81137787 Steps Necessary In Making Electronic Evidence Admissible In Court Pr
Steps Necessary in Making Electronic Evidence Admissible in Court
Name:
Course:
Instructor:
Institution:
Date of Submission:
Introduction
Electronic evidence or digital evidence is any information stored digitally that a party in a court case may use to prove a case in a court trial. This kind of evidence has been in use in the courtrooms for some timeandmay come in the form of instant message history logs, ATM transactions, browser history, databases, and other forms of electronic materials. The reason as to why electronic evidence is gaining momentum in criminal and civil litigation is that there has been a rise in electronic communication users everyday. This all comes down to the impact of revolution within the ICT that generates an effect across all spheres including businesses, transport, and communication. These advancements in electronic communications have revolutionized communication aspects, business aspects, and the relations between friends and family. Admissibility of electronic evidence within a trial has its hurdles considering that it could easily befalsified and manipulated. The pressure falls upon the judges to rule on the admissibility of certain electronic evidence. The way that the court rules on the admissibility of electronic evidence will have an impact on the final ruling by the court. This might be the determining factor between acquittal and conviction. The most demanding in ruling on admissibility of e-evidence is a case concerning computer crime. This crime, unlike others, may have little or no physical evidence and hence, electronic evidence remains as the only viable option.
Judges have to subject electronic evidence to the same rules as the paper or physical evidence with no regard to the type of electrical gadget or crime committed. This therefore calls for a lot of care and caution when ruling on the admissibility of electronic evidence due to its bleak nature. Moreover, since there are different kinds of electronic
Name:
Course:
Instructor:
Institution:
Date of Submission:
Introduction
Electronic evidence or digital evidence is any information stored digitally that a party in a court case may use to prove a case in a court trial. This kind of evidence has been in use in the courtrooms for some timeandmay come in the form of instant message history logs, ATM transactions, browser history, databases, and other forms of electronic materials. The reason as to why electronic evidence is gaining momentum in criminal and civil litigation is that there has been a rise in electronic communication users everyday. This all comes down to the impact of revolution within the ICT that generates an effect across all spheres including businesses, transport, and communication. These advancements in electronic communications have revolutionized communication aspects, business aspects, and the relations between friends and family. Admissibility of electronic evidence within a trial has its hurdles considering that it could easily befalsified and manipulated. The pressure falls upon the judges to rule on the admissibility of certain electronic evidence. The way that the court rules on the admissibility of electronic evidence will have an impact on the final ruling by the court. This might be the determining factor between acquittal and conviction. The most demanding in ruling on admissibility of e-evidence is a case concerning computer crime. This crime, unlike others, may have little or no physical evidence and hence, electronic evidence remains as the only viable option.
Judges have to subject electronic evidence to the same rules as the paper or physical evidence with no regard to the type of electrical gadget or crime committed. This therefore calls for a lot of care and caution when ruling on the admissibility of electronic evidence due to its bleak nature. Moreover, since there are different kinds of electronic
References: Giordano, S. (2004). Electronic Evidence Law. Systems Frontiers, 6, pp. 161-174. Givens, L. (2003). Cumberland Law Review. Cumbria: LEXIS. Keena, J. R. (2002).Bench & Bar of Minnesota.Retrieved March12,2014 fromhttp://www2.m nbar/benchandbar/2002/mar02/ediscovery.htm. Kenneally, E. (2001). Open Source Software to Assess Reliability for Digital Evidence.Virginia Journal of Law and Technology, 6, pp. 23- 37. Kerr, O. S. (2001). U.S. Department of Justice, United States Attorneys.USA Bulletin: Computer Records and the Federal Rules of Evidence, 49,p. 4. Retrieved March12, 2014 from http://www.usdoj.gov/criminal/cybercrime/usamarch20014.htm. Krotoski, L.& Jason, P. (2011). Log Record Analysis in Computer Crime.Obtaining and Admitting Electronic Evidence, 59,pp. 1-15. Mercer, C. (2014). Causes of Cyber Crime.Retrieved March12,2014 from http://science. Opposing views.com/causes-cyber-crime-1846.html. Nemeth, C. (2001). Law: A Primer for Criminal Justice, Criminology. New Jersey: Prentice Hall. O 'Connor, T. (2004). Hearsay Rule and Exceptions. Retrieved March 12,2014 from http://faculty.ncw.edu/oconnor/405/405lect11.htm. Patzakis, J. (2003). Accounting Reform Laws Technology-Based.International Journal of Digital Evidence, 2,pp. 113-134. Richardson, R. (2007). CSI/FBI Computer Crime and Security Survey. Retrieved March12, 2014 from http://www.gocsi.com/. Rowlingson, R. (2004). A Ten Step Process for Forensic Readiness. International Journal of Digital Evidence, 2,p. 3. Varchaver, N. (2003). The Perils of E-Mail.Fortune. Retrieved March 12, 2014 from http://money.cnn.com/magazines/fortune/fortune_archive/2003/02/17/337317/. Volonino, L. (2003). Electronic Evidence and Computer Forensics, 12, p. 27. Zaslow, J. (2003) To Fight E-Mail Sharing, Firms Try New Rules,Software. Wall Street Journal,2(1). Retrieved March 12, 2014 fromhttp://online.wsj.com/article/ 0,,SB105405850262272 400,00.html.