Digital Evidence In The Courtroom

Now essential to modern life, computers have also become increasingly important to criminals, who steal information, commit fraud, and stalk victims online. Even if a crime was not committed online, law enforcement may discover critical evidence from an offenders' digital media. For this evidence to be admissible however, police must demonstrate proper collection and handling. In the courtroom, prosecutors must overcome the twin barriers of scepticism and lack of technical understanding. To assist prosecutorial offices and associated law enforcement agencies, the National Institute of Justice (NIJ) has developed a series of guides dealing with digital evidence to address the complete investigation process. This book informs crime scene investigators and other handlers about legal requirements for the handling of digital evidence and also provides guidelines for successful prosecution. This book also provides information into the application of using digital evidence to convict in child pornography cases.

Section 1: What is Digital Forensics? Chapter 1. Digital Evidence is Everywhere Chapter 2. Overview of Digital Forensics Chapter 3. Digital Forensics -- The Sub-Disciplines Chapter 4. The Foundations of Digital Forensics -- Best Practices Chapter 5. Overview of Digital Forensics Tools Chapter 6. Digital Forensics at Work in the Legal System Section 2: Experts Chapter 7. Why Do I Need an Expert? Chapter 8. The Difference between Computer Experts and Digital Forensic Experts Chapter 9. Selecting a Digital Forensics Expert Chapter 10. What to Expect from an Expert Chapter 11. Approaches by Different Types of Examiners Chapter 12. Spotting a Problem Expert Chapter 13. Qualifying an Expert in Court Sections 3: Motions and Discovery Chapter 14. Overview of Digital Evidence Discovery Chapter 15. Discovery of Digital Evidence in Criminal Cases Chapter 16. Discovery of Digital Evidence in Civil Cases Chapter 17. Discovery of Computers and Storage Media Chapter 18. Discovery of Video Evidence Ch ...

"The proposed update, as part of our "Criminal Law Series," will incorporate all major changes to digital evidence in the criminal context. Like the first edition, it will serve as a concise, clear text addressing the procedural, tactical, and strategic elements of gathering, admitting, and presenting digital evidence."--

Required reading for anyone involved in computer investigations or computer administration!

Now essential to modern life, computers have also become increasingly important to criminals, who steal information, commit fraud, and stalk victims online. Even if a crime was not committed online, law enforcement may discover critical evidence from an offenders' digital media. For this evidence to be admissible, however, police must demonstrate proper collection and handling. In the courtroom, prosecutors must overcome the twin barriers of skepticism and lack of technical understanding. To help navigate this complex process, NIJ's technical working group of national experts prepared this special report. Chapters 1 and 2 inform crime scene investigators and other handlers about legal requirements for the handling of digital evidence. Chapters 3 and 4 provide guidelines for successful prosecution. The last chapter is a working application -- using digital evidence to convict in a child pornography case. Appendixes provide useful resources and forms.

The rapid, widespread adoption of new technology often outpaces society's development of a shared ethic governing its use and the ability of legal systems to deal with it. The handling of digital evidence is a perfect example. Although computers have existed for more than 60 years, it has been only since the late 1980s, as computers have proliferated in businesses, homes, and government agencies, that digital evidence has been used to solve crimes and prosecute offenders. For example, for years, evidence in child pornography cases was found in magazines and consisted of traditional photographs. During the mid-1990s, the Internet changed that. Now it is rare to find a child pornography case that involves anything other than digital images and printouts of those images. Once the province of "computer crime" cases such as hacking, digital evidence is now found in every crime category. Too often, though, law enforcement agencies and the judiciary are ill-prepared to deal with the issues created by the increasing use of this evidence. Some judges, attorneys, and jurors may harbor doubts about the reliability and significance of digital evidence. To prevent misunderstandings at trial, concepts must be explained in simple terms with carefully selected analogies and visual aids. Prosecutors should not assume that investigators understand how to avoid creating confusion at trial. Technically sophisticated investigators or examiners should not assume that prosecutors fully grasp the problems encountered in recovering and analyzing the evidence. Prosecutors, investigators, and examiners should share their knowledge of technical problems and discuss strategies. Addressed to law enforcement and prosecutors, this report is subject to several important limitations and, therefore, is only a guide. First, it identifies and briefly addresses some of the key issues related to digital evidence. More extensive treatment can be found in resources referenced throughout the guide and in appendix A. Second, many issues discussed are subject to laws that vary from jurisdiction to jurisdiction. Third, the technology and law in this area are rapidly evolving. Finally, this guide does not address the acquisition of digital evidence from outside the United States.

The rapid, widespread adoption of new technology often outpaces society's development of a shared ethic governing its use and the ability of legal systems to deal with it. The handling of digital evidence is a perfect example. Although computers have existed for more than 60 years, it has been only since the late 1980s, as computers have proliferated in businesses, homes, and government agencies, that digital evidence has been used to solve crimes and prosecute offenders. For example, for years, evidence in child pornography cases was found in magazines and consisted of traditional photographs. During the mid-1990s, the Internet changed that. Now it is rare to find a child pornography case that involves anything other than digital images and printouts of those images. Once the province of “computer crime” cases such as hacking, digital evidence is now found in every crime category. Too often, though, law enforcement agencies and the judiciary are ill-prepared to deal with the issues created by the increasing use of this evidence. Some judges, attorneys, and jurors may harbor doubts about the reliability and significance of digital evidence. To prevent misunderstandings at trial, concepts must be explained in simple terms with carefully selected analogies and visual aids. Prosecutors should not assume that investigators understand how to avoid creating confusion at trial. Technically sophisticated investigators or examiners should not assume that prosecutors fully grasp the problems encountered in recovering and analyzing the evidence. Prosecutors, investigators, and examiners should share their knowledge of technical problems and discuss strategies. Addressed to law enforcement and prosecutors, this report is subject to several important limitations and, therefore, is only a guide. First, it identifies and briefly addresses some of the key issues related to digital evidence. More extensive treatment can be found in resources referenced throughout the guide and in appendix A. Second, many issues discussed are subject to laws that vary from jurisdiction to jurisdiction. Third, the technology and law in this area are rapidly evolving. Finally, this guide does not address the acquisition of digital evidence from outside the United States.