The complainant then circled the photograph he identified and initialed next to the picture. The complainant then signed the array confirming the person he identified and the statements
Interview witnesses the facial expression, which quiet make easy to collect the evidence. It opens the channel of communication. Documentary evidence is gathered which includes written statements (checks, invoices, bills, emails) and computerized document trails, any items that may be considered physical
Document B proves and shows the ages and genders of the accused and accusers. It also shows
The reliability and admissibility of evidence becomes a foundation to this truth as any evidence presented cannot contain elements which can provide doubt towards the validity of the prosecution. This can be shown through guideline 14 of the Office of the Director of Public Prosecutions agreement to provide advice for the NSW police towards the legal limitations or consequences of evidence obtained during the course of an investigation (Office of the Director of Public Prosecutions n.d). Identification evidence in particular has a lower weight and strength for admission to a court due to the fallibility and circumstantial nature of witnesses. The admissibility of identification evidence was previously determined by judges based on its quality with case law such as R v. Christie providing principles for discretionary powers for admissibility and Alexander v. R providing methods satisfactory to the court for identification such as identification parades under common law. (R v. Christie 1914; Alexander v. R 1981).
A search warrant was executed at his office where many materials were seized. Among those things that were taken was a flash drive. This flash drive fell under the electronic recording materials listed in the search warrant. This report covers the processes and findings of the previously mentioned flash drive. The first step is to make sure that the image file was not tampered with in any way.
“The special properties and technical complexity of digital evidence often makes it even more challenging, as courts find it difficult to understand the true nature and value of that evidence (Boddington, 2015)”. It’s not uncommon for innocents to be convicted and guilty people acquitted because of digital evidence (Boddington, 2015). However, other factors can also affect the validity of the evidence, including: failure of the prosecution or a plaintiff to report exculpatory data; evidence taken out of context and misinterpreted; failure to identify relevant evidence; system and application processing errors; and so forth (Boddington, 2015). “There is a perception, largely undeserved, that digital evidence somehow alters the true nature of the original evidence and is therefore unreliable. Presented properly, digital evidence is capable of being of tremendous assistance to the courts (Hak,
However, the way the glass evidence at the crime scene was documented, collected, and preserved absolutely would have had an impact on the examination results at the lab. The glass evidence was mishandled as it was reportedly transferred from an envelope to a plastic bag during the investigation, which could have resulted in further loss or contamination of the evidence. Overall, the mishandling of significant evidence compromised the reliability and admissibility in court. Again, this example of mishandling of evidence posed as another contention point within the case and resulted in much
Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer.” On top of this any Forensic tests that Dr Wilson carried out must be documented in a form that is understandable. Another qualified expert must supervise these tests and their qualifications must be also listed. The report that is complied may need ot changed at a later date this might be because of new evidence coming to light or because of questioning that has taken place in the court
Can a photocopy of Molly’s notes be used as an evidence of Paul’s statements? Under the rule of Admissibility of Duplicates, a duplicate is admissible as long as it is authenticated and is not inadmissible hearsay. Molly will have to state that she personally inspected the document and the photocopy is an exact duplicate of the original notes. Under Recorded Recollection exception against hearsay, Molly could use her notes to refresh her memory, as long as she personally wrote those notes, and the notes were made when the matter was fresh in her memory.
It is very important ladies and gentlemen to pay close attention to the physical evidence, and not the speculation, and rumor presented by the prosecution as
Evidence that cannot be seen nor proven should not be legitimate in the court of law. In Herb Block’s Cartoon “I have here in my hand” Senator Joseph McCarthy is holding two pieces of evidence in his hands. In his right hand, he is holding a document
With the introduction of new technology in recent years, the government can discreetly capture evidence from electronic files,
Student Name: Keshab Rawal Student ID: 77171807 Word Count: Title: The rise of anti-forensics: The rise of anti-forensics: Tables of contents: • Overview • Introduction • History • Categories/Tools of anti-forensics • Conclusion • Future Work Overview: Computer forensics is an active topic of research, with areas of study including wireless forensics, network security and cyber investigations. The goal of the computer forensics is to provide information about how the crime happened, why and who is involved in the crime in any legal proceeding by using the computer forensic tools.
CO4507 Digital Forensic Investigation Introduction Nowadays digital devices are everywhere in our life’s helping peoples in many sectors and providing possibilities to them. By pronounce the term “digital devices” the majority of the peoples thinking the computers, smart phones, tablets and the cloud applications. Now the digital devices are important not only in our work environment, or for entertainment and educational reasons, but are important because we can use them as digital evidence. Any kind of technology that processes information can be used in a criminal way vise versa can be used as digital evidence in the court.
The following section will consider advantages and limitation of the first two mentioned types of digital forensics: Traditional (dead) and Live computer forensics. TRADITIONAL (DEAD) VS LIVE DIGITAL FORENSICS Traditional (Dead) Forensics In order forensic acquisition to be more reliable it must be performed on computers that have been powered off. This type of forensics is known as ‘traditional’ or 'dead ' forensic acquisition. The whole process of dead acquisition, including search and seizure flowchart and acquisition of digital evidence flowchart is shown on Figure 2 and Figure 3 respectively.