Digital forensics investigation jurisprudence: issues of admissibility of digital evidence

Yeboah-Ofori, Abel ORCID: and Brown, Akoto Derick (2020) Digital forensics investigation jurisprudence: issues of admissibility of digital evidence. Journal of Forensic, Legal & Investigative Sciences, 6 (1). pp. 1-8. ISSN 2473-733X

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Digital Forensics investigations represent the science and legal process of investigating cybercrimes and digital media or objects to gather evidence. The digital evidence must prove that it has been used to commit a crime or used to gain unauthorized access. Digital Forensics investigations jurisprudence is the theory and philosophy of the study of law and the principles upon which a law is based. For digital evidence to appear at court and be legally admissible, the evidence must be authentic, accurate, complete, and convincing to the jury. Presenting digital forensic evidence at court has proved to be challenging, due to factors such as inadequate chain of custody, not maintaining legal procedures and inadequate evidential integrity. Following legal procedures in evidence gathering at a digital crime scene is critical for admissibility and prosecution. However, inadequate evidence gathering and maintaining accuracy, authenticity, completeness has prevented many cases to be inadmissible at court. This paper aims to discuss digital forensics investigations jurisprudence and the issues of authentic, accurate, complete, and convincing evidence leading to inadmissibility at court. To achieve the applicability of the study, we highlight the legal and technical factors required to harmonize these issues and how it could be addressed. This paper does not follow any forensic investigations process. Rather, it discusses how digital evidence could be admissible irrespective of the process implemented. The observations and outcomes of these legal criteria will contribute to the improvement of the evolving nature of digital evidence gathering phases.

Item Type: Article
Identifier: 10.24966/flis-733x/100045
Keywords: Cyber jurisprudence, Cyber science, Digital forensics investigations, Digital evidence, Jurisprudence
Subjects: Law and criminal justice > Criminal justice > Forensic science
Computing > Information security
Related URLs:
Depositing User: Dr Abel Yeboah-Ofori
Date Deposited: 18 Jun 2021 12:22
Last Modified: 06 Feb 2024 16:06


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