Proposal / Submission Type

Peer Reviewed Paper

Location

Richmond, Virginia

Start Date

31-5-2012 1:45 PM

Abstract

Perfunctory case analysis, lack of evidence validation, and an inability or unwillingness to present understandable analysis reports adversely affect the outcome course of legal trials reliant on digital evidence. These issues have serious consequences for defendants facing heavy penalties or imprisonment yet expect their defence counsel to have clear understanding of the evidence. Poorly reasoned, validated and presented digital evidence can result in conviction of the innocent as well as acquittal of the guilty. A possession of child pornography Case Study highlights the issues that appear to plague case analysis and presentation of digital evidence relied on in these odious crimes; crimes increasingly consuming the time, resources and expertise of law enforcement and the legal fraternity. The necessity to raise the standard and formalise examinations of digital evidence used in child pornography seems timely. The case study shows how structured analysis and presentation processes can enhance examinations. The case study emphasises the urgency to integrate vigorous validation processes into cyber forensics examinations to meet acceptable standard of cyber forensics examinations. The processes proposed in this Case Study enhance clarity in case management and ensure digital evidence is correctly analysed, contextualised and validated. This will benefit the examiner preparing the case evidence and help legal teams better understand the technical complexities involved.

Keywords: Digital evidence, evidence analysis, evidence validation, presentation of evidence, digital evidence standards.

 
May 31st, 1:45 PM

A Case Study of the Challenges of Cyber Forensics Analysis of Digital Evidence in a Child Pornography Trial

Richmond, Virginia

Perfunctory case analysis, lack of evidence validation, and an inability or unwillingness to present understandable analysis reports adversely affect the outcome course of legal trials reliant on digital evidence. These issues have serious consequences for defendants facing heavy penalties or imprisonment yet expect their defence counsel to have clear understanding of the evidence. Poorly reasoned, validated and presented digital evidence can result in conviction of the innocent as well as acquittal of the guilty. A possession of child pornography Case Study highlights the issues that appear to plague case analysis and presentation of digital evidence relied on in these odious crimes; crimes increasingly consuming the time, resources and expertise of law enforcement and the legal fraternity. The necessity to raise the standard and formalise examinations of digital evidence used in child pornography seems timely. The case study shows how structured analysis and presentation processes can enhance examinations. The case study emphasises the urgency to integrate vigorous validation processes into cyber forensics examinations to meet acceptable standard of cyber forensics examinations. The processes proposed in this Case Study enhance clarity in case management and ensure digital evidence is correctly analysed, contextualised and validated. This will benefit the examiner preparing the case evidence and help legal teams better understand the technical complexities involved.

Keywords: Digital evidence, evidence analysis, evidence validation, presentation of evidence, digital evidence standards.