In the midst of the Silk Road trial, the defendant's lawyer is fighting hard to include one key piece of evidence: an emoji.

Ross W. Ulbricht, a man from California, was charged with running the online black market bazaar in the deep web called the Silk Road where drugs and other contraband goods are sold. While the trial has not been on long, an objection been placed in the proceedings.

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The objection, brought up by Ulbricht's lawyer and omitted by federal prosecutors, focused on an emoji.

An emoji is a symbol; an emotion made into an icon (emoticon) that most people use in chat or text services.

One day, the prosecution read an internet post. It said, "I'm so excited and anxious for our future, I could burst."

However, the emoji in that post was not identified.

Eventually, judge Katherine Forrest instructed the jury that it should take note of any symbols as they are part of the evidence of the document.

The trial of Ulbricht is a tricky one as the new technology is beginning to factor in to criminal and civil cases.

The main subplot of this trial is how chats, other messages, and their emojis should be presented in court. Apart from that, it is also key that jurors be educated on the matter.

Lawyers also needed to adapt to the bizarre turnings of these new types of cases. More and more evidence is being gathered from computers and cell phones.

The trial of one Gilberto Valle in New York City is one such instance. He was accused of plotting the kidnap, torture, murder, and eventual consumption of women. The case against him was built up mostly on messages he left on fetish websites.

"The question of identity in the virtual world is a complicated one," said Julia L. Gatto, the lawyer for Mr. Valle, whose conviction was overturned last year.

As society becomes more entrenched in online events, it is time for the law system to adapt to the Internet as it has become a part of daily life. 

TagsSilk Road, Emoji, emoticon, Ross W. Ulbricht, Silk Road trial