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The role of digital evidence
Digital evidence and its importance
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Evidence is key to every investigation. It can help seal the fate of a criminal during the course of an investigation and trial, because it proves their guilt and/or innocence. Digital evidence is growing in popularity today because it allows the criminal to communicate locally and globally, while offering a “safe” place to store their activities. This digital evidence is any form of electronic data that is “stored in bits and bytes on magnetic media” (Knetzger & Muraski, 2008). This digital evidence comes in multiple forms. Ranging from things like a personal computer to a MP3 player, it can include laptops, USB sticks, cell phones and video cameras. Each can hold different kinds of data, which can be used by officers for evidence in a case. Once the type of digital evidence to seize is known, the effort then turns to collecting and preserving that evidence. Preserving digital evidence can be difficult and the proper steps must be taken to assure nothing is lost or altered. . Michael Knetzger and Jeremy Muraski authors of Investigating High-Tech Crime said, “Similar to a doctor’s Hippocratic Oath to “do no harm”, crime scene investigators must first endeavor never to change a crime scene or alter evidence.” Multiple professionals have written manuals to help train our law enforcement officers in the art of preserving this fragile evidence. These manuals have be written because the data is so easily lost or altered, that all must take the proper precautions to preserve it. First, law enforcement officers must never attempt to search for evidence on the device during the seizure. This is because they may accidently cause the computer to crash, set of a virus, which would wipe the computer clean, or erase what is currently being... ... middle of paper ... ...ther major thing to keep in mind is the chain of custody with the evidence. Detailed records need to be kept on the handling of the device. “A break in that chain is the opportunity a defense attorney dreams about because he or she than can exploit it to cast doubt on the case” (Knetzger & Muraski, 2008). The best way to avoid a break in the chain is to involve as few people as possible. No matter what kind of digital evidence is involved, once must always take the proper steps to preserve the evidence. The slightest mistake during the seizure, storage or investigation can cost the investigators precious evidence, or even the case. Though every case must be handled differently, these steps are a beginning on how to handle digital evidence. As technology and the crimes committed with it evolve so must the techniques in acquiring and preserving the information.
If handled with care the evidence can be the best assistance to the crime investigator and can be used as a major proof in court. To improve the investigation any detective or expert has to admit the necessity of the non-movable items observation and processing apart from the regular movable evidence collection.
Preservation of Crime Scenes and Evidence. (2013, November 18). Retrieved from Correctional Service Canada: http://www.csc-scc.gc.ca/politiques-et-lois/568-4-cd-eng.shtml
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.).
Forensic evidence can provide just outcomes in criminal matters. However, it is not yet an exact science as it can be flawed. It can be misrepresented through the reliability of the evidence, through nonstandard guidelines, and through public perception. Forensic science can be dangerously faulty without focus on the ‘science’ aspect. It can at times be just matching patterns based on an individual’s interpretations. This can lead to a miscarriage of justice and forever alter a person’s life due to a perceived “grey area” (Merritt C, 2010) resulting in a loss of confidence in the reliability of forensic evidence.
Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations. July 2012. Computer Crime and Intellectual Property Section. 26 Oct. 2013. .
New types of technology have made it easier to track down and catch criminals. Then also made it easier for prosecutors to gather and present more credible information. Some new technology that has made it easier to track down criminals or help provide more reliable and supportive evidence is things such as DNA testing, computer technology, fingerprinting, and GPS tracking devices. “The main strengths of technology in the criminal justice system lie in the provision of databases which allow better and more efficient records to be stored and retrieved” (Bean 370). Prosecutors now in sense have “…an infallible test of truth, a foolproof method, of determining the accuracy and reliability of evidence and hence of convictions” (Pallaras 72). These 4 technological advancement...
No matter what the case, forensic science has monumentally changed criminal investigation. From computer technology to fingerprint analysis, forensic science has played a key role in thousands of cases. The partnership between the law and forensic sciences has changed the justice system like no other investigative tool: the intelligence provided by this technology is instrumental for both exonerations and convictions alike.
Andrus, R., Bailey, J., Sprague, T., Springer, F., Tulleners, F., Wiersema, S., et al. (n.d.). Crime Scene
Any evidence that can be collected appropriately and that is relevant to the case at hand can be beneficial for law enforcement. However, digital evidence has a process and should be collected in a specific way to be utilized in building a case against perpetuators of the law. Most criminals now knowingly or not leave a trail of evidence behind them for cyber forensic teams to collect on. Generally, when collecting evidence first the cyber forensics team will want to discuss the scene with investigators to determine the type of evidence that may or may not be collected. This will assist in determining the type of evidence, time spent on site, and location of the collection.
There are four steps in digital forensic such as acquisition, identification, evaluation, and admission of evidence, and further described admissibility of evidence. The layer of outline abstractions has two inputs and two outputs in forensic examination. The basic
Live acquisition: The future of data acquisitions is shifting toward live acquisitions because of the use of disk encryption with newer operating systems (OSs). In addition to encryption concerns, collecting any data that’s active in a suspect’s computer RAM is becoming more important to digital investigations. The processes and data integrity requirements for static and live acquisitions are the same. The only shortcoming with live acquisitions is not being able to perform repeatable processes, which are critical for collecting digital evidence.
Furthermore “to combat what is known as cyber-crime a special investigator is needed to collect and preserve digital evidence for court” What Is Computer
The transitional growth in the forensic science sector has not been without challenges. Though the world has experienced increased capabilities and scientific knowledge, which has led to faster investigations and results, many forensic experts have argued that forensic laboratory testing, in the light of 21st century technological advancements, is yet to meet the expected rate in quick available testing and analysis (Mennell & Shaw, 2006). This is with respect to the growing rate of crime and the high demand of quick crime scene testing and analysis. In the science of crime scene, analysis and interpretation of evidence is majorly dependent on forensic science, highlighting the change in the role of forensic sciences (Tjin-A-Tsoi, 2013). In the business of forensic science, time is beginning to play important role in the evidence testing and analysis which is becoming crucial in reducing ...
The process of gathering evidence largely depends on the role of discretion by the police. Once police have decided to pursue a reported crime, they then begin the process of gathering evidence. To ensure that the process of gathering evidence is lawful, the police must follow the procedure outlined in the Evidence Act 1995 (NSW), which describes the manner in which evidence can be collected. This act imposes certain limits on the way police can gather evidence and the types of evidence that can be used. The Act is able to protect the rights of citizens by making it a requirement for the police to gain necessary legal documentation, such as search warrants, in order to obtain some types of evidence and thus, protects the rights of ordinary systems. In more recent times, the use of technology has come to play a major role in the gathering of evidence and with this comes complications in the law. New technologies in relation to the criminal investigation process are mainly in reference to DNA evidence, genetic material that can place a suspect at the scene of a crime. The introduction of DNA evidence into the criminal investigation process has been extremely effective in achieving justice, as it is able to secure convictions. Initially, there were some setbacks to the use of DNA evidence