Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
essays on digital evidence
digital evidence imporant to an investigation
essays on digital evidence
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: essays on digital evidence
Potential digital evidence is everywhere, and for law enforcement can be the cause of a lengthy seizure process. Knowing what to consider digital evidence and how to properly seize digital evidence is important for all members of law enforcement to ensure the evidence is protected for potential court cases. Digital evidence is defined as electronic data, materials, objects, property, documents, or records that are presented in court to prove or disprove allegations made against an arrestee. Digital evidence takes the form of electronic data or information stored in bits and bytes on magnetic media. Digital evidence can be photos, videos, text documents, Internet activity logs, phone numbers, or any other data that are stored electronically that have relevance to a criminal case (Knetzger & Muaski, 2008). Devices can also be seized which can potentially hold digital evidence. Some examples of the devices to which store this data are personal computers, computer media discs, cellular phones, digital cameras, and MP3 players, and this is just to name a few of the devices out there that hold this information. It is a crime scene investigators first mission to never change a crime scene or alter evidence, so it is important for first responders, or law enforcement personnel to remember this upon first reaching or entering a crime scene. The main goal is to document and preserve the scene exactly as it was when the crime was committed (Knetzger & Muaski, 2008). The first thing that law enforcement personnel wants to do is photograph the scene from multiple vantage points, which will be used as evidence of how the property was when law enforcement arrived on the scene of the crime. Secondly, it is important that law enforcement know ... ... middle of paper ... ... magnetic media, wiping it clean. Another main focus of importance is to document each person in the chain of custody and what that Person’s role was. Actions taken by each person should also be documented. This is especially critical in a digital evidence case, because the forensic specialist will need to state unequivocally that data were not added, modified, deleted, or otherwise manipulated while that computer or digital device was in police custody (Knetzger & Muaski, 2008). It is important that all law enforcement have some knowledge in seizing computer (digital) evidence. With the internet, social media, and electronic devices being in not only everyone’s home, but in everyone’s hand in the form of a cell phone now a days digital crimes are increasing. Understand these few pieces of information about digital evidence can either make a case, or break it.
In order for evidence to be used in court, it must be collected and tested by valid methods. The collection of evidence must be completed carefully and properly to prevent cross-contaminating or destroying the evidence. Before evidence can be collected at a crime scene, the area must be secured to ensure everyone stays safe and that the evidence is not destroyed. After the scene is secured by all proper measures, the collection process can begin. The first items to be collected are those that are transient, fragile or perishable. Hair, fibers and small shards of glass are all
From a trial strategy point of view, you always start with the piece(s) of evidence you believe are most damaging to the client's case and work backwards looking for an exploitable flaw in the search and seizure procedure that would make that or those item(s) inadmissible. The further back in the series of events you can argue a fatal flaw, the more likely that the evidence and any additional materials which flowed from that particular item of evidence will be excluded. This is the practical analysis of all the times we see or hear of law enforcement arguing that there was some technical item which drew their attention and suspicion and justifies their hunch that criminal activity is afoot.
In the case of Bradley Cooper, a Google map discovered on his computer was the sole piece of evidence used to convict the ex-Cisco Engineer of murdering his wife (Bort, 2014). In this particular case, digital evidence played a very large role in the initial conviction and eventual appeal and retrial. Originally, Cooper was convicted for two reasons. First, a Google map was found on his computer zoomed in to the exact spot the body was discovered (Bort, 2014). The map search was timestamped on the day before the murder, suggesting that Cooper was scouting a dump location (Bort, 2014). Additionally, prosecutors argued that Cooper stole a router from Cisco systems, and used that device to fake a phone call from his already slain
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
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.
Evidence is the key element in determining the guilt or innocence of those accused of crimes against society in a criminal court of law. Evidence can come in the form of weapons, documents, pictures, tape recordings and DNA. According to the American Heritage College dictionary, evidence is the documentary or oral statements and the material objects admissible as testimony in a court of law (476). It is shown in court as an item of proof, to impeach or rehabilitate a witness, and to determine a sentence. This paper will examine two murder cases, O.J. Simpson and Daniel Taylor.
Collection of evidence is usually a term designated to refer to the collection of physical evidence, government agencies such as police or environmental protection departments will have their own methods for the collection, storage and conservation of physical evidence and it is the responsibility of forensic personnel to adhere to these set guidelines. General principles which are shared amongst various agencies include, the creation of contemporaneous notes, recording the collection of evidence via photographing, videotaping and/or audiotapes, preserving the crime scene by sealing off the location and only allowing designated personnel to enter, avoiding contamination of the crime scene by investigators through the use of full body covering and also preventing cross-contamination with the scene and any suspects.
...he defendant’s computer from the witnesses’ computers. Despite Ravi’s attempt to tamper with evidence, the expert used computer forensic tools and processes to collect and record evidence.
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...
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.
The biggest challenge investigators face and who is involved with high tech crime is the fast-paced constant evolving nature of technology. When companies come out with new devices or new versions of old devices which is almost all the time, and those who gather digital evidence must remain current to be able to locate and preserve all potential evidence. As technology evolves the capacities of these devices will rapidly increase while their form factor grows continually smaller. Investigators must preserve digital evidence to make sure it is suitable for presentation in court as well. Investigators must first never change a crime scene or alter evidence. It is their goal to document and preserve the scene exactly as it was when the crime occurred. Extreme caution and care is needed because the mere act of documenting or cataloging a crime scene means that investigators are interacting with the scene. The second concern is the physical fragility of the evidence. Care must be taken to keep items from getting wet, stepped on etc, this can also be applied to digital evidence. Investigators have been able to examine hard disk drives that have been through fires because the drives are usually air and water tight and impervious to temperatures into the thousands of degrees. The third issue is that digital evidence can be lo...
Collecting evidence from a crime scene is a crucial aspect of solving crimes. Before evidence can be seized, there must first be a court order approving the search of the crime scene and the seizure of the evidence found at the scene. Standard protocol for officers is for them to always use latex gloves, avoid plastic bags, double wrap small objects, package each object separately, and to collect as much evidence as possible. It is better to have too much evidence than to not have enough. There are countless amounts of evidence that can be found at a crime scene.
Today, technology has affected our global surroundings in a number of ways. Technology has created a more advanced society and economy. We use technology in every aspect of life today. New innovations and technology helps create a safer atmosphere and reduces the rate of crime. Technology is the usage and knowledge of techniques or is systems of these things. Usage of technology in the criminal justice system is not new but more apparent today. Technology in criminal justice will continue to challenge us to think about how we turn information into knowledge. Due to new technology, criminal investigations are able to maintain and improve their processes. Forensic science, DNA, other and future technology has all had a tremendous impact on criminal investigation and its process.
Digital Forensic is described as “ a forensic science encompassing the recovery and investigation of materials found in digital devices “ (“Introduction to Digital Forensics,” 2011). The objective of digital forensics is to implement a well-structured investigation while preserving a documented chain of custody and evidence custody form to know what really occurred on digital devices and who was accountable for it.
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