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Constructing digital evidence: A study on how cognitive and human factors affect digital evidence
Appears in the following collection.
- Institutt for kriminologi og rettssosiologi [607]
List of papers
Article 1: Sunde, N., Dror, I. E. (2019). Cognitive and human factors in digital forensics: Problems, challenges, and the way forward. Digital Investigation, 29, 101-108. doi: 10.1016/j.diin.2019.03.011. The article is included in the thesis. Also available at: |
Article 2: Sunde, N., Dror, I. E. (2021). A Hierarchy of Expert Performance (HEP) applied to digital forensics: Reliability and biasability in digital forensics decision making. Forensic Science International: Digital Investigation, 37, 301175. doi: 10.1016/j.fsidi.2021.301175. The article is included in the thesis. Also available at: |
Article 3: Sunde, N. (2022). Unpacking the evidence elasticity of digital traces. Cogent Social Sciences, 8:1, DOI: 10.1080/23311886.2022.2103946. The article is included in the thesis. Also available at: |
Article 4: Sunde, N. (2021). Strategies for safeguarding examiner objectivity and evidence reliability during digital forensic work. Forensic Science International: Digital Investigation, 40, 301317. doi: 10.1016/j.fsidi.2021.301317. The article is included in the thesis. Also available at: |
Article 5: Sunde, N. (2021). What does a digital forensics opinion look like? A comparative study of digital forensics and forensic science reporting practices. Science & Justice, 61(5) 586-596. doi: 10.1016/j.scijus.2021.06.010. The article is included in the thesis. Also available at: |
For library staff
A Comprehensive Digital Forensic Investigation Model and Guidelines for Establishing Admissible Digital Evidence
MPhil Thesis
Authors | Ademu, Inikpi Onechojo |
---|---|
Type | MPhil Thesis |
Abstract | Information technology systems are attacked by offenders using digital devices and networks to facilitate their crimes and hide their identities, creating new challenges for digital investigators. Malicious programs that exploit vulnerabilities also serve as threats to digital investigators. Since digital devices such as computers and networks are used by organisations and digital investigators, malicious programs and risky practices that may contaminate the integrity of digital evidence can lead to loss of evidence. For some reasons, digital investigators face a major challenge in preserving the integrity of digital evidence. Not only is there no definitive comprehensive model of digital forensic investigation for ensuring the reliability of digital evidence, but there has to date been no intensive research into methods of doing so. |
Year | 2013 |
Digital Object Identifier (DOI) | |
Publication dates | |
Jan 2013 | |
Publication process dates | |
09 May 2016 | |
Publisher's version | INIKPI_ADEMU_FINAL_THESIS V2.pdf |
https://repository.uel.ac.uk/item/85xwz
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Digital Evidence and War Crimes Prosecutions: The Impact of Digital Technologies on International Criminal Investigations and Trials
Fordham International Law Journal, Vol. 41, No. 2, 2018
55 Pages Posted: 31 Mar 2021
Lindsay Freeman
Human Rights Center, UC Berkeley School of Law
Date Written: 2018
As technology develops, new tools are continually being introduced that alter the nature and availability of courtroom evidence. The proliferation, connectivity, and capabilities of camera- embedded and internet-enabled mobile devices, which record far more information about people’s activities and communications than ever before, are transforming the way criminal investigators and prosecutors collect, evaluate, and present evidence at trial. This is particularly true in international criminal trials, where prosecutors must present a voluminous and varied body of evidence to prove multiple charges related to complex conflicts. It is the prosecutor’s job to present evidence in a way that assists the fact-finder in evaluating its significance and understanding how it fits into the greater narrative. In cases involving war crimes, crimes against humanity, and genocide, a large quantity and diversity of evidence is necessary to explain the context of the conflict and to prove the requisite elements of crimes and modes of liability. By examining the evidence and presentation techniques used in recent cases before international criminal courts, this article illustrates how war crimes prosecutions are evolving to meet the challenges and advantages of modern times. Part II explains the applicable law and describes how the use of emerging types of evidence in international criminal cases has expanded and been refined over the years. Part III analyzes three exceptional, yet emblematic cases from 2016, which call attention to an important trend that is predictive of the future use of digital evidence in war crimes prosecutions. Part IV discusses cases on the horizon and what these technological developments mean for members of the international justice community.
Keywords: Digital Evidence, War Crimes, International Criminal Court, International Criminal Law, International Criminal Investigations
Suggested Citation: Suggested Citation
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Lindsay Freeman (Contact Author)
Human rights center, uc berkeley school of law ( email ).
2224 Piedmont Avenue Berkeley, CA 94702 United States
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Law & society: public law - crime, criminal law, & punishment ejournal, law & society: criminal procedure ejournal, evidence & evidentiary procedure ejournal, international, transnational & comparative criminal law ejournal, criminal law, courts & procedure ejournal, cybersecurity & data privacy law & policy ejournal, law enforcement ejournal, forensic science ejournal, types of offending ejournal, international political economy: globalization ejournal, international institutions: courts ejournal, digital forensics, instruments & software ejournal.
An Overview of the Use of Digital Evidence in International Criminal Courts
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IMAGES
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COMMENTS
PhD Thesis Alleviating the Digital Forensic Backlog: A Methodology for Automated Digital Evidence Processing Xiaoyu Du A thesis submitted in ful lment of the degree of PhD in Computer Science Supervisor: Dr. Mark Scanlon Head of School: Assoc. Prof. Chris Bleakley UCD School of Computer Science College of Science University College Dublin ...
The thesis contributes to filling this knowledge gap with new insight into DF investigation practices, with the main emphasis on how the evidence is analysed and presented. ... Digital evidence is usually perceived as objective, value-neutral and reliable, and is therefore often assigned great value during the investigation and in the court of ...
reliable. This thesis reviews the existing security models and digital forensics, paying particular attention to anti-forensic activity that affects the validity of data collected in the form of digital evidence. This thesis will build on the current models in this field and
Particularly how prosecutors and investigators around the country interact with digital evidence, and with one another, has perhaps never been more germane to a free society's notions of justice. This research, combining two surveys and a set of follow-up interviews, sought to better understand these interactions. 1.1.
PhD Thesis . Digital Forensics Practices: A Road Map for Building Digital Forensics Capability . Ahmed Jasim Almarzooqi . ... digital evidence. However, several research publications confirm that a unified standard for building and managing DF capability does not exit. Therefore, this thesis identifies,
Since digital devices such as computers and networks are used by organisations and digital investigators, malicious programs and risky practices that may contaminate the integrity of digital evidence can lead to loss of evidence. For some reasons, digital investigators face a major challenge in preserving the integrity of digital evidence. Not ...
Abstract. Digital technologies offer great opportunities in every field of life, including in criminal proceedings, where gathering evidence using digital or computer devices is an important ...
Abstract. Digital forensics has become a predominant field in recent times and courts have had to deal with an influx of related cases over the past decade. As computer/cyber related criminal attacks become more predominant in today's technologically driven society the need for and use of, digital evidence in courts has increased. There is ...
In order to address this techno-legal dilemma, the thesis presents a Harmonised Model for Digital Evidence Admissibility Assessment (HM-DEAA), a model that integrates both technical and legal determinants to establish digital evidence admissibility in judicial proceedings. In order to operationalise the HM-DEAA, this research introduces an ...
The topic of the thesis is the cognitive and human factor's influence on the evidential value of digital traces. Digital evidence is of high importance for solving crime.
use of, digital evidence in courts has increased. There is the urgent need to hold perpetrators of such crimes accountable and successfully prosecuting them. The process used to acquire ... considered when dealing with digital evidence. This thesis addresses issues regarding digital forensics frameworks, methods, methodologies
Digital evidence poses particular challenges to the International Criminal Court (ICC). Digital evidence is, generally, information transmitted or stored in a digital format that a party to a case may use at a proceeding.1 Digital evidence may come in the form of photographs, video and audio recordings, e-mails, blogs, and social media.
elements of digital evidence, there has been little research presented on how the police prosecutor evaluate and weigh the different digital evidence. This thesis presents a unique case study which explores how the Norwegian Police Prosecutor evaluates digital evidence in three created complex criminal cases. The fictive criminal cases included
1. Introduction. Criminal investigations and trials have seen a fundamental change in recent years. 1 Given the digitalization of critical societal services and the increased use of digital devices by individuals, - the amount of available data related to human beings and their various actions and interactions has exponentially increased. 2 While these vast amounts of data may cause concerns ...
Digital evidence is the result of scientific methodologies and tools which ensures that " its authenticity and integrity can be validated" ( Casey, 2007; Mocas, 2004 ). Just like any other forensic science, digital forensics must account for tool, methodology and human limitations.
The field of digital forensics is concerned with finding and presenting evidence sourced from digital devices, such as computers and mobile phones. The complexity of such digital evidence is constantly increasing, as is the volume of data which might contain evidence. Current approaches to interpreting and assuring digital evidence rely
The Development of Current Digital Forensics Policies and Federal Legislation Thesis directed by Associate Professor Catalin Grigoras ABSTRACT The last few years have shown a rapid technological development in the digital evidence and cybersecurity industries. This paper discusses the chronology of four recent pieces of federal
In summary, the proposed harmonized model for digital evidence ad- missibility assessment is designed to provide a techno-legal foundation for: (i) determining if digital evidence is admissible; and (ii) determining the weight of digital evidence that has already been admitted subject to further research. 6.
Abstract. As technology develops, new tools are continually being introduced that alter the nature and availability of courtroom evidence. The proliferation, connectivity, and capabilities of camera- embedded and internet-enabled mobile devices, which record far more information about people's activities and communications than ever before, are transforming the way criminal investigators and ...
Summary. As digital evidence becomes more prevalent, it poses challenges to the International Criminal Court. This paper reviews some of the leading international criminal cases involving digital evidence, with a particular focus on the ICC, and identifies four types of evidentiary considerations specific to digital evidence: (1) authentication; (2) hearsay; (3) provenance (chain of custody ...
Digital devices provide information that helps track, interpret and contextualise the actions of individuals involved in criminal activities. The ubiquity of 'digital dust' and trace (Innes et al., 2021) offers both new investigative opportunities and numerous challenges for criminal justice agencies.With 90 per cent of cases in England and Wales now containing a digital element (), fair ...
Consent form The dissertation titled "Digital Evidence and its Character as the Best Evidence Rule in the Law of Evidence in Bangladesh" prepared by Adhora Ema Barua ID- 2018-1-66-028 submitted to Dr. Nabaat Tasnima Mahbub, Assistant Professor, Department of Law for the fulfillment of the requirements of Course 406 (Supervised Dissertation) for LL.B. (Hons.)
Aug 14, 2023. The International Criminal Court (ICC, or the Court) first accepted digital evidence in a legal proceeding in 2013 during the prosecution of Al Faqi Al Mahdi for ordering the destruction of the Timbuktu shrines and mosques in Mali. Since that case, there has been growing discussion of the need for greater inclusion of digital ...
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