Digital forensic gyrates around electronic devises that require frequent monitoring to recuperate and inspect the entire constituents in them. Digital forensic was introduced to help curb the insecurities in the world in the computer devises. Cyber bulling has become a great challenge to most of the people through personification. It has used to provide evidence in courts of law against certain victims (Mozayani, A., & Noziglia, C., 2011). Digital forensic has provided some sought of control in the use of many of the digital devises. The criminals fear that there could be substantial evidence against them if the crime is forwarded to forensic group for investigation. Therefore, they have helped in instilling and promoting the social values in the societies. Digital forensic could at times be a challenge to many organizations due to loss of confidential information.
Two reported cases that have impacted the evidentiary process or analysis in digital forensic cases are discussed as followed. Mapp versus Ohio case is a good example. The police from Cleveland wanted to search the house of the defense. Mapp refused to allow them inside her house since he demanded to see their warrant which they did not show her. The police were citing that Mapp was in possession of prohibited gambling kit. She cited that they infringing on her privacy. The police however, were not to buy anything like infringement of any human rights and would later force themselves into her house. She was jailed and later released (IFIP International Conference on Digital Forensics, Ray, I., & Shenoi, S., 2008). The judges did not rely on the evidence that was got by force. The judges had to decide if the police were acting on good faith or there were just evil hunting her. On the contrary, the police would have involved the department of the digital forensic to conduct the search since; they are the ones who have the skills.
The case was surrounded by several controversies that put the judges in a dilemma. They were not sure of how to pass the judgment facing the prosecuted. The digital forensic played a great role in this case, when they were trying to find material evidence so as to be able to convict Mapp in a court of law. There were several issues surrounding this case. Evidence of the possession of the equipment was not found but she was in possession of pornographic materials that could be used to as substantial evidence to convict her (Mozayani, A., & Noziglia, C., 2011). Conversely, the case could not be sustained in the courts due to issue of police using force to recover the pornographic materials. The judges cited that they were against human rights provided in the fourth amendment that states that no materials should be presented in courts if it was got through irrational searches and attacks.
The possession of any violent equipment is a criminal offence. However, without having enough evidence, she would not be brought to book. The involvement of the digital forensic would be to ascertain whether there was existence of the said equipment so as to scrutinize its contents. Nevertheless, the equipment was not available thus no evidence provided to the judges. The digital forensic department had nothing to present before the court rendering the case invalid. Their work was to be to investigate on the illegal equipment if it was found in her house. The issue before the court was to set Mapp free or convict her. Due to the evidence lapse, they had no other option apart from siding with her appeal and set her free.
The second forensic cases could cited from Daubert versus Merrel Dow Pharmaceutical Inc. the case was to convict Merrel Dow Pharmaceutical Inc. for the manufacturing of drugs that caused defects to the unborn babies if their mother ingested the drugs (IFIP International Conference on Digital Forensics, Ray, I., & Shenoi, S., 2008). The forensic group would come in to ascertain that the drugs they were manufacturing were indeed the ones causing defects on the unborn children. The plaintiff complained the use of the drugs that the company manufactured was not up to standards. They went ahead to sue the company because; there had been several cases of defect children whose mothers had taken the drugs during the gestation period. A research was to be conducted by the scientific bodies to be able to come up with the conclusion. To pass the judgment, the judges were obligated to rely on the research of the scientists. Without the research they would not be able to pass sound judgment concerning the prosecuted party.
However, no evidence was available regarding the drugs as at the time the plaintiff filed the claim. The judges, however, had to wait for some research to be done for them to be fair on all the parties involved. The research from the forensics could have proven otherwise rendering the company free from the criminal conviction. The digital forensic had the task of probing into the material evidence available to hold the company liable for manufacturing of the drugs that were good for health consumption. The computer forensics was the main determinant of the case. The forensic experts, therefore, must possess the required skills and knowledge to be able to carry out the research diligently (Mozayani, A., & Noziglia, C., 2011). No self-interests should be allowed into the research because; it could end up denying justice to the affected parties causing more emotional torture.
The researchers were obligated to incorporate the advanced technology to come up with the best results. The digital forensic come to play when it comes to getting the evidence in relation to the drug from the computers and other devises. The written evidence found in the internet with supporting documents would dictate the judges’ judgment. Several forensic experts could be used to give a platform for comparing the possible results. If there was no sufficient solid evidence to prove the accusation that was found by the digital forensic then, the judges would have no other option to but to suspend the accusations against the Merrel Dow Pharmaceuticals.
The team that consists of the digital forensic should have experts who will put their ethical values first. The alteration of their findings would prove them to be unethical professionals who should be dealt with by the law. The forensic team should be an independent body to keep it away from influences from those in power. The liberty that comes with independent bodies is numerous advantages from the ones being controlled. They become responsible of their own findings and, therefore, anything pointed against them could be used to convict them before a court of law (Mozayani, A., & Noziglia, C., 2011). Nevertheless, the use of the digital forensic has helped in provision of sufficient evident in convicting criminals. The social crimes and computer crimes have reduced drastically. They have contributed positively to the investigative departments by providing them with the expertise needed when investigating on some of the crimes.
REFERENCES:
Mozayani, A., & Noziglia, C. (2011). The forensic laboratory handbook: Procedures and practice. New
York, N.Y: Humana Press.
IFIP International Conference on Digital Forensics, Ray, I., & Shenoi, S. (2008). Advances in digital
forensics IV. New York: Springer.
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