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Importance of Expert Witnesses in Computer-Related Crimes

By: Jill Newtran


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Such illegal offences assume many forms. Hackers either use one computer to damage many targeted computers. Or some criminals use the internet to promote pornography and gambling. Other white-collared offenders steal sensitive information and misuse it for personal gains. Alternately, they might indulge in the theft of credit card details, bank account numbers and passwords or data theft and transfer.

Usage of computers is widespread and they have virtually created paperless offices. Any computer-aided crime thus has a widespread impact. Many criminals also leave proof of their activities on the computers. After committing the crime, they delete the information secure in the knowledge that evidential proof has been erased. Recovery of such deleted files leads to their incriminatory arrest.

All types of computer-related crimes are covered by the legal system of UK like data theft, violence, propagation of hate material, pornography, forgery, etc. Criminals are increasingly accessing computers for the convenience of usage it provides. But committing a digital crime is always easy and erasing the proof is rarely possible.

Expert witnesses play a very important role in such a scenario. They gather evidence and help apprehend terrorists, criminals and other serious law offenders.

How can an Expert Witness be Effective?

An expert witness can testify effectively only by carrying out investigations in a professional manner. Testimony should be based on a firsthand knowledge of the investigative procedure and its findings. The witness should never testify on mere guesswork or hearsay knowledge.

Technical knowledge was once implicitly accepted in the court room. However, increasing awareness levels has led to a growth in knowledge. Computer crime witnesses are expected to defend their findings. Even the validity of the tools and techniques they use are subjected to cross-examination.

Collecting evidence is a science and work has to be carried out in a systematic manner.

  • Computer forensic investigation must strictly adhere to the guidelines given by the Association of Chief Police Officers (ACPO).
  • Evidence must be well-preserved.
  • All the steps taken during the gathering of the evidence must be properly documented. The time and date settings of the file are very important.
  • It is quite possible to have stolen or missing data on computer hard disks. The size, make and model of the hard disk should be documented.
  • Work should never be carried out on the original.
  • Every procedure should be clearly restated. Otherwise the evidence is not valid.
  • Shortcut method should never be resorted to. In fact, conclusions should be arrived at after repetitive investigation.
  • The expert witness must be well-qualified.
  • Computer systems and the tools used for gathering evidence must be technologically advanced.

Importance of the Witness in Computer-Related Crime

The role played by the expert witness is crucial. The judge and the jury are non-technical people.

After gathering the evidence, the witness explicitly explains the complicated technical issues in an easily understandable manner. Explanation is followed by presentation of evidential reports. The jury arrives at a decision upon understanding the exact implications of the case after it is explained by the expert witness.

In some cases the expert witnesses do not directly testify. They help the solicitor solve the case.

In short, expert witnesses play an educative role. Their testimony helps determine whether the accused is innocent or guilty. Often the expert witness does not have any personal knowledge about the actual case. Testimony solely rests on evidence deciphered using subject knowledge. When the vindication or otherwise of a computer criminal is based on the testimony of the expert witness, only perfect proof will be accepted in the court room.

Computer-related crimes are greatly increasing in number. Criminals either commit crime using a computer or leave plenty of evidence on the computers. Electronic evidence is hard to obliterate. The people dispensing justice lack the requisite technical knowledge.

In such a situation, the evidence garnered and testimony delivered by the expert witness assume great importance. They play the crucial role of preventing victimisation of innocents.

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James Walsh is a freelance writer and copy editor. For more information about using Computer Forensics see www.fieldsassociates.co.uk



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