Laws, The Courts, and Evidence
The ultimate objective of many digital forensic investigations, whether intentional or not, is to prepare evidence for use in a court case. Whenever the investigation is conducted as part of legal proceedings in a civil or criminal matter, the need to prepare for court is evident. However, even if an investigation is purely internal, there is always a chance that the results of that investigation will eventually lead to a legal matter. For example, an internal investigation of a system used by a recently departed employee might reveal that the employee was engaged in fraudulent or other illegal activity. Therefore, forensic investigations should always be conducted in such a way that the results will be useful in court.
For this reason, it is useful for a forensic investigator to have some basic knowledge of the way the United States legal system works, as well as a basic understanding of the court system. Importantly, the forensic investigator is not, and generally cannot be, in the role of an attorney or legal counsel. Ultimately, all the legal decisions will be made by the attorney working on the same side of the case as the investigator. The investigator’s role is to follow sound practices and avoid mistakes that could jeopardize the results of the investigation.
The modules in this section present some basic legal background information and an overview of the court systems at the federal and state (of South Carolina) level. It does not constitute legal advice and is not a substitute for proper legal advice. As we will see in the module, our legal system is a dynamic environment subject to change. Understanding the nuances of the environment is the lawyer’s responsibility. Our responsibility as forensics professionals is on the technical side, but we must conduct the technical operations in such a way as to collect and preserve evidence correctly.
