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Digital Evidence In Appeals Of Criminal Cases Before The U.S. Courts Of Appeal: A Review Of Decisions And Examination Of The Legal Landscape From 2016 – 2020, Martin Novak Jan 2022

Digital Evidence In Appeals Of Criminal Cases Before The U.S. Courts Of Appeal: A Review Of Decisions And Examination Of The Legal Landscape From 2016 – 2020, Martin Novak

Journal of Digital Forensics, Security and Law

This study is a follow-up to Digital Evidence in Criminal Cases before the U.S. Courts of Appeal: Trends and Issues for Consideration – 2010 to 2015. The current study examines appeals of criminal cases before the United States Courts of Appeal from January 2016 through August 2020, where one or more appeal claims were related to digital evidence. The purpose of this research was to determine if the legal landscape has changed since 2015; examine the most relevant legal issues related to digital evidence; and analyze how precedential cases may have affected digital forensics as evidence.


A Two-Stage Model For Social Network Investigations In Digital Forensics, Anne David, Sarah Morris, Gareth Appleby-Thomas Aug 2020

A Two-Stage Model For Social Network Investigations In Digital Forensics, Anne David, Sarah Morris, Gareth Appleby-Thomas

Journal of Digital Forensics, Security and Law

This paper proposes a two-stage model for identifying and contextualizing features from artefacts created as a result of social networking activity. This technique can be useful in digital investigations and is based on understanding and the deconstruction of the processes that take place prior to, during and after user activity; this includes corroborating artefacts. Digital Investigations are becoming more complex due to factors such as, the volume of data to be examined; different data formats; a wide range of sources for digital evidence; the volatility of data and the limitations of some of the standard digital forensic tools. This paper …


Digital Evidence In Criminal Cases Before The U.S. Courts Of Appeal: Trends And Issues For Consideration, Martin Novak Apr 2020

Digital Evidence In Criminal Cases Before The U.S. Courts Of Appeal: Trends And Issues For Consideration, Martin Novak

Journal of Digital Forensics, Security and Law

Though the use of computer forensics in criminal investigations has expanded in recent years, there is little empirical evidence about the prevalence of the use of digital evidence in the court system and its impact on prosecution outcomes. This paper was an examination of criminal cases before the United States Courts of Appeal in which legal issues were related to digital evidence. The purpose of this research was to determine the most common legal basis for appeals relating to the introduction or exclusion of digital evidence, the frequency with which cases involving an appeal regarding digital evidence affirmed or reversed …