Author: Lars E. Daniel
Release Date: 2012
Digital Forensics for Legal Professionals provides you with a guide to digital technology forensics in plain English. In the authors' years of experience in working with attorneys as digital forensics experts, common questions arise again and again: “What do I ask for?? “Is the evidence relevant?? “What does this item in the forensic report mean?? “What should I ask the other expert?? “What should I ask you?? “Can you explain that to a jury?? This book answers many of those questions in clear language that is understandable by non-technical people. With many illustrations and diagrams that will be usable in court, they explain technical concepts such as unallocated space, forensic copies, timeline artifacts and metadata in simple terms that make these concepts accessible to both attorneys and juries. The authors also explain how to determine what evidence to ask for, evidence might be that could be discoverable, and the methods for getting to it including relevant subpoena and motion language. Additionally, this book provides an overview of the current state of digital forensics, the right way to select a qualified expert, what to expect from a qualified expert and how to properly use experts before and during trial. Includes a companion Web site with: courtroom illustrations, and examples of discovery motions Provides examples of direct and cross examination questions for digital evidence Contains a reference of definitions of digital forensic terms, relevant case law, and resources for the attorney
Author: Larry Daniel
Publisher: Academic Press
Release Date: 2017-06-12
Cell Phone Location Evidence for Legal Professionals: Understanding Cell Phone Location Evidence from the Warrant to the Courtroom is a guide, in plain language, for digital forensics professionals, attorneys, law enforcement professionals and students interested in the sources, methods and evidence used to perform forensic data analysis of cell phones, call detail records, real time ping records and geo-location data obtained from cellular carriers and cell phones. Users will gain knowledge on how to identify evidence and how to properly address it for specific cases, including challenges to the methods of analysis and to the qualifications of persons who would testify about this evidence. This book is intended to provide digital forensics professionals, legal professionals and others with an interest in this field the information needed to understand what each type of evidence means, where it comes from, how it is analyzed and presented, and how it is used in various types of civil and criminal litigation. Relevant case law are included, or referred to, as appropriate throughout this book to give the reader an understanding of the legal history of this type of evidence and how it is being addressed by various state and federal courts. Presents the most current and leading edge information on cell phone location evidence, including how cell phone location works, and how evidence is used and presented in court Covers tactics on how to locate cell phones and cell phone records Provides the first book to take an in-depth look at cell phone location evidence for digital forensics, legal and law enforcement professionals Includes a companion website with full-color illustrations of cell phone evidence and how cell phones work
Author: Maria Angela Biasiotti
Release Date: 2018-06-26
This volume offers a general overview on the handling and regulating electronic evidence in Europe, presenting a standard for the exchange process. Chapters explore the nature of electronic evidence and readers will learn of the challenges involved in upholding the necessary standards and maintaining the integrity of information. Challenges particularly occur when European Union member states collaborate and evidence is exchanged, as may be the case when solving a cybercrime. One such challenge is that the variety of possible evidences is so wide that potentially anything may become the evidence of a crime. Moreover, the introduction and the extensive use of information and communications technology (ICT) has generated new forms of crimes or new ways of perpetrating them, as well as a new type of evidence. Contributing authors examine the legal framework in place in various EU member states when dealing with electronic evidence, with prominence given to data protection and privacy issues. Readers may learn about the state of the art tools and standards utilized for treating and exchanging evidence, and existing platforms and environments run by different Law Enforcement Agencies (LEAs) at local and central level. Readers will also discover the operational point of view of LEAs when dealing with electronic evidence, and their requirements and expectations for the future. Finally, readers may consider a proposal for realizing a unique legal framework for governing in a uniform and aligned way the treatment and cross border exchange of electronic evidence in Europe. The use, collection and exchange of electronic evidence in the European Union context and the rules, practises, operational guidelines, standards and tools utilized by LEAs, judges, Public prosecutors and other relevant stakeholders are all covered in this comprehensive work. It will appeal to researchers in both law and computer science, as well as those with an interest in privacy, digital forensics, electronic evidence, legal frameworks and law enforcement.
Digital Forensics Trial Graphics: Teaching the Jury Through Effective Use of Visuals helps digital forensic practitioners explain complex technical material to laypeople (i.e., juries, judges, etc.). The book includes professional quality illustrations of technology that help anyone understand the complex concepts behind the science. Users will find invaluable information on theory and best practices along with guidance on how to design and deliver successful explanations. Helps users learn skills for the effective presentation of digital forensic evidence via graphics in a trial setting to laypeople such as juries and judges Presents the principles of visual learning and graphic design as a foundation for developing effective visuals Demonstrates the best practices of slide design to develop effective visuals for presentation of evidence Professionally developed graphics, designed specifically for digital forensics, that you can use at trial Downloadable graphics available at: http://booksite.elsevier.com/9780128034835
Digital Evidence and Computer Crime, Third Edition, provides the knowledge necessary to uncover and use digital evidence effectively in any kind of investigation. It offers a thorough explanation of how computer networks function, how they can be involved in crimes, and how they can be used as a source of evidence. In particular, it addresses the abuse of computer networks as well as privacy and security issues on computer networks. This updated edition is organized into five parts. Part 1 is about digital forensics and covers topics ranging from the use of digital evidence in the courtroom to cybercrime law. Part 2 explores topics such as how digital investigations are conducted, handling a digital crime scene, and investigative reconstruction with digital evidence. Part 3 deals with apprehending offenders, whereas Part 4 focuses on the use of computers in digital investigation. The book concludes with Part 5, which includes the application of forensic science to networks. New to this edition are updated information on dedicated to networked Windows, Unix, and Macintosh computers, as well as Personal Digital Assistants; coverage of developments in related technology and tools; updated language for search warrant and coverage of legal developments in the US impacting computer forensics; and discussion of legislation from other countries to provide international scope. There are detailed case examples that demonstrate key concepts and give students a practical/applied understanding of the topics, along with ancillary materials that include an Instructor's Manual and PowerPoint slides. This book will prove valuable to computer forensic students and professionals, lawyers, law enforcement, and government agencies (IRS, FBI, CIA, CCIPS, etc.). Named The 2011 Best Digital Forensics Book by InfoSec Reviews Provides a thorough explanation of how computers & networks function, how they can be involved in crimes, and how they can be used as evidence Features coverage of the abuse of computer networks and privacy and security issues on computer networks
Author: Naira R Matevosyan, Dr
Release Date: 2014-01-06
Dissociative identity disorder (DID) is a rare disease for what general practitioners have “no code.” It however has a heavy weight in forensic research. Experts are divided on whether DID warrants an acquittal for "not-guilty-by-reason-of-insanity" (NGRI) defense. Over the past century, DID has been raised to defend a variety of offenses, from a parking ticket to the first degree murder, or to manipulate with the civil suits for monetary relief. Applying traditional rules of criminal culpability or civil liability to these cases poses a significant challenge. The concepts of personhood and identity create a havoc in determining the insanity. Diagnostic exclusions are scarce, with exceptions of the explicit memory transfer to be the key to deny the dissociated identity, whereas the absence of implicit memory transfer helps to think of personality dissociation. Retrograde amnesia comes to be a central symptom and with its variations it helps to differentiate the alters of identity from the alters of personality. There is currently no consensus within the USA legal system as to the extent to which individuals with DID can or should be held responsible for their actions. Courts that are receptive to the DID diagnostic construct have used one of three approaches to assess criminal responsibility in such cases: "alter-in-control approach," "each-alter approach," and "host-approach." Amidst the above complexity, the legal system must also deal with potentially conflicting mental health testimony, especially given enduring controversies about the DID diagnosis. DID challenges the Model Penal Code hierarchy of mens rea (purpose, knowledge, recklessness, negligence), the concept of evidence, material facts, and estoppel of duress.From the Frye test, witness categories (educating, reporting, interpreting), types of evidence (bolstering, attacking, rehabilitating), malinger and credibility of testimony, to the outcomes of adjudications, this book presents a value-adding comprehensive guide on the court-visited criminal and civil cases when one of the parties claim for suffering a DID.Equipped with 153 references, it also provides with an exhaustive analysis of 21 adjudications, inclusive for their legal rules and limits, precedents, first impressions, overrides, dicta, certiorari, dispositions, verdicts, remedies, holdings and reasoning, pursuant to the Constitutional or statute enactments in the United States and District of Columbia.Presented cases are located via LexisNexis,™ BlueBook, and Bloomberg Law. All published cases are free for public access under the U.S. Health Insurance Portability & Accountability Act (HIPAA), 14th Amendment Due Process Clause, and the Digital Millennium Copyright Act (DMCA).
Author: David W. Neubauer
Publisher: Cengage Learning
Release Date: 2018-01-01
The premier choice for Courts courses for decades, this popular text offers a comprehensive explanation of the courts and the criminal justice system, presented in a streamlined, straightforward manner that appeals to instructors and students alike. Neubauer and Fradella's crisp and clear writing, characterized by the organization of material into brief sections within chapters, ensures that readers gain a firm handle on the material. At the same time, the text's innovative courtroom workhouse model -- which focuses on the interrelationships among the judge, prosecutor, and defense attorney -- brings the courtroom to life. AMERICA'S COURTS AND THE CRIMINAL JUSTICE SYSTEM has long been known for the way it gives students an accurate glimpse of what it is like to work within the American criminal justice system, and the thirteenth edition is no exception. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.