The process of computer forensics is thus quite complex and involves various activities. The up most care must be taken that the evidence is not altered or tampered with in anyway. The role of any investigator is therefore crucial and any mistake on their part may put the whole investigation in jeopardy. To counter this problem the forensic investigator or investigators must follow the basic guidelines and rules suggested by the ACPO (Association of Police Officers) and the NIST (National Institute of Technology). Next in computer forensics investigation is the importance of preservation of evidence is also an important task.
Courtroom Discretion Q&A Response Misty Moore, Victoria Hardin and Elizabeth Ortiz CJA/224 September 19, 2011 Rick Rice Courtroom Discretion Q&A Response What is prosecutorial discretion? When a crime happens evidence is gathered, witnesses are found and a case file is established all the information. Due to an overabundance of case files, prosecutors review each file and which will be brought to trial. When there is enough evidence to convince the prosecutor the person suspected of committing the crime is guilty without a reasonable doubt, he or she will pursue the case to trial. Many decisions pertaining to a case going to trial and how actively they pursue the case are left up to prosecutors and how they view the evidence and what the evidence means to them.
According to “Merriam-Webster” (2011), “research is a studious inquiry or examination; especially: investigation or experimentation aimed at the discovery and interpretation of facts, revision of accepted theories or laws in the light of new facts, or practical application of such new or revised theories or laws.” The research process is flexible, involving different steps that work best together. Research requires a clear process to ensure that the research can be replicated and the outcome has verifiable results. The research process in criminology or criminal justice will help the individual in the following areas: • Help him or her gain proficiency in crime, criminology, and justice. • Understand the human experience and function of diversity in the study of criminal justice. • Help him or her develop skills in analysis, critical thinking, and synthesis of informational sources about criminal and social justice, and research.
Feldman (2009), eye witness and victims are sometimes better able to recall the details of a crime when hypnotized. Eye witness testimony can make a deep impression on a jurrry, which is often exclusively assigned the role of sorting our credibility issues and making judgments about the truth of witness statements. Fisher(1999), argues that arriving at a just result and a correct determination of truth is difficult enough without added possibility that witness themselves give. Tversky (1999), also pointed out that witnesses are a powerful impact on juries. Basing on the above elucidation, one may deduce that eye witness testimony plays a fundamental role in the legal system.
This paper will discuss that topic along with if it is a conflict between the code of ethics and how law enforcement is conducted. This paper will also discuss the role physical behavior and nonverbal communication play in detecting deception. According to Skolnick and Leo (1993) the typology of interrogatory deception discusses interview versus interrogation, Miranda warning, misrepresentation of the nature or seriousness of the offense, role playing, misrepresentation of the moral seriousness of the offense, the use of promises, the misrepresentation of identity, and fabricated evidence. Police rely on deception when it comes to interrogation and at times it is the only way to find the truth. The police used severe beating and torture for years to obtain a confession out of a suspect and this type of activity was known as the “third degree” but now that times have changed mainly because of the Miranda warning, what is used most is deception.
Interviews and Interrogations Policy Paper Name SEC/360 Date Instructor In the security and law enforcement industry, interviews and interrogations are a way that officers can gathers facts and information about a situation, incident, or case. For security and law enforcement officers interviews and interrogations play a key role in building and solving cases. This paper will discuss the comparison and contrast between security interviews and security interrogations, the legal issues associated with security interviews and interrogations, and finally a security organization policy on conducting security interviews and interrogations. Interviewing and interrogating suspects are two important but separate vital aspects of collecting information about criminal activity. The difference between an interview and an interrogation is that security professionals conduct interviews, and law enforcement officers can conduct both.
When considering the role of memory in the law, the issue of the fallibility of human memory is especially important. Eyewitnesses to crimes recall their memories in court rooms and errors made can lead to wrongful conviction or wrongful acquittal of defendants. In the USA, eyewitness misidentification is the single most cause of wrongful convictions. The Innocence Project has therefore been set up as an organisation to clear the names of those wrongly convicted, by using strong DNA evidence to overturn the rest of the evidence. Much of the research into eyewitness testimony (EWT) derived from the cognitive approach, therefore much of the evidence is based on the scientific method, such as the use of laboratory studies.
Importance of evidence Forensic evidence can be essential for criminal investigations, and the successful resolution and prosecution with regard to a variety of crimes. Its usefulness derives from a concept known as Locard’s Principle of Two-way Transfer. To Edmund Locard is attributed an
Critical thinking, as defined by Boone and Kurtz, is defined as the “ability to analyze and assess information to pinpoint problems or opportunities” (Boone & Kurtz, 2012). The very nature of the forensic accountant falls within this definition. They have been hired to analyze and identify any discrepancies or intentional misrepresentations over a diverse set of situations. Assignments can range from analyzing matrimonial disputes to ensure proper
Confessions can be a tough thing to get out of a person, or sometimes the investigators can be so tough on a person that it can cause a person to give a false confession. Confessions and false confessions are tough because the courts have to make sure you confessed and where not in any kind of way coerced into a false confession. Confessions grant the interviewer access to the defendant’s inner thoughts, beliefs, knowledge and thinking to why they may have committed the crime. An investigator can have all the evidence in the world against you, but getting you to confess is like putting icing on the cake. Confessions must go through five hurdles in order to be considered valid, these hurdles are: The voluntariness test, one part of this test focuses on the susceptibility of the suspect like the background and intelligence, mental and physical condition and prior experience with the law.