Computer Forensics and Criminal Justice

Essay by yasser.aliyanUniversity, Bachelor'sA+, July 2007

download word file, 3 pages 4.2

A good and clear understanding of the relationship between the criminal justice system and computer crimes is a key factor in the investigation of those crimes. It is important for the investigator to know how to work his/her investigation within the system and not to overlook an element that might hinder or terminate the investigation. Paying attention to the criminal justice system when, dealing with computer crimes results in success in investigation's procedures.

Once a criminal act is suspected on a computer or via the internet, it should be reported to the Law enforcement agency. Deciding which agency deals with specific type of crimes is not the responsibility of the investigator. It's also important to be persistent, make sure that the proper act is taking place. The importance of reporting to Law Enforcement Agencies in computer crimes arises from the speed of collected and seizure of evidence. In computer crimes, evidence could be lost simply because a computer has been shut down by the suspect or any other person.

If the data was deleted from the computer, further warrants would be needed to retrieve it from the computer which would cost time and effort.

Searching and seizure of evidence in a computer crime requires search warrants. The Fourth Amendment states that a search warrant should not be issued without probable cause. The request should also describe the place and the things that would be searched. In a computer crime, it is difficult to decide on the suspect(s) as more than one person might be using the computer. Also, different types of computer crimes have certain requirements for conviction. For example, child pornography requires obtaining three images for a conviction to take place. This information can not be obtained without a search warrant. In case of probable cause, a search...