This article demonstrates a significantly different approach to managing probative risks arising from the complex and fast changing relationship between law and computer science. Law’s historical problem in adapting to scientific and technologically dependent evidence production is seen less as a socio-techno issue than an ethical failure within criminal justice and state institutions. This often arises because of an acceptance of epistemological incomprehension between lawyers and scientists. Something compounded by the political economy of criminal justice and safeguard evasion within state institutions. What is required is an exceptionally broad interdisciplinary collaboration to enable criminal justice decision-makers to understand and manage the risk of further ethical failure. If academic studies of law and technology are to address practitioner concerns, it may often be necessary, however, to step down the doctrinal analysis to a specific jurisdictional level.