Page 31 - Forensic News Journal Jan Feb 2018
P. 31

Digital Evidence and Legal Proceedings

        amination of evidence to

        determine whether it had
        been used to commit or
        facilitate a crime as well

        as to identify supportive
        material for either side of

        a legal case.


        In order for digital evi-

        dence to be admissible in
        court a number of criteria

        must be met, including,
        ensuring that the evidence                                                         Photo Courtesy of themindunleashed
        has not been altered and             mented, preserved, and               and loss of some or all the

        that an auditable trail has          available for review.                data present.
        been kept relating to the            (U.S. Department of

        storage and investigation            Justice (2004) Forensic              Therefore, to ensure its
        of the evidential device or  Examination of Digital                       integrity, a ‘chain of
        media. The key points of             Evidence: A Guide for                custody’ relating to the

        the handling and investi-            Law Enforcement, Wash-               evidence should be es-
        gation of digital evidence           ington).                             tablished. This usually

        is provided as follows:                                                   amounts to a paper trail
                                             The nature of digital de-            detailing the whereabouts
        Actions taken to secure              vices therefore makes                of all evidential sources

        and collect digital evi-             them particularly suscep-            during custody, along with
        dence should not affect the  tible to damage or corrup-                   the details of individuals

        integrity of that evidence;  tion. Due to the constant                    having access to it, when
        Persons conducting an                requirement for devices to           and any actions taken with
        examination of digital               be physically smaller in             it. This, along with a com-

        evidence should be trained  size yet bigger in capacity,                  parison and review of the
        for that purpose;                    the components become                digital media itself should

                                             ever smaller and more                allow for the acceptance
        Activity relating to the             delicate, therefore, even            by an independent exam-
        seizure, examination, stor- storing the devices in an                     iner that a given item of

        age, or transfer of digital          unsuitable environment               media has not been cor-
        evidence should be docu              can cause the corruption             rupted or compromised


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