Digital Evidence and Criminal Justice
Over the last decade, law enforcement officers have had to familiarize themselves with digital evidence and its impact in the criminal justice system. Major developments in technology have necessitated the need to get training on how digital evidence should be handled from the crime scene to the delivery of the judgement. Several case laws have addressed the lawful nature of digital evidence and parameters have been put in place to streamline forensic evidence laws. Moreover, it is beneficial to get acquainted with digital forensic best practices and their application in the criminal justice system.
Digital evidence has been placed under scrutiny in the past due to seizure of items by the authorities. The case of Riley v California highlighted the need for a warrant before contents of a telephone are examined (IACP Cyber Centre). The US Supreme Court stressed this point in the case of United States v Wurie (Goodison, Davis and Jackson 2015). The fact that most first responding officers do not know how to handle cell phones as evidence, and preserve the chain of custody until they are presented in court was regrettable. The Riley case denotes that the rules for searching digital evidence are different from the rules that are applied to searching physical evidence (Goodison, Davis and Jackson 2015). The rules are applied differently to digital and physical evidence.
The US Supreme Court affirmed that it is vital to understand the digital evidence practices, for instance, the need for a warrant before examining contents of a telephone. The reason is that there have been many instances where wrong information was delivered in court, thereby lengthening the court process. Court officials and police officers should receive extensive training on the development of technology and its effects on the judicial system. They should also be taught how to handle digital evidence once it appears in court and its subsequent storage.
References
Goodison, S. E., Davis, R. C., & Jackson, B. A. (2015). Digital evidence and the US criminal justice system: identifying technology and other needs to more effectively acquire and utilize digital evidence.
IACP Cyber Centre. Understanding Digital Evidence. Retrieved from https://www.iacpcybercenter.org/investigators/digital-evidence/understanding-digital- evidence/