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Questions 1 & 2

Pages:
4 page
Sources:
4
Solution:
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Subject:
LAW, ETHICS, CRIMENOLOGY
Language:
English (U.S.)
Date:
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INSTRUCTIONS:

Your final exam consists of two essay questions.

Each essay response is to be a minimum of 500 words and consist of fully developed paragraphs.

Rewriting the essay question is not considered a part of your response

Direct quotes are not to be used in test answers.

A minimum of 2 up to date (less than 10 years old), peer reviewed, scholarly sources are required per question.

Answers are to be consistent with the college level. The essays shall be written in the most current APA format and include in text citations to credit your sources.

Question 1 (50 points)

What is the proper procedure for the collection, preservation, and storage of digital evidence? What are the legal challenges?

 

Question 2 (50 points)

What are the three standards used by the courts when deciding to accept expert witness testimony

SOLUTION:

Questions 1 & 2

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Questions 1 & 2

Question 1

The Proper Procedure for the Collection, Preservation, and Storage of Digital Evidence

The first step is identification. It involves obtaining data about the crime before collection of digital evidence starts. In this sage, the investigator records everything abound the device containing the evidence (Arshad et al., 2018). Particular like parties involved in the incident, what happened, when, where, and how the incident occurred are written down.

The collection is the second step in the process. The investigator must obtain the media in which the digital evidence is stored. At this stage, investigators are encouraged not to temper with the media while collecting it. The investigator should identify the crime scene and protect it from contamination and preserve the violation of volatile evidence.

The acquisition is the third step. It entails the extraction of evidence from the obtained gadget. Several extraction methods are available to the investigator based on the device in question. For instance, a technique used to extract data off a laptop is totally different from acquiring data from a smartphone. However, in either way, professional steps should be followed.

Step number four is preservation. Crime scene investigators are encouraged to securely store the gadget from which the evidence is extracted until it is needed again. Usually, the conservation is done physically or digitally (Arshad et al., 2018). However, an intelligent management system that compatible with evidence management systems is preferred—preservation purposes to protect digital data from codification. 

The last step in the exercise is analysis and reporting. It tasks crime scene investigators with examining and evaluating the data gleaned from the device to produce proof for corporate or legal proceedings. The information gathered from the gadget assists in reconstructing the incident under investigation. Reconstruction and analysis transform data into evidence.

Legal Challenges

The privacy issue is the first legal challenge surrounding digital evidence collection and storage. Privacy legislation requires agencies to store digital proof in restricted access to authorized persons only (Du et al., 2017). It is challenging that agencies struggle to handle digital data, especially when they have large volumes of information to tackle. In addition to controlled access, agencies need to keep auditing log to help track who viewed the evidence and at what time. The agencies' role is to select evidence management solutions that permit such users and content segregation via secure and separate portals and case folders. The system administrator is prohibited by law from accessing the evidence files. The investigating agencies struggle to adhere to the laid down legislation about privacy and incur high financial costs to implement them.

Also, admissibility is a legal challenge faced by crime scene investigating agencies. Digital handling problems may make digital evidence inadmissible in court, and all the agency's efforts are left in vain. According to the law, it is the agency's responsibility to learn how the proof can be presented based on the court's technology setup and internet connectivity. The court requires the agency to securely transport and deliver the digital case (Du et al., 2017). Evidence collectors...

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