Electronic Discovery And The Legal World Essay

The Evaluation Form must be attached to your Project 3 submission. I will deduct .25 points if the Evaluation Form is not the first page of your submission. Please note that I deduct 2 points per day that a project is late.

The influx of huge amounts of information, evolving technology had challenged criminal investigation systems and for that matter, the investigators. Any violations in Law lead to involvement of criminal investigation. The court bears all the expenses of the procedures in investigating the case, except the defence lawyer hired by the accused. In situations where the accused cannot afford, the state is liable to pay for his lawyer. It is a must that all the witnesses of the prosecution and the defence appear to the trial.

From a forensics perspective, an investigator could search for the person that submitted the documents. Lawyers and paralegals should be well versed in confidentiality and privacy. Many lawyers are cautious when using software that provide metadata. Thus, looking at emails and word processing information,

In the modern world, competition is the bond that holds society together. Every person can relate to it whether that competition is within a sport, video game, or a court hearing. The Canadian legal structure operates on the adversarial system. Neil Brooks defines an adversarial system as one in “which the parties and not the judge have the primary responsibility for defining the issues in dispute and for carrying the dispute forward through the system” (Brooks, The judge and the Adversary system.p.341-353). Within the adversarial system the judge has less of a role. He’s passive due to his lack of participation in the fact-finding. Its opposing system is the

If I am on a team working for the Hartford Superior Court to provide a recommendation for the court to digitally manage its documents. Certainly, I would recommend Alfresco for the court to manage its enormous documents. Because Alfresco provides open source technology. Moreover, Alfresco scales very well in the database layers and web. Whereas, Samepage is suitable to only a range of organizations including NGOs, real estate agencies and educational institutions. However, the massive collection of documents need more space and database to retrieve whenever they are needed. Samepage cannot justify these requirements. So, Alfresco will be the perfect recommendation for the court to digitally manage

• Increase electronic access and viewing of public court records, implement electronic filing of civil and criminal cases, and protect confidential data. Furthermore, the implementation of a restraining order database will improve efficiency and accuracy in identifying violations. Additionally, electronic dispensing of information in various key languages will assist in educating non-English speakers’ awareness of the American judicial system.

The idea of law and order in this country isn’t a new one and, in fact, has taken a very long time to get to the point it is today. But it isn’t done changing or improving because with every new advancement and technology law must adapt to encompass these new gray areas and make them clear in the court of law. An example of a few large milestones in United States’ law that reflect such adaptability are the Federal Rules of Evidence; Federal Rules for Civil Procedure; and the Sedona Conference. Each of these milestones have made clear many issues and gray areas in the law. Issues in evidence collection and presenting as well as digital evidence collection are a few of the many subjects covered in these federal rules.

This essay analyzes the morals and ethics of the amendment to Rule 41 (Search and Seizure) of the federal rules of criminal procedure (FRCP). The ethical theory used to analyze the amendment to rule 41 of the FRCP is act utilitarianism (based off of the ‘greatest happiness principle’) which states that an action is considered moral if its benefits exceeds the harms to the affected parties. With the use of this ethical theory of act utilitarianism, it will be demonstrated that the amendment to to Rule 41 pertaining to electronic remote search and seizure of computer data is morally and ethically unjustified. Firstly, the Fourth Amendment of the U.S. constitution is violated by the amendment to rule 41 which would eliminate the “Reasonable Expectation of Privacy” of citizens. Additionally, the amendment to rule 41 of the federal rules of criminal procedure can act as a double edged sword, since personal information can leak out to the public. Finally, the amendment to rule 41 lacks a clearly defined mitigant to warrantless remote search and seizure of computer data, which allows for any computer to be remotely searched (hacked) without the knowledge of the owner. The act of electronic remote search and seizure is a violation of personal privacy rights and is not only unethical but also unconstitutional.

As science and technology have evolved over the years we have become accustomed to many advantages that we did not have in the past. From the ability to talking on the phone no matter where we are to major advancements in medicine we have entered an age where just about anything is possible. This includes the ability to exonerate those who have been wrongfully convicted.

With that being said, I feel that attorneys with technology based knowledge have the upper hand, and in order to compete with the ever growing uses of technology, attorneys must adapt to any and all means necessary in order to win over the jury and present their case in a way that is both meaningful and easily understood.

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

Every year, hundreds of people get convicted wrongly as a result of criminal proceedings that are rooted in miscarriage of justice. The defendants are convicted for crimes not committed where errors are not proven until their death or having served a lot of jail time. Wrongful convictions are fueled by false witnesses, incompetence of defense lawyers and inadequate evidence among others. However, with the emergence of forensic DNA in collection of evidence, the rate of wrongful convictions has decreased in the past few years. This paper focuses on the fallibilities that lead to miscarriage of justice and what role technology has played in correcting and mitigating the previously erroneous judicial system.

Technology is the persistent application of information in the design, production and use of goods and services, and in the organization of human activities. Criminal Justice is the system of law enforcement, involving police, lawyers, courts, and corrections, used for all phases of criminal procedures and penalty. As technology is used in the organization of human activities and criminal justice deals with the criminal aspects of humans it constantly unites these two things. As technology advances, so will it is use in the field of criminal justice. These advancements are necessary to help keep up with the growing and evolving world, but it is also necessary to make sure that this type of technology does not begin to infringe on a person’s individual civil liberties.

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.

Technology has changed the way we live our lives in pretty much every way imaginable. In the past, the common belief was that only manual work would be greatly affected by the rise of technology. However, service professions such as the legal profession have certainly seen a change as well. There are discussions what this will mean in the future and whether it will go beyond the current aiding role. If that is so, it could potentially change the current legal framework and question the role of lawyers themselves. There are also issues in relation to the protection of clients through data protection, confidentiality and accountability to look out for. This essay will focus on four main points. Firstly, it will discuss the overall impact of technology on the legal profession, while discussing the potential and feared threat of this. Secondly, exploring the lawyer’s responsibility to offer quality and proper service while relating this to accountability of technology. Thirdly, it will discuss issues relating to confidentiality and the overall role of the lawyer to ensure confidentiality is kept a priority while balancing out the cost reducing and more efficient technologies. Lastly, it will discuss the educational position in relation to technology and the changes that need to happen to prepare future lawyers for their careers.