“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,
“Black Code: Surveillance, Privacy, and the Dark Side of the Internet,” written by Ronald J. Deibert, outlines different issues and benefits that have arised due to the growing use of the internet. Deibert begins his essay providing information about the internet such as the rapid growth of smartphones, how the internet has taken over most of societies lives, and key differences between previous technological innovations compared to the internet. He continues his essay by discussing the U.S.A. Patriot Act and how this law should be retracted based on the fact that various companies, like Google, can give the government our personal searches if they ask. Then, he talks about various types of cyber crimes and how we need stronger regulations to control the internet so these crimes would not be possible. Deibert concludes his essay explaining how the internet has provided many benefits in today’s nation, but the internet needs stricter regulations for our own protection.
In order to prosecute a case of cybercrime there has to be four components that must follow. First, the crime has to be committed by using an electronic device. Second, the offender must have the intention to harm an individual or an organization. Third, the perpetrated or intended harm encompasses conduct amounting to interference or damage to either tangible or intangible property owned by a person or organization. Lastly, the conduct concerned is criminalized within either the jurisdiction of the victim or the jurisdiction of the accused.
Amid the ever changing world we live in where the internet expands globally, the question arises how to regulate and prosecute wrongdoings. As technology advances daily, laws have to adapt quickly to ensure that the people are protected in the physical sense and in the virtual sense. For the most part the lack of physical presence is difficult to identify the
However, these measures do not work in full for the following reasons: 1. There has been a week cooperation between the EU Member States and the special EU institutions (Europol and Eurojust) in this sphere, in particular on the exchange of information and in coordinating the work on joint investigations and operations. 2. There is a general reluctance on the part of States to provide financial assistance and to give up part of their political sovereignty to European counter-terrorism agencies. The consequence of financial constraints is the impossibility of effective formation and maintenance of the functioning of counterterrorism structures and mechanisms at the interstate level.
Changing social values: These values change over time and the law will represent changing social values. The values can only represent most people. Changing social values are a great source of motivation for law reform. Gay marriage is an example of a changing social value.
At the same time that the world has become overly dependent on technology, criminals have taken advantage of the situation to use it for their benefit committing crimes easier and in many cases the victims can unknowingly make themselves targets simply by not protecting their presence in this technology based world. As technology grows, cybercrime grow as well, and it should prevail in the steps and precautions taken to prevent it
Whats Next: And over the next serval years the law could change even more. Laws could become even more specific about cybercrimes.
Prominent people, the rich and famous, do not deserve red carpet or VIP treatment by prosecutors? Families of the rich and famous, or prominent people receive special treatment by the Justice system because of their social status, a system that is supposed to be giving equal justice to everyone regardless of social status. According to Karmen (2016), “certain victims were more likely to be given first class or VIP treatment, while others tend to be neglected, abused, and treated as second-class complainants by the same agencies and officials” (p. 240). In brief, social status decides how law enforcement handles a case.
“Profiling has taken a turn for the worst” Race shouldn’t be what moves police to believe that one group is more crime driven than another. And it shouldn’t be an argument that racial profiling by law enforcement is a real issue because it is and it must be dealt with now or never or this problem with continue into the future and most likely get worse over time. Over the course of my research I’ve found two key points that make my argument valid. Point one being that police are moved to police in there ways because of past Jim Crow laws. Point two is based on statistical facts about how many different races get stopped or frisked by police on average.
Death Penalty, Constitutional or Not Imagine a family member of yours was unjustly framed with something he didn’t commit and he is sentenced to death penalty, how would you feel? Death sentence has been thrown back and forth with the argument that it is or it is not an acceptable way of punishing. Offenders are doing what they know best, breaking the law, but the government instead of fixing the problem by doing something better, the make it worse by taking another life from society, which can be considered a “crime”. The death penalty is currently being used by thirty-four out of the fifty in the United States. Death penalty often establishes the question, “Does the government have the right to take away someone’s life?”
With computer technologies and the internet has connected the world together with the ability to communicate with people in different countries. As a society, we have become very dependent on computers and when the systems go down we cannot function as well, businesses cannot conduct their business. With the internet connecting the world together, it gives concerns for cyber-terrorism and cyber-attacks. Cyberterrorism is when a group attacks a target with intention of causing harm and further political, social, religious, or other goals. Cyber-attacks are attacks on a target system carried about by different people and may not be associated with a terrorist group.
GLOBALIZATION, TECHNOLOGY AND LAW Globalization and Technology Globalization has completely transformed the way in which the world and its people interact. Earlier there were several roadblocks in the ability to communicate and interact with the people worldwide. But now, the world is becoming more and more globalized in all spheres: Business, financial, social, economical, etc. Over the years, a lot of technological advancements have come into picture including the changes in the field of Information Technology, having a significant impact on the global landscape.
Clerks have changed how they file and process documents. Judges have become more aware of crimes committed with new technology. Law enforcement now uses technology in the apprehension of criminals. Technology has played a substantial part in modernizing the field of law. Evolution of Technology in Trial Law
This evolution in Information Technology and the major innovations made in it is a major driving force behind globalization, which actually set the cart rolling. Globalization and Law This concept can rather be understood as ‘GLOBALIZATION OF LAW’. Globalization of Law includes the translocal networks of local laws as well as the complex interaction between the nation, state and its law .
