Logo image
Validating digital evidence for legal argument
Conference paper   Open access

Validating digital evidence for legal argument

R. Boddington, V.J. Hobbs and G. Mann
Security Research Centre, Edith Cowan University
6th Australian Digital Forensics Conference (Perth, 01/12/2008–03/12/2008)
2008
pdf
Validating_digital_evidence_for_legal_argument.pdfDownloadView
Published (Version of Record) Open Access
url
Conference WebsiteView

Abstract

Digital evidence is now common in legal cases, but the understanding of the legal fraternity as to how far conventional ideas of evidence can be extended into the digital domain lags behind. Evidence determines the truth of an issue but its weight is subject to examination and verification through existing forms of legal argument. There is a need for a practical ‘roadmap’ that can guide the legal practitioner in identifying digital evidence relevant to support a case and in assessing its weight. A vital, but sometimes under estimated stage is that of validating the evidence before evaluating its weight. In this paper we describe a process by which the validation of relevant evidence required for legal argument can be facilitated, by an interrogative approach that ensures the chain of reasoning is sustained.

Details

Metrics

2035 File views/ downloads
130 Record Views
Logo image