A trial that involves digital evidence differs in two fundamental aspects from most other trials. 1. Legal issues concerning the admissibility of digital evidence will nearly always arise. 2. A prosecutor’s presentation of digital evidence may involve terms, issues, and concepts that are complex or unfamiliar. Therefore, the opening statement should be crafted to introduce the jury to the terminology and types of digital evidence that may be presented during the trial. Careful planning of case presentation and how digital evidence will be used throughout is essential to the successful outcome of a trial.
3. Why is digital forensic important?
The field of digital forensics has become more important as both computer and cellular markets continue
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Some criminals are getting smarter; data-hiding techniques such as encryption and steganography can put evidence of criminal activity where traditional search methods cannot find it.
Due to the increase of cell phone usage, the market for ‘malware’ or ‘spyware’ has increased. Cellphone forensics is a broad term within the digital forensics field that encompasses a variety of duties, notably, the ability to recover lost cell phone data, recover deleted text messages, analyze and extract call detail records, analyze and extract customer data integration, and detect and remove mobile ‘malware’ or ‘spyware’.
Spyware and Malware are both considered cyber crimes. Through using this software a criminal can determine personal information such as credit and debit card numbers from processes such as online banking or shopping or through hacking into sensitive information that you may have saved on your computer or
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This is done through packet sniffing or sensing critical information in the data packets), IP address tracing or to get the address from where the criminal was accessing, email address tracing or to get the details of the email server and in cases of email bombs. This is called computer forensics.
Forensic analysis is used to investigate accident cases and to determine its cause by analyzing the vehicle condition, tire and other marks, eye witnesses, calculating the vehicle's speed etc.
Clinical forensic medicine is useful in finding out child abuse, defensive wounds on a victim, gunshot wounds, injury patterns in domestic violence victims, self-inflicted injuries, sexual assault, and semen persistence.
Biometrics technology is combined with forensics, which helps to identify the fingerprint of the criminal, on the objects present in the crime scene.
Phonetics, which is also a part of forensics, that is used to tap the voice signals and identify the speaker. Speech enhancement, speech coding and tape authentication are other techniques used in phonetics.
Other useful aspects of forensic analysis includes fire investigation, forgery and fraud in payment cards, lie detection, footprint marks, voice analysis, digital imaging and photography
Digital Forensic is the process of uncovering and interpreting electronic data that can be used in a court of law. It requires a set of standards to show how the information that is gathered, preserve, and analyzed is strictly followed. The analysts need to understand the evolution of the current technology and how it will impact how they gather their information. The investigator is able to uncover evidence and analyze it to gain the understanding of the motives, crime, and the criminal’s identity to help solve the crime. As computers and technology continue to become a part of our everyday lives, the cyber realm contains a growing realm for evince in all types of criminal investigations (Cummings, 2008) Digital forensics is a way to connect information security and law enforcement. It ensures that the digital evidence is collected in a way that it can make it into the courts in an unhampered or uncontaminated way (Dlamini, M., Eloff, J. & Eloff, M., 2009).
In conclusion, as shown throughout this paper, evidence is needed to convince jurors to give a verdict of guilt or not guilt. Evidence comes in several forms such as physical evidence, substantial evidence. When evidence is presented, it acceptance in trial depends on relevant to the case to be admissible. “Relevance refers to any material fact or evidence having a tendency to make the existence of a matter at issue more probable than it would be without said fact (probative value)”(Britz, 2008, p. 344).
The last type of evidence I will discuss are documents. Everyone has a different handwriting and different characteristics that make it unique. Computers are also unique in the way they type and print out things. Document examiners can look over these and establish the similarities in the handwriting and computer forensic specialists can extract logs and other data from most devices.
The criminal justice system has changed a lot since the good old days of the Wild West when pretty much anything was legal. Criminals were dealt with in any fashion the law enforcement saw fit. The science of catching criminals has evolved since these days. We are better at catching criminals than ever and we owe this advancement to forensic science. The development of forensic science has given us the important techniques of fingerprinting and DNA analysis. We can use these techniques to catch criminals, prove people's innocence, and keep track of inmates after they have been paroled. There are many different ways of solving crimes using forensic evidence. One of these ways is using blood spatter analysis; this is where the distribution and pattern of bloodstains is studied to find the nature of the event that caused the blood spatter. Many things go into the determination of the cause including: the effects of various types of physical forces on blood, the interaction between blood and the surfaces on which it falls, the location of the person shedding the blood, the location and actions of the assailant, and the movement of them both during the incident. Another common type of forensic evidence is trace evidence. This is commonly recovered from any number of items at a crime scene. These items can include carpet fibers, clothing fibers, or hair found in or around the crime scene. Hairs recovered from crime scenes can be used as an important source of DNA. Examination of material recovered from a victim's or suspect's clothing can allow association to be made between the victim and other people, places, or things involved in the investigation. DNA analysis is the most important part of forensic science. DNA evidence can come in many forms at the crime scene. Some of these forms include hair; bodily fluids recovered at the crime scene or on the victim's body, skin under the victim's fingernails, blood, and many others. This DNA can be the basis of someone's guilt or innocence; it has decided many cases in the twentieth century. As the times continue to change and the criminals get smarter we will always need to find new ways to catch them. Forensic science is the most advanced method yet, but is only the beginning. As the field of science grows so will the abilities of the
In order to understand how to compile evidence for criminal cases, we must understand the most effective types of evidence. This topic is interesting because there are ample amounts of cases where defendants have gotten off because of the lack of forensic evidence. If we believe forensic evidence is so important and it affects our decisions, then maybe we need to be educated on the reality of forensic evidence. If we can be educated, then we may have a more successful justice system. If we have a more successful justice system than the public could gain more confidence that justice will be served. In order to do this, we must find what type of evidence is most effective, this can be done by examining different types of evidence.
Technology has opened new encounters and opportunities for the criminal justice system. There are so many new practices of criminal activity, such as computer crimes. There are different types of computer crimes that many people become victims of every day. Computer crime is any crime that involves a computer and a network. The computer may have been used in the commission of a crime, or it may be the target ("Computer Crime: Chapter 2: What Are the Crimes?", n.d.). Crimes such as data diddling, pump and dump, social engineering and spoofing are computer crimes. Even though these crimes are difficult by privacy issues, the new technology has made investigations and prosecutions well organized and effective. Though views are different on the pros and cons of specific technological changes in the criminal justice system, there is an agreement the system has changed affectedly ("Effects of Technology in Criminal Justice | eHow", n.d.).
Fingerprints are collected from the evidence, and ran through a database such as IAFIS. DNA evidence that is extracted from hair, bodily fluids and skin cells are also ran through databases that help identify the suspects. Firearms, bullets and cartridges are analyzed and can be used to trace a weapon back to its owner. All of the information gathered from collected evidence is pooled together to create a solid base for use in the conviction of suspects in a crime.
The use of computers in homes, schools, offices, and other places has increased in the past few years due to technological developments. As computers have become important components of modern communication, their increased use has also led to the emergence of computer crimes. Computer crimes basically involve the use of a computer system to carry out an illegal activity. In attempts to lessen the frequency and impact of computer crimes, law enforcement agencies use computer forensic to investigate these offenses. Actually, computer crimes are governed by specific laws and dealt with through conducting a computer forensic investigation (Easttom & Taylor, 2011, p.337). Notably, a computer forensic investigation is usually carried out through the use of computer forensic tools, which help in collection of evidence based on the specific offense.
What did they do ? Before we talk about it any further, we have to know some definitions that we use in digital forensics and digital evidence, not only two of them but the others too. This chapter will explain about it . Before we talk about it any further, we have to know the definition of what we are talking about. In the introduction we already know what digital forensic and digital evidence shortly are. In this chapter, we will more explore what they are, and some state that we found when we search about digital forensic and digital evidence. Computer forensics is a broad field and applied to the handling of crimes related to information technology. The goal of computer forensic is to securing and analyzing digital
...n of legally obtained evidence and statements. Each and every person involved in the process of the evidence collection and processing must be available for trial. If one of these parties is not available, it may cause some doubt in the juror’s mind, as to what was done with that piece of evidence. The case must be proven beyond a reasonable doubt. In conclusion if any piece of this investigation is not followed by using established guidelines, the outcome will not lead to the successful conviction.
scientific method for things such as DNA samples from hair and body fluids, fingerprint analyses and
Forensic science has paved the way to a new world of technological advancements in solving crime, through DNA analysis, new technology such as M-Vac, improving systems such as CODIS and other investigative methods. As forensic science technology advances, the chance of an individual being able to commit a crime and walk away free without leaving any trace of evidence will lessen. While forensic science has its limitations, it can be the only way to provide an accurate account of what actually occurred at some crime scenes.
Forensic science has now been recognized as an important part of the law enforcement team to help solve crimes and cold cases. The advances in technology are being used each day and we must continue to strive to develop better advances in this field. The recent discovery of using DNA in criminal cases has helped not only positively identify the suspect, but it has helped exonerate hundreds of innocent individuals. “With new advances in police technology and computer science, crime scene investigation and forensic science will only become more precise as we head into the future.” (Roufa, 2017) Forensic science and evidence helps law enforcement officials solve crimes through the collection, preservation and analysis of evidence. By having a mobile crime laboratory, the scene gets processed quicker and more efficiently. Forensic science will only grow in the future to be a benefit for the criminal justice
In our modern society, computers and other digital devices are becoming ubiquitous. In the late 1970’s the number of crimes that involved digital devices and computers has been increasing rapidly. As a result of that, computer experts specified the need for permanently improving digital forensic tools and practices.
Computer crime or Cyber Crime is defined as any type of crime that involves or regards a computer or computer network. Cyber Crime mainly means that the computer may be used as a tool in the commission of the crime or the computer may be the main target of the criminal’s crime. The rapid growth of technology and gadgets as well as the further de...