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Digital Forensics Answers
Digital Forensics Answers
The blend into each other, but cyber security involves preventing security breaches from happening,
whil forensics (all three terms are equivalent) means finding out what happened after security has
been breached.
4. What is crime ?
A crime is any act or omission that violates a law which results in a punishment.
Punishments can range from the payment of a fine to incarceration in jail. The level of
the offense or crime will usually be set in proportion to the severity of the crime. For
example, parking in a two hour parking zone for three hours is a crime. The punishment
usually involves the issuance of a ticket and an individual paying a fine. On the other
end, robbing someone at gun point is a much more severe crime that can result in a
lengthy prison sentence. If a statute merely encourages a conduct, but does not provide
a punishment, then a violation is not generally considered a crime, even though you may
be exposed to some type of civil liability. For example, many family codes have general
policy statements that encourage parents to resolve custody disputes in a friendly
manner. If the custody battle turns ugly, a violation of the general policy rule, by itself, is
not a crime because there is not a defined punishment.
The purpose of criminal law is to limit human actions and to guide human conduct. It also provides
punishment/ penalties to those who commits crimes against property or person. There is no crime
if there is no law punishing such unlawful acts.
Since there are various written sources of criminal law, what is the purpose of criminal
law? The purpose of criminal law is twofold: 1. to express public morality and 2. to set or
teach boundaries in society. When individuals violate commonly accepted public morals
or rules established by society, the individual must be punished for their intentional
violation of the law. Criminal law seeks to hold individuals accountable for their criminal
actions by taking some type of legal action against the individual, such as imprisonment
or fines. Both statutory law and common law provide guidance for the legal punishment
of individuals guilty of committing criminal offenses.
Civil law allows resolution of disagreements, including family law and business law problems, as well
as damages and debts.
In civil law, any person (natural or artificial) may bring a case to court; in criminal law, the government
must bring the matter before the court.
In a civil lawsuit, the prevailing party is the one who proves his case by only a preponderance of
evidence (or, in some instances, by clear and convincing evidence). Criminal cases, the prosecutor
must prove, beyond a reasonable doubt, that a crime was committed and that the accused committed
the crime.
In a civil case, no one is jailed for a judgment debt. (One can be jailed for contempt of a court order,
such as violating an order to disclose information to the other party.)
Source(s):
teaching college Government classes for years
Evidence is a piece of information that supports a conclusion. The classic example is from the law
court: means, motive and opportunity. If the defendant had the means to commit the crime (say,
owned a weapon to commit the murder), a motive or rea son why he or she would want to commit the
crime (would inherit $50,000,000 with the victim dead), and the opportunity to commit the crime (was
alone with the victim when he died with the expectation of getting away undetected), and the evidence
(there's that word again) proved the above, then it would be a reasonable conclusion that the defendant
committed the crime. Of course, the court requires more evidence: for example, that the crime was
committed with the weapon (which requires forensic and balli stic evidence), and that the defendant
was the one that used the weapon beyond reasonable doubt. Nonetheless, the point is clear. For a
conclusion to be acceptable as true, there must be evidence to support it.
There are four primary types of evidence: testimonial, documentary, real, and demonstrative.
Testimonial evidence is the form of evidence with which many people are most familiar, involving
testimony in court from someone who has information pertaining to the case. Documentary
evidence takes the form of photographs, video, written documentation, or audio, which is introduced to
allow people to examine the contents of the document. Real evidence is any item related to the crime,
such as a murder weapon, while demonstrative evidence is evidence which is supposed to support or
clarify factual information by demonstrating it. A map of a crime scene, for instance, is
demonstrative evidence.
Under evidence law, in order for evidence to be admissible, it must be relevant, material, and
competent. These rules are designed to rule outevidence which is not related to the
crime, evidence which does not add to the case, or evidence which may be unreliable. The rules
surrounding testimonial evidence can be especially complex, addressing concerns such
as hearsay and circumstantial evidence which sometimes tread on a fine line, according
to evidence law.
There exists four basic categories that criminal law provides; Demonstrative, Experimental, and
Scientific Evidence, Documentary Evidence, Testimonial Evidence and Real Evidence.
Experimental evidence is the kind of evidence that is gotten s a result of experiments performed on
objects got on a criminal scene so as to deduce the background of the criminal or to gather
information on the characteristics of the criminal that could be capitalized on in the court of law.
Scientific evidence is close to experimental evidence. There is the use of chemical tests and other
tests in a bid to prove the presence of a particular person or thing or substance at the criminal
scene and even be able to come up with time estimates. Examples of such tests include the DNA
tests that are performed in criminal cases where the body tissues were involved.
Documentary Evidence
Real Evidence
Real evidence is something tangible that can be seen, touched and felt. The relevant characteristics
of the real thing are the ones that are picked out in order to assist in the proving ofa case or
defending in a case depending on the side the real thing is supposed to benefit. The real thing taken
to court must have been there in the criminal act or it must b every relevant in explaining the
nonexistence or the existence of something in a court of law. Real evidence must be material,
relevant and competent for a sitting judge to allow its use in a trial. The term given to the process
where a member of the counsel in a given case collects real things in a bid to prove something is
referred to as laying a foundation
Goal of forensic examination
Technically the main goal of computer forensics is to identify, collect, preserve, and analyze data in a
way that preserves the integrity of the evidence collected so it can be used effectively in a legal case.
The following five are the necessary basic steps in that order to conduct a computer forensic
examination. Although documentation is listed as the last step, a well-trained examiner should
understand that documentation is continuous throughout the entire examination process.
2. Evidence Assessment
4. Evidence Examination
Digital Evidence
Digital evidence or electronic evidence is any probative information stored or transmitted in digital
form that a party to a court case may use at trial.[1] Before accepting digital evidence a court will
determine if the evidence is relevant, whether it is authentic, if it is hearsay and whether a copy is
acceptable or the original is required.