Proposal / Submission Type
Peer Reviewed Paper
Location
Richmond, Virginia
Start Date
25-5-2011 9:15 AM
Abstract
As computers and digital devices become more entrenched in our way of life, they become tools for both good and nefarious purposes. When the digital world collides with the legal world, a vast chasm is created. This paper will reflect how the legal community is failing to meet its obligation to provide adequate representation due to a lack of education about digital (computer) forensics. Whether in a civil litigation setting or a criminal setting, attorneys, prosecutors and judges have inadequate knowledge when it comes to the important questions they need to ask regarding digital evidence. Reliance on expert witnesses is not enough when the attorney cannot discern whether the opinion presented by the expert (even their own expert) is accurate, factual, or even plausible. The results of a survey distributed to attorneys, prosecutors and judges throughout the United States bear this out in a startling manner.
Keywords: attorneys, lawyers, computer forensics, digital forensics, CLE
Scholarly Commons Citation
Murff, Karon N.; Gardenier, Hugh E.; and Gardenier, Martha L., "Digital Forensics and the Law" (2011). Annual ADFSL Conference on Digital Forensics, Security and Law. 12.
https://commons.erau.edu/adfsl/2011/wednesday/12
Included in
Computer Engineering Commons, Computer Law Commons, Electrical and Computer Engineering Commons, Forensic Science and Technology Commons, Information Security Commons
Digital Forensics and the Law
Richmond, Virginia
As computers and digital devices become more entrenched in our way of life, they become tools for both good and nefarious purposes. When the digital world collides with the legal world, a vast chasm is created. This paper will reflect how the legal community is failing to meet its obligation to provide adequate representation due to a lack of education about digital (computer) forensics. Whether in a civil litigation setting or a criminal setting, attorneys, prosecutors and judges have inadequate knowledge when it comes to the important questions they need to ask regarding digital evidence. Reliance on expert witnesses is not enough when the attorney cannot discern whether the opinion presented by the expert (even their own expert) is accurate, factual, or even plausible. The results of a survey distributed to attorneys, prosecutors and judges throughout the United States bear this out in a startling manner.
Keywords: attorneys, lawyers, computer forensics, digital forensics, CLE
