...Chain of Custody in Criminal Proceedings Introduction The production of physical evidence is essential for the conduct of criminal trials. Chain of custody procedures represent the application of a legal principle intended to ensure the evidence produced at trial is the same evidence seized by law enforcement authorities related to the crime, and has not been confused with evidence related to other crimes. In addition, chain of custody procedures are necessary to ensure the evidence has not been altered or tampered with between the time of seizure and the time the evidence is produced in court. Both documentation about the way the evidence was protected as well as the legal adequacy of the procedures used by law enforcement authorities is necessary to establish chain of custody. The failure to establish a chain of custody may result in the exclusion of the evidence at trial, although in some situations involving a broken chain of custody the evidence may be admissible if it can be precisely identified by a unique characteristic such as a serial number. While the documentary requirements to establish chain of custody are relatively similar for the evidence for most crimes, there is variation in the procedures used to maintain a chain of custody depending on the type of crime and the nature of the evidence. The burden of establishing the authenticity of the evidence with chain of custody generally rests with the party seeking admission of the evidence at trial, although there...
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...Evidence Tracking Properly handling evidence is critical to crime solving, improper deviations to the handling can make it impossible to prosecute using the evidence collected. This paper will outline will track the evidence from a chosen crime scene through all the proper handling processes. This paper will describe the chosen crime scene scenario, describe the collected evidence and proper collection, recording of the evidence, chain of evidence, processing, interpretation methods, preservation of the evidence, proper presentation methods for different types of evidence, and the consequences of mishandling the evidence collected. The Crime and Processing Protocols The chosen crime scene scenario is a sexual assault; the first responding officer will have been notified of a possible rape and traveled to an apartment complex at 306 Timber Road, Apartment 12-B to investigate. Upon arrival, the first crime scene procedure is to make sure the crime scene is safe and the possible offender has been arrested or is no longer on the scene. If the struggle were still occurring, this would be the point to render aid. The next procedure would be to determine the extent of the crime and to secure the scene from intrusion to preserve any evidence. It is important for the responding officer to keep their superiors informed of their activities. At this point the responding officer will touch nothing and document all of their observations and actions, if the scene had been disturbed in any...
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...Identify Chain of Custody Roles and Requirements Marta then pass it on and sign it to me, with Pat being a cosigner after which I securely take it to a secure location in the premises waiting to load and transport them to AAA premises. 5 Laptops onsite obtained controlled and secured by Sukhrit who after taking the serial numbers and the case numbers hand and sign it over to Marta on the crime scene Pat and I escort the evidence up to the AAA offices where we also sign and the management sign the laptops and lock them in a secure room at the AAA premises waiting to be submitted to the court General Chain of custody form Evidence/Property Custody - clients premise Name | Tracking # 0025/2013 | Name of Recipient facility - AAA | Location – Atlanta | Marta – IT Security Team Lead Suhkrit – IT Staff Member | Address 276 Towne lake Pkwy | Location from where obtained- Clients premise | Reason Obtained –Security Breach | Date/Time obtained- 06/09/2013 1500hrs | | Item # | Quantity | 001253/2013 | 1 | 0014357/2012 | 1 | 0234986/2008 | 1 | 0256810/2008 | 1 | 0027891/2011 | 1 | | Description of articles | S/N 2378W890C | Perfect condition | S/N 678123Z19Q | Perfect condition with a little cosmetic ware at the back cover | S/N 76890125W1 | Perfect condition with scratches on the front bezel | S/N 427810D09R2 | Perfect condition | S/N 100789C0861K | Perfect condition | | Item #...
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...* Dayani Herrera * Week 2 Assignment The Chain of Custody Process Limiting Access to the Evidence * When a piece of evidence is collected, there are numerous individuals who will have access to it before the case goes to trial. The investigator, evidence technician, property officer, laboratory technician, prosecutor and defense attorney all may have custody. Each individual in this chain has a responsibility for the safe-keeping and preservation of the evidence while it is in their possession. Initial Collection * Before any evidence is removed from the crime scene, there should be an evidence custodian designated as the person in charge of initiating and maintaining all evidence. This person needs to document the crime scene location, as well as his time of arrival. There should also be a crime scene log established, witness list and documentation of identification, arrival and departure times of all law enforcement crime scene personnel. Record Keeping * The investigator who handles the evidence initially should affix her name, badge number and assignment to the package containing the evidence. When the evidence leaves the officer's possession, a record should be made in her case notes identifying to whom the evidence was given, the date and time, and the reason it was turned over. A signed receipt should be obtained from the person accepting the evidence and another signed receipt should be obtained when the item is returned. When the item...
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...1. List the steps in maintain chain of custody for digital evidence. • Identification • Preservation • Collection • Examination • Presentation 2. Why is it important to follow the chain of custody when gathering evidence? It important to follow the chain of custody when gathering evidence the chain of custody because it is the Standard Operating Procedure (SOP) on how to handle evidence when it enters your possession. It also establishes that the findings at the crime seen are exactly the same findings being presented in court. There was no tampering or mishandling of the evidence from the crime scene to the courtroom. Failure to follow the chain of custody procedure may cause a mistrial, allow criminals to get away with a crime, or losing...
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...In this paper I will go over a detailed classification of narcotic drugs in criminal law, focusing on the differences of each. I will also go over the detail required forensic evidence needed to obtain a conviction in a drug case. Then I will go over the necessity of analysis of drugs in a criminal case, the chain of custody, and the preservation of evidence which seeks to not only prove the alleged crimes but also provides the defendant the opportunity to cross examine or challenge the evidence presented in court. A narcotic is an analgesic or pain killing substance that depresses vital body functions such as blood pressure, pulse rate and breathing rate; regular administration of narcotics produces physical dependence. There are many types of narcotics that law enforcement seizes, and they come in different forms. There are pills, powders, and drugs that are heated so they may be injected using a needle. Narcotics can be useful when they are prescribed by a doctor for a pain and sever anxiety as long as they are used as prescribed. However, when abused manufactured, or sold for profit, the narcotics then become a problem for law enforcement. Law enforcement classifies narcotics by schedules. Schedule I drugs include those that are likely to cause addiction and abuse and are not used in field of medicine. These are the types of drugs are not prescribed by a physician (U.S Department of Justice, 2012). Schedule 1 narcotics include heroin, GHB, and other opiates, ecstasy, mushrooms...
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...Weeks v. United States (1914) Fremont Weeks was arrested and charged with using the U.S. mail to conduct an illegal lottery. The police searched Week’s home and turned over articles and papers to a U.S. marshal. The marshal and the police also searched Week’s bedroom and confiscated other documents and letters. Week’s home was searched without a valid search warrant. Weeks was convicted of a federal offense based on the incriminating evidence seized from his home. On appeal to the U.S. Supreme Court, Week’s conviction was overturned. The Court held that evidence obtained by unreasonable search and seizure must be excluded in a federal criminal trial. The Court also held that the Fourth Amendment barred the use of evidence obtained through illegal search and seizure in a federal prosecution. With this ruling, the Court established the exclusionary rule. Mapp v. Ohio (1961) On May 23, 1957, three police officers went to the home of Dollree Mapp to search for a man, who was wanted in connection with a bombing at the home of Donald King. The police officers knocked on the door and demanded entry. Mapp telephoned her attorney, and the attorney advised Mapp to refuse the police from entering her home without a search warrant. Three hours later, the police arrived again and forced their way into Mapp’s home. As the police officers began to searched the home, Mapp demanded to see a search warrant. One of the officers held up a piece of paper purported to be a search...
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...Computer Related Crimes Michael Dill American Military University ISSC351 Computer Forensics Dr. Kevin Harris June 21, 2015 Outline I. Introduction A. Computer related crimes 1. What are computer related crimes 2. Types of computer related offenses 3. The increase in computer related crimes II. Computer related crimes A. What are computer related crimes 1. Legal definitions 2. Perceived definitions B. Types of computer related offenses 1. Object of the Crime 2. Subject of the crime 3. Instrument III. Process for Investigating the Crime A. Evidence 1. Collecting 2. Seizing 3. Chain of Custody 4. Protecting B. Recovering Data 1. Windows 2. Linux 3. Macintosh 4. Mobile 5. Email III. Conclusion A. Best practices for Investigating Computer crimes Thesis Computer crimes have existed since computers were invented. The very first computer crime was the computer virus. Although most do not think of the computer virus being a crime it actually is. It falls into one of the three categories that computer related offenses fall into – object, subject and instrument. Today’s computer users have developed elaborate schemes to defraud and take advantage of the World. It is the responsibility of computer forensic professionals to investigate these crimes and gather the information that is needed to seek a conviction in a Court...
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...Name Instructor Course Date The Chain of Evidence The chain of evidence refers the paper trail showing the seizure, custody, control, transfer, analysis and disposition of physical or electronic evidence. Any evidence obtained in the course of an investigation is subject to interrogation in a court of law. Subject to this demand, it is important that evidence is kept free from contamination, and achieved through as routine called the chain of custody. A motion of suppression is made by the defendant and is done whenever there is a break in the chain of evidence to exclude the admission of said evidence at the trial. The chain of custody, therefore, ensures the integrity of all material proof of a crime through handling it in a secure and validated manner so that it arrives at court untainted. William is a banker at a downtown bank accused of murder in the first degree. William took part in a protracted argument with Miles, a mechanic, at a local restaurant that ended with Miles assaulting him. William is suspected to have driven over to Miles house later that evening, cornering him in the kitchen, and shot him twice in the chest with a revolver.The much larger Miles was able to wrest the gun out of William’s hands. A short struggle ensued, which resulted in William stabbing Miles in the neck with a kitchen knife. Alarmed neighbors called the police at the sound of the shots being fired, and the first patrol car arrived on the scene three minutes later and found Miles dead...
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...not accept the investigative results as vailed or could be torn apart in an examination. While all this is going on, you want to avoid altering the data in any way as this would basically be destroying evidence. You pull the hash by using the command md5sum /dev/hda1 | nc 192.168.0.2 8888 −w 3 as an example. Find the files in question and examine their creation dates, dates accessed and dates last modified. See if those dates match the client’s story and that is about as far as you need to take it. (Easttom, 2014) 2. What is chain of custody and why must it be followed in investigations? The chain of custody is the chronological documentation of finding, preserving, preparing and presenting evidence. Every person that comes in contact with the evidence is documented so as to keep it from being tampered with. If it is tampered with, than you know who did it. Why the documentation is so important is because if there is a hole in the chain of custody, the evidence is considers tainted and cannot be used in a court of law....
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...Computer Forensics The world of crime has expanded right along with the explosion of the internet. The modern cyber criminal has veritable global playground in which to steal money and information from unsuspecting victims. Computer forensics is a quickly emerging science against the increasingly difficult battle to bring criminals to justice who perpetrates crimes on others. The computer forensics field is a relatively new investigative tool but enjoys continual advances in procedures, standards, and methodology which is making the identification, preservation, and analyzing of digital evidence a powerful law enforcement apparatus. The job of the cyber forensic professional is to look for clues the attacker left behind on web sites, servers, and even the e-mail message itself that will unravel their sometimes carefully woven veil of secrecy. Attackers come in all forms and from a variety of different circumstances. For instance, an attacker can begin a phishing scam with only a web server they control with very little programming experience and a way to send a lot of e-mail messages. (Jones 4) In order to combat the waves of cyber-attackers, we must utilize Open Source Community applications to combat the continual onslaught of infections, exploitations, and trickery employed everyday against our systems and networks. Today's attacker uses a variety of technologies to employ their methods and understanding those abilities is integral to preparing for an investigation...
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...a. I do recommend an inventory be conducted through the 67th BN to locate Bravo Company equipment in all company areas. b. I have demonstrated that the actions made by CPT Reid and SFC Picart is simple negligence, caused by their failure to enforce effectively accountability and safekeeping procedures of USG equipment. Throughout this investigation, a series of documented events were contributing factors that have likely resulted in breaking the chain of custody and accountability which allowed the chain of unbroken events to occur and resulted in the loss. c. I therefore recommend that joint financial liability is assessed to CPT Reid and SFC Picart for the loss of $78K worth of USG equipment. In accordance with AR 735-5, when the actual...
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...Understanding the Better Cotton Supply Chain 24 March Ruchira Joshi, BCI Supply Chain Manager Key players in the Better Cotton Supply Chain • Farmers: The Implementing Partner is responsible for those aspects of the Supply Chain for Better Cotton that generally are under the control of the farmers they are working with. • Ginners: The BCI Supply Chain Coordinator will work with the ginner on those aspects of the Supply Chain for Better Cotton that are under the control of the ginner. The Better Cotton supply chain • Steps 1-3 are the responsibility of Implementing Partners • Steps 4-7 are usually the responsibility of BCI but in some cases IPs may also play this role – this will vary on a project by project basis BCI responsibilities Pre-implementation – Step 0? • Guidance on which gins are most appropriate to engage and which ones unlikely to purchase from projects based on retailer-down mapping. During implementation • Explain the Better Cotton System and ginner’s specific role in it to prioritized ginners already selling to retailer-linked spinners in order to engage them further. • Engaged ginners will be invited to sign up to the Bale Tracking System and trained by the BCI Supply Chain Coordinator in how to use it. IP responsibilities Pre-implementation – Step 0? • Identifying which ginner will potentially/likely gin the Better Cotton and advising the BCI of the details of these ginners. During implementation • Weighing of harvested seed cotton,...
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...Brown Wholesale-Internal Investigation Report Brown Wholesale 123 Main Street Duluth, Georgia March 09, 2014 Examiner: (your name) (Technical Specialist, AAA Computer Forensics) Internal Investigation Team: (Your Name) (Technical Specialist, AAA Computer Forensics), Sean Allen (IT Manager, AAA Computer) Requester: James Brown of Brown Wholesale Offense: Intellectual Property Theft CONCLUSION This investigation concluded that Jim Black, Sales Manager of Brown Wholesale obtained unauthorized access to privileged files containing the intellectual property of Brown Wholesale, and transferred them via e-mail to an unauthorized third party. FINDINGS The analysis of the server and laptop computer resulted in 154 files and 14 log entries of evidentiary interest. Files were examined using standard internal investigation procedures. • Investigation started: March 07, 2014 • Investigation completed: March 9, 2014 • Investigation hours: 24 hours • Operating systems examined: Thumb drive, Windows® XP SP 3 • File system: NTFS • Amount of data analyzed: 120,000 MB Evidence Description Item 1: One Western Digital Thumb Drive Serial Number A1111-11-111-1111. Actions taken: |Date / time |Action | |March 08, 2014 16:30 |Retrieved original server from server room. Acquired data from the server | | ...
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...longer needing to provide sufficient grounds for divorce as they have in years past. (Clarkson, L 2011.) While nobody argues an individual’s right to divorce, separate or remained married. We need to consider how our children will develop psychologically in a world where divorce is not only acceptable, but a normal chain of events for approximately half of the marriages in America. Will our children begin to blame themselves for their parent’s marital problems? The review of this article examines the courts battle when deciding child custody cases in relation to divorce, separation, or the death of a spouse. Child custody raises many questions: 1. Should the court consider the needs of the child or base the decision purely on State or Federal codes? 2. Is there past case law to be considered that would assist in reaching the proper decision? 3. Should the child’s wants be considered if they are an adolescent? 4. Should religion or sexual orientation be considered when deciding child custody? I don’t believe that child custody should be decided solely according to State or federal Codes; however, they need to be considered. Each child custody case is unique, and of course all of those questions...
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