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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)
Questions
1 & 2
Student’s
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Questions
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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...