Digital Evidence: A Qualitative Analysis

Improved Essays
The opening of this research paper discusses a personal reflection on Troy University’s CJ 4482 curriculum through an elaborate and collaborative analysis that details the job duties of digital forensic investigators. The second portion of this paper dissects the methodology notating specific actions that are vital to the identification, preservation, and transportation of electronic evidence. Adherence to new and evolving protocols and behaviors take center stage in this reflection in order to ensure the importance of identification, preservation and collection in the forensic process is achieved. The summation of the paper reviews the deontological perspective, which is more black and white, puts focus on doing the right thing, regardless …show more content…
Specifically, these methods denote a standard order for their practicum. The significance in adhering to the fifteen crucial steps from beginning to end of the process of evidentiary practices was made clear (National Criminal Justice Reference Service, 2017). For instance, a chain of custody form must be completed when investigators first arrive on the scene, and preserved until after the evidence appears in court for prosecutorial purposes. These steps have been developed in an effort to ensure the protection of digital evidence during the process of identification, preservation, and collection (National Criminal Justice Reference Service, 2017). However, in order to bolster conversations, Professor Daniel provided during week 1 the foundational definition of digital evidence, which he said is, “information and data of value to an investigation that is stored on, received, or transmitted by an electronic device.” Even though the definition has importance, it is essential to understand the process which is determined through its application. For instance, in the process forensics investigators interacts with and influences others to study the facts behind digital evidence, which are concealed digital evidence that is comparable to DNA or fingerprints; it is also multi-jurisdictional because it transverses borders effortlessly; lastly, it can be ruined, impaired, and modified without difficulty, …show more content…
Therefore, anything that happens during the search and seizure, the transportation of evidence, as well as the storage must maintain its integrity for intention of being reviewed and analyzed on a deeper

Related Documents

  • Decent Essays

    In Chapter three, the author discusses the importance of evidence in regards to sustaining a final verdict. Evidence is an important factor in a case, and is in constant review as to if the evidence is credible in court. The rules of evidence ultimately dictate what can and what cannot be presented to the judge and jury. Motion to suppress evidence is occasionally used by certain parties to dismiss evidence that is believed to be unlawfully obtained.…

    • 324 Words
    • 2 Pages
    Decent Essays
  • Superior Essays

    The use of forensics in criminal investigations is to establish possible guilt or innocence of the potential suspect, linking crime between the suspect…

    • 1469 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    DEA Forensic Analysis

    • 525 Words
    • 3 Pages

    At times, there are certain cases where investigators run into dead ends or obstacles depending on the circumstances at hand. As in this case of the kidnapping and murder of special agent Enrique Camarena and Captain Alfredo Zavala, the DEA and forensic investigators faced many hurdles. The processing of significant evidence was constantly put to a halt. The DEA and investigators were unable to do things in the way that they wanted to. This put them through many challenges and hurdles in the investigative process.…

    • 525 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The matter of contention present with respect to the disclosure of evidence is conspicuous when considering the notion of full disclosure itself. The concept of fully sharing evidence…

    • 797 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    a) Consent to Search In R v. Wills (1992) the court found the following criteria necessary for a valid consent search: 1. There was consent, expressed or implied; 2. The giver of the consent had the authority to give the consent; 3. The consent was voluntary (not police coerced); 4. The giver of consent was aware of the police conduct; 5.…

    • 1052 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The fourth amendment protects all citizens from illegal searches and seizure of their possessions and property. The Weeks v. United States case law was established in 1914, which consisted of police entering Fremont Weeks home and illegally seizing evidence of Weeks transporting lottery tickets through the mail. This case is what brought forth the exclusionary rule, which makes any evidence obtained during an illegal search and seizure possibly inadmissible in court. To uphold the fourth amendment, officers need a probable cause to justify the search of someone’s home and other property. To establish probable cause, officers need factual evidence that leads them to believe that the suspect has committed a crime.…

    • 482 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The court agreed that the government needs some sort of “reason of suspicion” and that digital files are much more intimate and revealing than just contents of a…

    • 793 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    List and discuss the five key steps for first responder preservation of evidence. Law enforcement personnel understand the concept of the preservation of evidence, not only is it critical in the prosecution of a criminal case, but the position of evidence plays a factor in the forensics investigation with the cause of death or injury. Unfortunately, other emergency services personnel are not in tune with the importance of preserving evidence because it is not a primary job focus like law enforcement and the lack of education attributes to the disconnect. The more emergency services organizations can work together in the focus of evidence preservation, it will result in positive outcomes and minimize confusion and tensions between organizations.…

    • 1154 Words
    • 5 Pages
    Superior Essays
  • Great Essays

    Evidence Interpretation

    • 1578 Words
    • 7 Pages

    Evidence Interpretation Over the years, there have been several cases that have been resolved with a false guilty plea or cases where a guilty party was not convicted of a crime. There are various elements that play a role in solving cases; evidence is a one of these key elements. Many factors can determine if the evidence submitted before a court of law is accurate such as how the evidence is collected, if proper protocell was followed before the laboratory’s handling of the evidence, and if the evidences was accurately processed by the crime scene laboratory by various forensic scientists. Furthermore, with the advances in technology in today’s society, various pieces of evidence such a DNA analysis have been considered a crucial element…

    • 1578 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Chain of custody at the crime scene starts with a controlled area and forensic evidence expert is there to witness as evidence is chronically marked or labeled and visually logged where the evidence is found. Photographs using a few various types of cameras are taken again documenting each item and their location including scale to size. Features or non-portable items and their locations at the scene are documented by scale drawings. Anyone involved in the process or at the crime scene coming or going are also well documented. 3.…

    • 457 Words
    • 2 Pages
    Improved Essays
  • Brilliant Essays

    Criminal Law Concepts

    • 156 Words
    • 1 Pages

    CJ 205-Criminal Investigation Principle. Pearson Custom Edition ed. New York, NY: Pearson Learning Solutions, 2014. Print.…

    • 156 Words
    • 1 Pages
    Brilliant Essays
  • Improved Essays

    Digital Evidence

    • 640 Words
    • 3 Pages

    A big concern around the collection and analysis of digital evidence is when an executed search warrant becomes a general warrant. Digital evidence is scattered within a computer surround by data that is considered to be protected documents. Because of this fact digital evidence collection and analysis can turn a warrant into a general warrant. This is a major problem for law enforcement because it means that whole cases could be thrown out, or criminals could end up back on the street. Many people have tried to determine what the best course of action is to try and avoid general warrants with computers.…

    • 640 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Importance of the Chain of Custody The chain of custody is one of many types of documentation tools to assist in crime scene investigations, it is defined as the documentation process the evidence goes through from the point of gathering, to final presentation to the courts and it is intended to make sure that the evidence collected has not been tampered with in any manner (James, Nordby, Bell 2014). The actual chain of custody form is a form that outlines how many items were found, who gathered the items, the date and time of this collection and also where the evidence is stored (Erickson, 2015). This method is important because it ensures that all the evidence that was collected and submitted is sealed which prevents any misrepresentation…

    • 203 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    Mr. Oliver sent the three photos to a single person whom he deems trustworthy enough to not exploit the photos. Task 2) Based on the limited information provided in the scenario, what is the rationale for launching an investigation that uses computer forensic activities? Would D&B and/or law…

    • 711 Words
    • 3 Pages
    Great Essays
  • Improved Essays

    Assignment 5.3: Role of Investigator Introduction Investigators have an immense role in the criminal justice system. They have to ensure they follow due process, as well as, keeping the integrity of the evidence to prove continuity when entered into court. In the QB trial video, R v. Perry and Manitoba (2016), the investigating officer, Constable York, seized four exhibits: a wallet, a Timex watch, a kitchen knife, and a gun replica, which entered into court as physical evidence. Constable York also testified as a key witness, who then had to undergo a cross-examination by the defence counsel.…

    • 964 Words
    • 4 Pages
    Improved Essays