Legal Bullshit Flashcards
(14 cards)
Name some attributes/challenges affecting digital media
-digital media has no visual form unless displayed on a monitor or screen
-hardware failure, power surges, viruses, malicious access
-intentional and accidental alteration of media
-original media must be preserved; image processing must occur on a reliable copy
Authentication
The process of establishing the video evidence is what is purports to be (accurate to time/date/environment)
Potential solutions for authentication
- Audit trails (documentation of the history of the images from the time they’re received until forensic work is completed)
- WORM memory - write once, read many times - an indelible recording that can only be written once
- Watermarks - active detection technique used to verify image integrity and authentication via digital mark
- Digital signatures - hashing algorithms
- Encryption - process of scrambling the image so it cannot be viewed without encryption key
- Integrity of analyst - the integrity and reputation of the analyst
Federal Rules of Evidence, rule 901
A: to satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is
B: such as:
1. Testimony of a witness with knowledge
2. Comparison by an expert witness or trier of fact
3. Distinctive characteristics
4. Evidence about a process or system
Federal Rules of Evidence, rule 902
Evidence that is self-authenticating:
14: certified data copied from an electronic device, storage medium, or file.
Basically there can be more than one original, if the original has been properly authenticated
Authentication issues
-digitization of analog video
-image clarification and enhancement
-editing
-highlighting segments of the video
-whether video was correctly exported from original source
-timeline video
-intentional manipulation of video images
-authentication of date/time stamps
-absence of date/time stamps
-how date/time stamps are used to determine speed
-technical glitches
-media obtained from social media sites
-evidence missing portions
-direct vs circumstantial proof of authentication
-chain of custody
-nature of evidential burden on party providing video
-admissibility of photos of video monitor
Who can authenticate video evidence?
-photographer
-people present at location where/when video was recorded
-person responsible for CCTV system in business
-supervisor of person above
-technician who exported and processed video
-owner of home/business
-the video itself if it corroborates location
-loss prevention officer not there at time of offense
-attending officer or detective
-forensic video technician
Why is Connecticut v swinton significant?
Ruled that in order to lay a proper foundation for computer evidence, there must be testimony by a person with some degree of computer expertise
Essentially, witness must understand software AND hardware, be able to explain why you use certain programs and how they work
Name issues that may affect image accuracy
-aspect ratio
-compression
-frame rate
-resolution
Purpose of a CV
-Compliance with legally imposed disclosure obligations
-Informs attorneys for all sides, the court, and the jury of expert’s qualifications
-Helps attorney who presents the expert to the court to focus questions
-Helps educate the court and jury on science in question
-Helps expert in recalling qualification details
Contents of a CV
Personal info
Employment history
Education
Previous expert testimony
Instructional experience
Publications
Professional association memberships
Awards or recognition
What purpose does an expert report serve?
Focuses the work of the expert
Documents the methodology and analysis undertaken by the expert
Outlines for counsel what conclusions have been reached
Forms the basis for direct and cross examination
Provides opposing experts with details of the methods, analysis and conclusions
Forms the basis of court mandated disclosure
Assists the expert when giving evidence in court
Contents of an expert report
-Cover page with case name, title, expert name, agency, date of report
Statement of duty (optional)
-Origin of experts involvement and receipt of instructions
-case info given to expert
-exhibits and tangible items given to expert (computers, cells, hard drives, equipment, cars, documents)
-documentation of the scene, if attended by expert
-examination and analysis of exhibits/objects/scenes (most in depth part of the report)
-any further work undertaken by the expert
-results achieved and opinions formed
-disposition of exhibits (what happened to the materials)
-peer review
ACE-VR
Analyze, compare, evaluate, verify, report
