Producing Evidence for Court

In a civil matter, a civil lawyer may potentially be added to the investigation team to assist in obtaining court orders, restraining the suspect from using the data unlawfully obtained, obtaining computer evidence, or freezing bank accounts and assets of the suspect. All matters of evidence will be...

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Bibliographische Detailangaben
1. Verfasser: Edwards, Graeme
Format: Buchkapitel
Sprache:eng
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Zusammenfassung:In a civil matter, a civil lawyer may potentially be added to the investigation team to assist in obtaining court orders, restraining the suspect from using the data unlawfully obtained, obtaining computer evidence, or freezing bank accounts and assets of the suspect. All matters of evidence will be decided by investigators' local jurisdiction(s) and rules of evidence are decided with local legislation and judicial rulings. Examples of considerations when placing evidence before the court with very brief non‐legal descriptions are as follows: relevant, authentic, not hearsay or admissible hearsay, best evidence, and not unduly prejudicial. The courts have ruled upon matters involving technology and digital evidence over many years and investigators' jurisdictions will have plenty of legal precedents providing guidance. The investigation may provide very strong evidence to identify the offender, their methodologies, and their motivations for committing a cybercrime.
DOI:10.1002/9781119596318.ch18