Describe Digital Evidence Outweighing Physical Evidence (Essay Sample)

The Importance of Digital Evidence
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Introduction
Digital evidence is any form of probative information transmitted or stored in a digitalized manner, and that a party to a court is capable of using the trial. A judicial system determines whether the digital evidence is authentic, relevant, or if the original copy is to be required. For judges and judicial panels to make proper and informed decisions on expert’s testimony and the digital evidence sources, they should be knowledgeable in various communication and information technologies. With digital evidence devices becoming pervasive, the electronic evidence is being of importance in prosecution and investigation of several crimes cases. Due to globalization, the importance of digital evidence is taking control of the criminal justice system in the world.

Digital Evidence outweighing Physical Evidence
Advancement in technology is embracing the use of various digital techniques in evidence presentations to the court’s systems. The judicial systems have been able to trace evidence that it could not have acquired through physical evidence with the help of digital technology. The technological evidence has been made applicable through forensic video analysis, audio enhancement, digital enhancement of latent fingerprints and also, photograph enhancement. These effects are core importance in the court systems as compared to physical evidence that has limited facts for verdict determination (Nir & Griffiths, 2016). When digital evidence has room to add little to the actual original evidence, it is worth effort and time for a digital environment. For instance, there have been several cases that forensic video analysis has displayed differences between unlawful acquittal and vindicated conviction. Moreover, it has been of justice in defendant’s exoneration that could have had been convicted wrongfully.
Moreover, large amounts of digital evidence have been proofed in several cases as being full of credibility and accuracy. Courts have allowed digital evidence under FRE 901 (b) (4) that allows credibility and accuracy with consideration of distinctive characteristics. For instance, the data’s appearance, substance, contents, distinct characteristics or internal patterns. On the case of the U.S vs. Safavian, the judicial system made recognition of emails with consideration of the email’s address that contained a ‘from’ and ‘to’ field. Moreover, they considered other identifiable matters such like, signatures, work involved, professional and personal references. Business is authenticated through corporate identifiers, company logos, and email addresses. The judicial systems verifys accuracy and credibility of digital evidence to be authentic through a confirmation it is produced by the antagonist in the period of document discovery. The actual act of doing the production gives the document authentication (Casey, 2016).
Digital Evidence
Additionally, on a collection of digital evidence types, the norm has recently increased in the judicial system has it allows the use of digital photographs, word processing documents, E-mails, ATM transaction logos and instant message histories. Moreover, it is recognizes files saved from internet browser histories, accounting programs, databases, computer printouts, computer backups and contents in a computer memory.
The process of collecting digital evidence provides a link between the victim and the perpetrator. Before collection of any evidence gathered, collectors must obtain a warrant from the relevant authorities that collect and monitor information that is related to computer intrusion. On the scene, it is secured and with legal authority accreditation where devices are collected. Codes, passwords, and PINs are gathered from those in charge. Moreover, investigators are sometimes forced to seize associated devices like peripherals, cables, chargers and manuals.
The first responders are obliged to take care of the evidence collection procedures to provide protection of the collected data from static electricity, extreme temperature, and moisture. It follows by seizing of mobile phones. All devices are supposed to be turned off with immediate effect by removal of batteries when need be. The turning off for mobile devices helps in preserving call logs and cell tower location. If the devices are allowed to be on, there are chances of the remote destruction commands to be used without the knowledge of the investigators (Laurits, 2016). These is because some mobile phones have automated timers of turning on for updates, a fact that compromise information. Finally, first responders are expected to collect, take photographs and make records of information on screens display. Office equipment’s that possess important information like facsimile machines, copiers, security cameras, scanners and caller ID units must be collected.
On the knowledgeable and skilled collectors, they are supposed to be effective and efficient in using computer forensic evidence. Criminal prosecutors often use the computer evidence in financial fraud, homicides, child pornography, and drug and embezzlement record keeping. Civil litigators use business and personal records that will be on computer system to determine harassment, divorce, fraud and discrimination cases. Law enforcement officials need assistance in post-seizure handling and pre-search warrant preparations of the computer equipment’s. Insurance companies mitigate costs by the use of data available in the collected computers in fraud within accidents, workman compensation and arson cases.
Use of Digital Evidence
Furthermore, for analysis of legal collection, examiners are obliged to conduct three essential tasks for the collected data. The first step is analyzing of the type of digital media at exposure. The second step is using the forensic image to form a forensic archive. The admission of the probative data potential during trial is based often upon designing of the initial forensic image, chain of custody and its digital authenticity successfully (Garfinkel, 2012). The last step becomes exportation of probative digital data that is related to the investigation. Various digital media’s are used in the exportation process for the probative data. They include; zip disk, floppy disk, digital tape and hard drive.
For revision of laws and policies for the court, the digital documents are assumed equivalent to paper based documents. A digital document is regarded to the equivalence of original documents with consideration of the base evidence rule when the output readable or printout has reflection of the data with accuracy. Any individual that decides to produce a digital document as evidence has the obligation of proving its authenticity as provided by the rule. A digital signature is prescribed hereunder, with equivalence to a written signed document. In evidentiary weight of digital evidence, the effectiveness of the communication and information systems of where it is stored and recorded, including but with limitation to the computer and hardware programs and programming errors. In cross examination, an affiant is made to affirm contents of the affidavit openly in court. Videos, audio, photographic evidence of events are provided and are shown, displayed or presented in court and are supposed to be confirmed and explained by the authentic individual that made the recording or an equivalent competent individual (Lund, 2014).
Besides, for credibility of evidence, rule allows evidence to be accredited by an individual or type of witness with personal knowledge on the item to be used in court as evidence. Experts are allowed to make comparison on the evidence to the original specimen to determine if it is what the proponent claims. The digital evidence is allowed to be authenticated by distinct circumstances or characteristics, for instance, substance, appearance, contents or internal patterns. The evidence producing process requires someone with technical, scientific or even specialized knowledge to make explanations of how digital evidence can be reliable and accurate.
Importance of Accuracy
To emphasize, in collection and analysis, manual techniques are applied by the use of standardized input methods that are in-built to devices like keyboards and touch screens for access to information through a standard interface. The level of a process is comparable to the use of DOS prompt in controlling a computer as compared to a modern operating system.
Furthermore, for presentation to the court, digital techniques have given room to the court to acquire much more i...