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Chain Of Custody And Evidence Preservation Paper

671 Words3 Pages

Chain of custody and evidence preservation Understanding the rules of evidence is an important aspect in planning for processing the crime scene. I will ensure my team has a clear understanding and knowledgeable about the rules and regulations that are applied to digital evidence. My team needs to comply with State and Federal principles of evidence, as well as stay current with latest rulings and directives on collecting, processing, and yielding advanced digital evidence (Luttgen, Pepe, & Mandia, 2014). When managing digital evidence, standard criminology and procedural principles should be followed (Muskasey, Sedgwick, & Hagy, 2001): - The digital evidence should not be changed during the process of collecting, securing, and transporting. …show more content…

Chain of Custody form is an important form filling in as identifying the evidence, identifies individual who handled the evidence, record MD5 and SHA-1 hash value, and date/time when the evidence was handled. In addition, my team with tags and bags to store and document all evidence. If the Chain of Custody is tempered or broken, the evidence might be prohibited in the court and the investigation might be compromised. All step taken to acquire data or changes of evidence must be documented in the Chain of Custody form (Ryder, 2002). For that reason, BMF has the evidence management which includes: where the evidence is collected, record all personnel who handles and processes the evidence to extract the data, guaranteeing secure evidence storage with limited accessibility. If the evidence are misused, the evidence will undoubtedly be voided from the …show more content…

Writing a report that will be utilized in a court is the most important factor of the investigation agent’s obligation. Individuals who read and translate the report are not experts, so all clarifications, conclusions and articulations (especially while portraying factual frequencies or probability of event) ought to be written in plain, clear and basic language to avoid ambiguity or misunderstanding (Maher, 2004). As a suggestion from UMUC in Module 5 of CSEC650: Cybercrime Investigation and Digital Forensics, my team will prepare a written report to include the following

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When evidence is collected it should be preserved so that it may be used if needed in the future. Also if a witness feels that the sketch is not exactly what the witness sees in their mind they should tell the sketch artist to fix it so that it does look like the person they have in mind. Larry Youngblood was one of the lucky ones and was exonerated with advanced technology allowing them to test the semen samples found in the clothing of David (Innocence Project

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Officer Kelley swabbed the red stain and put the swab on a rack to dry. Officer Kelley placed this swab in a small bindle, which he then proceeded to place in a paper bag. Officer Kelley sealed the paper bag with crime scene tape and signed over the tape and the bag. Officer Kelley labeled the evidence and filled out the chain of custody. Officer Kelley transferred this evidence to Officer Blenk.

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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).

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“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,

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