Digital Evidence Admissibility - Free Essay Example

Sample details Pages: 9 Words: 2551 Downloads: 4 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Did you like this example? Law Examination Q3: Outline and discuss the factors which will determine the admissibility of computer-generated or computer stored evidence Answers: Admissible Evidence Before determine the admissibility of the computer-generated or computer stored evidence, we should know an evidence of what conditions are needed to meet is an admissible evidence. Gerald and Kathleen Hillgave us a definition of admissible evidence: à ¢Ã¢â€š ¬Ã‚  evidence which the trial judge finds is useful in helping the trier of fact (a jury if there is a jury, otherwise the judge), and which cannot be objected to on the basis that it is irrelevant, immaterial, or violates the rules against hearsay and other objections. Sometimes the evidence which a person tries to introduce has little relevant value (usually called probative value) in determining some fact, or prejudice from the jurys shock at gory details may outweigh that probative value. Don’t waste time! Our writers will create an original "Digital Evidence Admissibility" essay for you Create order In criminal cases the courts tend to be more restrictive on letting the jury hear such details for fear they will result in undue prejudice. Thus, the jury may only hear a sanitized version of the facts in prosecutions involving violence.à ¢Ã¢â€š ¬Ã‚  So as the Gerald and Kathleen Hill said all of the evidence must be related the case and must be competent. This kind of evidence will have the admissibility. In the definition of the admissible evidence, they did not mention the format of the evidence. That means the admissibility of computer-generated and computer stored evidence should be considered if the digital evidence is related the case and the digital evidence with high reliability. In the other word if the evidence has probative value, the evidence will have admissibility. In todays information age the number of computer-related crime increased very fast we cannot deny the probative value of digital evidence. Because computer-generated or computer stored evidence h ave probative value. So this kind of evidence can be describe as ordinary evidence, and ordinary rules of evidence can be applied on digital evidence. The factors which will determine the admissibility of digital evidence According to the Federal Rules of Evidence Rule 402, relevant evidence is admissible. So the factor of determine the admissibility of digital evidence is whether the evidence relevant or not. But it is not enough to determine the admissibility of computer-generated or computer stored evidence because computer-generated or computer stored evidence has his own unique nature. à ¢Ã¢â€š ¬Ã…“The unique nature of digital evidence, as well as the ease with which it can be manipulated or falsified, creates hurdles to admissibility not faced with other evidence.à ¢Ã¢â€š ¬Ã‚  Hon. Alan Pendleton said. So in many computer-related cases the admissibility of computer-generated or computer stored evidence was always called into question. When the admissibil ity if computer-generated or computer stored evidence was called into question the court should use the analytical framework to analysis the admissibility of the digital evidence. Pursuant to Minnesota Judicial Training Update 13-11 the analytical framework should be the four step à ¢Ã¢â€š ¬Ã…“STEP 1: EXHIBIT MUST BE à ¢Ã¢â€š ¬Ã…“AUTHENTICATED OR IDENTIFIEDà ¢Ã¢â€š ¬Ã‚  STEP 2: DOES EXHIBIT CONSITUTE à ¢Ã¢â€š ¬Ã…“HEARSAY OR NON-HEARSAYà ¢Ã¢â€š ¬Ã‚  STEP 3: MUST BE à ¢Ã¢â€š ¬Ã…“RELEVANTà ¢Ã¢â€š ¬Ã‚  AND NOT à ¢Ã¢â€š ¬Ã…“UNFAIRLY PREJUDICIALà ¢Ã¢â€š ¬Ã‚  STEP 4: MUST NOT CONSTITUTE à ¢Ã¢â€š ¬Ã…“PRIVILEGEDà ¢Ã¢â€š ¬Ã‚  COMMUNICATIONà ¢Ã¢â€š ¬Ã‚  Although this four-step are used to verify admissibility of general evidence, these four-step can also be used to determine the admissibility of computer-generated or computer stored evidence. Because computer-generated or computer stored evidence is a part of the evidence. Authenticated or identi fied Authenticated means the third party will provide a lot of evidence to prove the finding digital evidence in question is what the provider said it to be. à ¢Ã¢â€š ¬Ã…“The most common method of authentication is the use of testimony by a witness with knowledge that the exhibit is what it claims to be. Minn. R. Evid. 9.01(b)(2). And in the Minn. R. Evid 9.01 list other 9 methods. But there are two types of authentication of digital evidence one is self-authenticating the other one is not self-authenticating. Pursuant to Minn. R. Evid. 9.02(5) information that from government website is self-authenticating. On the other hand private website are not self-authenticating. In the Mini. R. Evid it just mentioned what kind of web site information is self-authenticating what kind of web site information is not self-authenticating. But in another word government website that means public information, private website that means private information. So we can summarized as follow s: Public evidence is self-authenticating, and private information is not self-authenticating. So computer-generated or computer stored evidence should be divided into two situations, one is self-authenticating one is not self-authenticating. In certain circumstances computer-generated data is constant. For example the size of the hard disk. We can believe this kind of computer-generated data is self-authenticating data. But in most situation computer-generated or computer stored evidence requires authentication. For example computer-generated material is generated by computer itself such as the size of the file, last modify time of the file, last access time of the file and so on. Pursuant to Minn. R. Evid(b)(9) the process of authentication is two-fold à ¢Ã¢â€š ¬Ã…“(1) A description of the system or process to produce a particular result, and (2) Evidence showing that the process or system produces an accurate result. à ¢Ã¢â€š ¬Ã‚  However, because the unique n ature of digital evidence can be manipulated or falsified the questions of reliability of the digital evidence are often hotly disputed, the requirement to à ¢Ã¢â€š ¬Ã…“authenticateà ¢Ã¢â€š ¬Ã‚  is usually the most difficult to overcome. Hearsay or Non-hearsay (The computer has first-hand information) Hearsay rule is a very important rule in rules of evidence. According to this rule only the testimony of the person who knows the fact that can be accept. Because only this kind of person can be at the trial. If this rule is applied to the document evidence that will means if the document writer cannot testify for the document, the document cannot be an evidence. For the computer-generated or computer stored evidence, the evidence writer is computer itself and people cannot interrogate computer, so the computer-generated or computer stored evidence will not be accepted. This is obviously unreasonable so the legislature add another rule in the hearsay rule for computer-related evidence. That is à ¢Ã¢â€š ¬Ã…“first hand hearsay generally admissible in civil casesà ¢Ã¢â€š ¬Ã‚  theCivil Evidence Act 1968. In another word people who have first-hand information produce the document, this document has admissibility, even if the people do not appear in court. According to this rule the computer-generated or computer stored evidence has admissibility if we can prove this computer has the first-hand information. So the one factor which will determine the admissibility of computer-generated or computer stored evidence is determining the first-hand information stored inside on this computer or generated by this computer. Must be à ¢Ã¢â€š ¬Ã…“Relevantà ¢Ã¢â€š ¬Ã‚  and not à ¢Ã¢â€š ¬Ã…“unfairly prejudicialà ¢Ã¢â€š ¬Ã‚  As I mentioned before according to the Federal Rules of Evidence Rule 402, relevant evidence is admissible. So the first step to determine the admissibility of computer-generated or computer stored evidence is prove that there is a logical relationship between the evidence and the case. There is a simple example to understand the relevance, when kidnapping case happened, the investigator find there is a threatening e-mail in the mailbox of the family of the victims. The threatening e-mail is clearly associated with the cases. This kind of computer evidence is admissible. If the investigator find some photos of victimsà ¢Ã¢â€š ¬Ã¢â€ž ¢ family, the photos and the case has no relevance. So this kind of evidence is not admissible. In Minn. R. Evid. 401 another rule of relevant evidence is as follows: à ¢Ã¢â€š ¬Ã…“Relevant evidence means evidence having any tendency to make the existence of a fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.à ¢Ã¢â€š ¬Ã‚  So even if relevant, evidence may be unfairly prejudicial. And this kind of evidence is not admissible. This rule also applies in the computer evidence, à ¢Ã¢â€š ¬Ã…“if the computer-generated or computer stored evidenceà ¢Ã¢â€š ¬Ã‹Å"s probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time or needless presentation of cumulative evidence.à ¢Ã¢â€š ¬Ã‚  This kind of evidence is unfairly prejudicial. So another factor which will determine the admissibility of computer-generated or computer stored evidence is check the evidence if it is unfairly prejudicial. Must not constitute à ¢Ã¢â€š ¬Ã…“Privilegedà ¢Ã¢â€š ¬Ã‚  communication M.S. 595.02, subdivision. 1 competency of witnesses, identifies various communications. For example à ¢Ã¢â€š ¬Ã…“a husband cannot be examined for or against his wife without her consent, nor a wife for or against her husband without his consent, nor can either, during the marriage or afterwards, without the consent of the other, be examined as to any communication made by one to the other during the marriage.à ¢Ã¢â€š ¬Ã‚  And M.S 595.02 also provide some other communications like communications between attorney and client, communication between doctor and patient and so on. Because of this factor à ¢Ã¢â€š ¬Ã…“Must not constitute à ¢Ã¢â€š ¬Ã…“Privilegedà ¢Ã¢â€š ¬Ã‚  communicationà ¢Ã¢â€š ¬Ã‚ , when we try to determine the admissibility of computer-generated or computer stored evidence we should check if the evidence against this rule. For example litigation between husband and wife, the husband get the digital evidence came from his wifeà ¢Ã¢â€š ¬Ã¢â€ž ¢s co mputer (computer-generated or computer stored evidence) without his wifeà ¢Ã¢â€š ¬Ã¢â€ž ¢s consent. This kind of evidence is not admissible. But TJ McIntyre said à ¢Ã¢â€š ¬Ã…“Particularly in family law cases it can be very easy for a litigant to (illegally) access the laptop, webmail or other electronic information of the other side to collect ammunition for use at trial. This presents interesting legal issues as to when such evidence will be admissible, despite the way in which it was obtained.à ¢Ã¢â€š ¬Ã‚  According to the Federal Rules of Evidence Rule 402, relevant evidence is admissible. Obviously the evidence is relevance. But on the basis that it was obtained illegally and in breach of the constitutional right to privacy of the respondent. Problem of determine the admissibility of computer evidence Now the factors which will determine the admissibility of computer-generated or computer stored evidence are à ¢Ã¢â€š ¬Ã…“Exhibit must be à ¢Ã¢â€š ¬Ã‹Å"aut henticated or identifiedà ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã‚  , à ¢Ã¢â€š ¬Ã…“does exhibit constitute à ¢Ã¢â€š ¬Ã‹Å"hearsay or non-hearsayà ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã‚  ,à ¢Ã¢â€š ¬Ã…“ the evidence must be à ¢Ã¢â€š ¬Ã‹Å"relevantà ¢Ã¢â€š ¬Ã¢â€ž ¢ and not à ¢Ã¢â€š ¬Ã‹Å"unfairly prejudicialà ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã‚ , and à ¢Ã¢â€š ¬Ã…“the evidence must not constitute à ¢Ã¢â€š ¬Ã¢â€ž ¢privilegedà ¢Ã¢â€š ¬Ã¢â€ž ¢ communicationà ¢Ã¢â€š ¬Ã‚ . The court can according to evidence provided to determine the evidence is relevant or not. The court has formulated a rule against the hearsay rule, protect the probative of computer evidence. But now in the computer-relate evidence area still have big problems of à ¢Ã¢â€š ¬Ã…“authenticationà ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“privilegedà ¢Ã¢â€š ¬Ã‚ . Authentication Computer-generated or computer stored evidence can be easily modified, destroyed, deleted, and transferred. The reliability of computer evidence always be called into question. à ¢Ã¢â€š ¬Ã…“privilegedà ¢Ã¢â€š ¬Ã‚  communication As TJ McIntyre saidbefore à ¢Ã¢â€š ¬Ã…“Particularly in family law cases it can be very easy for a litigant to (illegally) access the laptop, webmail or other electronic information of the other side to collect ammunition for use at trial. This presents interesting legal issues as to when such evidence will be admissible, despite the way in which it was obtained.à ¢Ã¢â€š ¬Ã‚  If this kind of evidence is admissible. That means legal encourage people to illegally obtain private information of others. Conclusion Now the authentication of electronic evidence issues to be resolved slowly. So many digital forensics tools be built to do investigation. And now we just need a standard format to describe the digital evidence, use the software to test the difference between the original data and digital evidence and then got the reliability of the evidence. But this method based on the good preservation of the original data. If the original data be changed or destroyed we need a mor e underlying technology to find out the trace of changes. Use the trace of changes as an evidence. About the privileged communication problem. We cannot deny the probative of the computer evidence that has been find. We cannot ignoring some evidence especially the evidence can prove the facts of the crime. But we do not allow someone to use the illegal way to obtain evidence. Because this kind of action violate the personal privacy. Under the premise of not denying the admissibility of digital evidence obtained illegally, we should give the one who obtain the evidence illegally penalties according to law and admit the admissibility of the digital evidence. Q4: What challenges does the growth of electronic discovery present for legal systems? A long time ago, people use paper to create, transmit and storage information. But in the information age the creation, transmission, storage of digital information has generated an exponential increase in number of electronic informati on records. For example people can communicate with each by email, messages, and cellphone it will produce a lot digital information, as a result, the volume of electronically stored information (à ¢Ã¢â€š ¬Ã…“ESIà ¢Ã¢â€š ¬Ã‚ ) has increased exponentially over the last decade that are potentially relevant to a legal dispute. The electronic discovery develop very fast. But electronic discovery laws in various countries are still behind. The rapid development of electronic bring a lot of challenges to legal systems. Cost A large amount of information produced by people frequently is costly and time-consuming to identify, preserve and produce what can often amount to thousands or even millions of electronic records. Moreover, the traditional adversarial approach to civil discovery only tends to foster additional delay and motion practice where electronically stored information (à ¢Ã¢â€š ¬Ã…“ESIà ¢Ã¢â€š ¬Ã‚ ) is concerned, further contributing to excessive litigation c osts. As mentioned above a large amount of information produced by people. If we do the electronic discovery a lot of information should be discovered, it will cost a lot of money. And electronically stored information (à ¢Ã¢â€š ¬Ã…“ESIà ¢Ã¢â€š ¬Ã‚ ) is different from paper document, it often changes over time. Because of the rapid development of the information technology. Many digital information update automatically, they can be overwritten, and transmitted. If do the electronic discovery the high costs and burdens of conducting e-discovery are driven not only by the sheer volume of available ESI, but by its wide dispersal and complexity. For example, e-mail accumulates in prodigious quantities, in part because it can be shared, forwarded, and replicated among many different users. Similarly, a specific electronic document can reside in multiple locations: a hard drive, network server, laptop, blackberry, disaster recovery backup media, etc. In addition, ESI is much more difficult to dispose of than paper records. A shredded paper document is virtually irretrievable, but a deleted computer file can sometimes be recovered, albeit with some difficulty, through forensic methods. The digital revolution also has created new types of evidence not previously presented in litigation, including E-Z pass records, ATM records, and smart cards with embedded data such as Metro cards. We can conclude that the procedures of electronic discovery are on the basis of costs and burdens. ESI costs arise for three reasons: The volume of data can dwarf anything in hard copy. 2Information can be in different media, with costs involved in furnishing it in an accessible form. 3Independent technological assistance may be required. Rules of Order 31 attempt to limit expenses and introduce parity between the parties and take saving costs into consideration. The aim of the new rules is to share the burden of producing in bulk, documents which may or may not be necessary. Sometimes a third party may be appointed by the courts to identify the relevant, in this case, the cost is initially borne by the applicant, but is recoverable as costs in the cause. In my point, its better if the law require parties to share the expenses with reasonable reasons. However, its the duty of the applicant to undertake extra costs if the applicant makes extra requirements on electronic discovery.

Book Report On Manga Fruit Basket - 1285 Words

I cried halfway throughout the story, not knowing what to expect for an ending. This is how I felt when reading the Manga Fruit Basket, a story about a young orphan girl who meets a family that is cursed by the Chinese zodiac. Overall this was a good manga; however, it may different for someone starting out to read Manga. There could have been some changes to create a better atmosphere for the readers and the Manga itself. Some changes that could have been made in the manga, are the type of drawing style they use, the way they finished it and the number of simulations it has with the Anime Manga’s are Japanese comic books; however, the big difference between manga and comic books is that comic books are colored while manga tends not to be.†¦show more content†¦After reading other mangas, they may think back and agree the type of drawing can make a difference. After reading Naruto, Black Butler, Detective Conan, and Skip Beat, these mangas made me appreciated on the type of drawing Fruit Basket used. This is more of a recommendation for readers, read other type of manga before reading Fruit Basket. The drawings are nice enough for the manga; however, if you don’t understand the reason throughout the drawing, the plot may seem more confusing. Especially when some of the characters may look way too similar to each other. In this manga, the first time I was getting confused on who was who, especially when adding their zodiac character. After becoming accustomed to manga for 3 years, I was able to come back and reread the manga and have no confusion. Tohru Honda is the young orphan girl who meets Yuki, Kyo, and Shigure Sohma. This is where all their lives change and Tohru finds about the curse of the Sohma turning into the zodiac animals when weak or hugged by the opposite sex. The beginning is great, it caught my attention throughout the whole story, however, as the last chapter was coming closer it felt as though the story was finished in a hurry. My face was full of confusion and questions were rising when I completed the manga. The story starts off with Tohru wanting to help the Sohma family to find a way to break the curse, in the end, she succeeds. â€Å"How?† Is my question. they made it soShow MoreRelatedAutobilography of Zlatan Ibrahimovic116934 Words   |  468 PagesI AM ZLATAN By Zlatan Ibrahimovic as told to David Lagercrantz --------------------------------------------------------------------------- This book is dedicated to my family and friends, to those who have stood by my side, on good days and bad. I also want to dedicate it to all the kids out there, those who feel different and don t fit in. Those who are seen for the wrong reasons. It s OK to be different. Continue being yourself. It worked out for me. ---------------------------------------------------------------------------

Data Findings And Analysis

Question: Explore the question for the survey. Answer: Introduction In this particular section, the questionnaire for the survey is designed. The questions are designed considering the sample size, which includes 50 students of Jordan and 10 parents. The questionnaire is prepared based on the demography, culture and economy of the country. In addition, the questionnaire includes both close-ended and open-ended questions. Quantitative questions What is your age? 15-20 years 20-25 years Above 25 years What is your gender? Male Female How far are you satisfied with the educational system of Jordan? Satisfied Highly Satisfied Neutral Dissatisfied Highly Dissatisfied How far do you agree that Jordons education system is effective for offering higher education? Strongly agree Agree Neutral Disagree Strongly disagree How far do you agree Jordons economy influences the education system of the country? Strongly agree Agree Neutral Disagree Strongly disagree How far do you agree countrys culture is supportive enough to pursue higher education? Strongly agree Agree Neutral Strongly Disagree Disagree How far do you agree that traditional education system affects the quality of education of the country? Strongly agree Agree Neutral Strongly Disagree Disagree How far do you agree assistance from parents immensely help to pursue higher education? Strongly agree Agree Neutral Strongly Disagree Disagree How far do you agree young people need at least secondary education to gain skills for work in Jordan? Strongly agree Agree Neutral Strongly Disagree Disagree How far do you agree that traditional culture of Jordan is the reason behind the high unemployment rate of women? Strongly agree Agree Neutral Strongly Disagree Disagree What are the problem do you face while pursuing higher education? Countrys poor governance Uncertain economy Poor technology Howe far do you agree that unfavorable political environment affects the current education process? Strongly agree Agree Neutral Strongly Disagree Disagree Qualitative Questions What are the factors that largely influence the education system of the country? How do the laws and regulations concerning education influence the system? How does the traditional educational system affect the quality of education in Jordan? What are the factors that influence the students in not receiving secondary education? How does the traditional culture of Jordan affect the education process? Despite having higher education, why is the rate of unemployment of females comparatively low? How does countrys economy influence the educational system of the country? What actions can be implemented to improve the educational systems of the country?

Thomas Eliot Essays - Christian Poetry, Chapbooks,

Thomas Eliot T.S. Eliot was a very influential pessimist, always and constantly thriving on his hatred of little things and his love life. Eliot was born in St. Louis Missouri - 1888 ad. His parents were both writers and loved the arts, most effectively passing on the genes to their son. While growing up he learned many things, his parents were extremely social and intellectual and they pushed him to achieve the highest of statuses. He went to college at Harvard University and then moved to London to go to Oxford. He then became a citizen of England in 1915. While in England Eliot held many jobs to keep the payments on his 5th floor English apartment and his college tuition. Eliot quickly became popular with Britain and was known as a great poet and a literal critic. Eliot is best known for two of his works: The Waste Land (1922) and The Love Song of J. Alfred Prufrock (1915). Actually the Love song is the beginning of the Waste Land. The Waste Land is in 5 parts, so it is more of a story in poetical form. In the Love Song, Eliot actually sounds a bit like a optimist, quite frankly though his own"waste land"steps in half way through. This is his only poetic work I like. But it will never be at the top of any of my lists. In this "song" , JAP (J. Alfred Prufrock) is writing a letter to his honey, the girl he is in love with. In this poem Eliot uses a lot of visual imagery, he is very good with his adjectives and brings such a happy correlation of thought into a grim reality he would call his "Waste Land". He talks of how : In the room the women come and go Talking of Michelangelo. - TLSJAP stanza 13 and 14 It has been my thought that this may signify his "type". Eliot, again was an intellectual and then so he would most likely hang out where the smart people were and get away from: Of restless nights in one-night cheap hotels And sawdust restaurant with oyster-shells: Streets that follow like a tedious argument Of insidious intent. - stanzas 6-9 He actually gives the evidence to where he found his women, and how he likes to stroll through the outdoors and ending up in places of eloquence, and "High Society". Even though he had a medium amount of money. He was still accepted in places for lower pay because of his high intelligence and the intelligence of his women. People enjoyed his company. He goes on talking about how there will always be time for us referring to the love that which he shares for her, and that there will always be time for things, but letting each other look at the joy as present and the escape from his "Waste Land". He goes on in stanza 37 - 48 telling how they would grow old together, while still with the people that surround them that they love so dearly. He then tells of how he "knows" things and how life always goes (evidence of realism) in stanzas 49 - 54. Now here you can start to sense his pessimistic side shed a bit, talking of the: To spit out all the butt-ends of my days and ways, And how should I presume? Stanza 60 & 61 Of course I guess you could take that as a repentance line but, I don't think so, lets go on. From stanzas 70 - 86 it shows what I think is his deep side and talking as if he were actually a Realist which he probably was, at least to me. He humbles himself a great deal , which is good , but talks of how things slowly fade , referring a lot to his baldness and how age takes a toll on relationships. This is my favorite part of the poem, because he brings you into his soul, not just letting you taste the action . I feel that this is how he lived life. Always leaving people to taste the good stuff around him but behind his eyes ly his brain and behind his brain his heart and when his company least expected it, "I could see him waving his hands and saying", "Come all! Come! Come!...come and feel my pain...come and pity me...come and think I am humble.....even though I don't care much of any of you." That is the picture I