Digital Evidence And Law Enforcement Essay

Electronic evidence is very fragile because it can be destroyed or altered very easily, therefore it is imperative that investigators follow very careful all the procedural steps when collecting electronic evidence (Diversified Forensics). Before any electronic evidence is gathered investigators should determine whether there is probable cause that a crime has been committed, or if the crime was committed somewhere else the investigator should determine whether the electronic evidence will aid the investigation process to prove or disapprove the crime, if a warrant is needed it must be obtained prior to collecting the evidence (Diversified Forensics). Hard drives, computers, and other electronic devices must be turned off, unplug all cables,

A big problem with digital evidence is, that the suspects can hide the evidence on any location on the Hard Drive. That means a judge, a police office or a forensic analyst can impossible predict where exactly the evidence is located on the Hard Drive. That implies, that the forensic analyst have to search through the entire Hard Drive to find the evidence

In the United States, local, state, and federal law enforcement agencies, including FBI, Department of Homeland Security, among others, have taken on roles to fight computer crimes and terrorism. The roles and responses of these law enforcement agencies concerning digital crime have created challenges that limit enforcement efforts against digital crime.

Cybercrime has experienced significant progress during recent years, as its advance is directly proportional with the advance of technology. In spite of the fact that the authorities devise new and better strategies to fight cybercrime, the fact that the number of people online is constantly increasing means that cybercrimes occur even more frequently. Dishonest people who seek opportunities have discovered how the internet stands as a perfect environment for them to commit crimes by taking as little risks as possible. Computer fraud generates a series of benefits for the person committing it, as he or she can either profit financially from the enterprise or can simply alter files in order for his or her image to be positively affected. Identity theft is a major form of cybercrime and it is essential for society to acknowledge the gravity of the matter in order to be able to effectively fight against criminals using it.

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

Investigating a cyberstalking case presents a unique set of challenges. Evidence can be found in digital form, so it can be protected from being lost or damaged, or the complete opposite can be true and it can be easily lost, damaged, corrupted, or rendered inadmissible in court due to flawed forensic gathering practices. It is important, with cases involving digital media that the same procedures be followed when it comes to collecting evidence. Chain of custody documentation must still be kept. The right software must be used to directly copy any hardware seized or searched for investigative purposes.

The Internet crimes can often overlap between fraud and other crimes. Because of these overlapping crimes it is important the there is communication and cooperation between our own agencies and international agencies.

THE REASON WHY USE DIGITAL FORENSICS , AMONG OTHERS? 1. In the case law, digital forensics techniques are often used to investigate computer systems belonging to the defendant (in criminal cases) or the defendant (in civil cases). 2.

In simple terms, computer or digital forensic evidence analysis is the scientific collection of data that is either retrieved or held by a computer storage device that can be used against a criminal in a court of law. For the information to be used in court it should be collected before it is presentation; therefore, there are a number of recommendations proposed to make sure that information collected meets the intended integrity.

Digital Forensic methods have to be continuously updated in order to effectively combat trends that enable users with intentions of destroying, concealing, altering and deleting digital evidence that can either link them to serious felonies or various computer crimes. Means for tampering with evidence involve the use of techniques that are classified as anti-forensics. Anti-forensics presents digital forensic investigators with several challenges, the greatest being connecting the perpetrator to a crime by identifying evidence of their use of it. If a perpetrator can properly conceal his/her tracks using anti-forensics then even if a digital forensic investigator can identify the use of anti-forensic tools on a system, they’d still have a daunting task ahead of them; proving what user used the tools and how it can be admissible as evidence in the court of law. These challenges have existed in the past, and exist even today as the field of digital forensics has to constantly evolve to keep up with its enemy, anti-forensics. However, experts are currently researching future ways to identify the presence of anti-forensics and some of the perpetrators are getting caught.

In a world where technology is increasingly becoming the way of life, it was only a matter of time before crime was no longer just in the streets but happening online as well. Criminals now get a new approach to carry out their crimes with the use of computers. Since technology is more like a murder mystery than catching the bad guy in the act, a new discipline of forensics needed to be put into place. This is known as computer forensics. Forensic science is any science used for the purpose of law. In the case of computer forensics it is “the discipline that combines elements of law and computer science to collect and analyze data from computer systems, networks, wireless communications, and storage devices in a way that is admissible as evidence in a court of law” (U.S. Cert, 2008). Meaning if you do something illegal on the Internet it can be found.

Law enforcement agencies, especially at the state and local levels, are in the process of getting their hands around cybercrime enforcement. Although federal agencies have the laws, training and resources to pursue enforcement of cybercrime, they only can only address the biggest, high dollar cases.

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.

A proliferation in the amount of crimes and crime related data has lead to a demand in digital forensic investigation tools that helps the investigator to detect, analyze and investigate the criminal data stored on digital devices.

One of the drawbacks of computer technology and its use by law enforcement is that digital or electronic data and evidence obtained during investigations may easily be modified, deleted or lost. This fact makes the admissibility of such evidence in court to be contested thus slowing down the prosecution of crimes.