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Published on: March 9, 2015
From digital trace to evidence: Challenges and insights from a trial case study
Maxime Bérubé1, Laurie-Anne Beaulieu2, Sophie Allard3
1Département de biochimie, chimie, physique et science forensique, Université du Québec à Trois-Rivières, Canada; Chaire de recherche UQTR en forensique numérique, Canada; Groupe de Recherche en Science Forensique, Université du Québec à Trois-Rivières, Canada; Centre international de criminologie comparée, Canada.
Abstract:
Technology's rapid evolution has made digital traces a common part of our lives, holding significant value for investigations and legal cases across various national jurisdictions. However, law enforcement and judicial systems often struggle to adapt to these changes, resulting in possible misinterpretations of digital evidence in criminal trials. Drawing on insights from a qualitative analysis of a terrorism-related court case, this research aims to gain a deeper understanding of the fundamental challenges of decision-making in digital forensics and how they can impact a criminal case. Our findings show that operational, technical, and management constraints hinder the accurate processing of digital traces. They highlight the need for standardized forensic practices and rigorous validation procedures to ensure clarity and reliability. A more structured approach can support law enforcement in adapting to the rapidly changing technological landscape and, subsequently, help legal teams to better comprehend the complexities of digital evidence. While recognizing that each investigation is unique, this highly detailed examination allowed us to identify ways to help practitioners improve their investigative practices and to foster a clearer understanding of digital evidence in the justice system.
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