Academic literature on the topic 'Evidence, Criminal – Preservation'
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Journal articles on the topic "Evidence, Criminal – Preservation"
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Granja, Fernando Tiverio Molina, and Glen D. Rodríguez Rafael. "Model for digital evidence preservation in criminal research institutions - PREDECI." International Journal of Electronic Security and Digital Forensics 9, no. 2 (2017): 150. http://dx.doi.org/10.1504/ijesdf.2017.083989.
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Rodríguez Rafael, Glen D., and Fernando Tiverio Molina Granja. "Model for digital evidence preservation in criminal research institutions - PREDECI." International Journal of Electronic Security and Digital Forensics 9, no. 2 (2017): 150. http://dx.doi.org/10.1504/ijesdf.2017.10004412.
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Rogalski, Maciej. "The European Commission’s e-Evidence Proposal – Critical Remarks and Proposals for Changes." European Journal of Crime, Criminal Law and Criminal Justice 28, no. 4 (December 16, 2020): 333–53. http://dx.doi.org/10.1163/15718174-bja10018.
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Abstract In response to problems that exist in practice pertaining to how law enforcement authorities in European Union Member States can obtain electronic evidence concerning the commission of a crime, on 17 April 2018 a Proposal for a Regulation of the European Parliament and of the Council on European Production and Preservation Orders for electronic evidence in criminal matters (COM(2018) 225 final, 2018/0108 (cod)) was published. The proposal contains a series of new solutions aimed at speeding up and facilitating cooperation within the EU on obtaining electronic evidence in criminal matters. It is worth examining how the specific solutions accepted and the way they have been formulated may affect the fundamental rights of participants in criminal proceedings, particularly when that impact may be adverse. From this perspective, a detailed analysis is made of what entities will be authorised to issue European Production Orders, in relation to what kinds of electronic evidence, and under what conditions.
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Arifi, Besim. "Physical Evidence." European Journal of Multidisciplinary Studies 1, no. 1 (April 30, 2016): 103. http://dx.doi.org/10.26417/ejms.v1i1.p103-107.
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One of the first actions that the investigation group after arriving in the crime scene or after receiving that call for a crime that has happening is ensuring that evidence and material prove found or can be found at that mentioned location. Documentation of the prove and evidence are important for the entire investigative process during all phases of criminal proceedings in general. Search, finding, photography, picking, packing, examination and presentation in court are the main steps regarding evidence, whether physical or real, whether they witnessed or en the form of statements. Given that evidence is calculated everything in crime scene, until argued the opposite, then for their management and required a cautious professional approach. This care for proper performance of the road that makes the testimony or evidence material ensures and guarantees the preservation of the chain of testimony. So this whole chain filed past the alignment of finding up to presentation trial.
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Burnham, William, and Jeffrey Kahn. "Russia's Criminal Procedure Code Five Years Out." Review of Central and East European Law 33, no. 1 (2008): 1–94. http://dx.doi.org/10.1163/092598808x262533.
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AbstractAfter a long delay in drafting, a new Criminal Procedure Code for Russia was passed in 2001 and went into effect in 2002. The new Code contains some striking innovations, most notably changes at the trial stage, which implement the constitutional requirement of adversarial principles. However, it also preserves several remnants of the past, particularly its preservation of the formal pretrial investigation, during which evidence is analyzed and compiled in a dossier, which then dominates the trial of the case. The result is that old and new constantly contend with each other. Implementation of the new adversarial procedures is also made difficult by the enormity of the changes demanded by them. This article examines these and other issues in the new Code's implementation over its first five years of operation.
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Bradfield, Paul. "Preserving Vulnerable Evidence at the International Criminal Court – the Article 56 Milestone in Ongwen." International Criminal Law Review 19, no. 3 (May 11, 2019): 373–411. http://dx.doi.org/10.1163/15718123-01903001.
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Article 56 of the Rome Statute allows for the preservation of evidence that may not be available at trial. In 2015, this provision was invoked to record the testimony of seven vulnerable victims of sexual and gender-based crimes in the Dominic Ongwen case. Occurring in the pre-trial phase of the case, before charges were pleaded or even confirmed, this overlooked development sets an important judicial precedent at the International Criminal Court (icc). It represents a milestone precedent for future cases, not just in terms of circumventing situations of witness interference, but more importantly, in safeguarding vulnerable victims and witnesses, and preserving their evidence for any eventual trial.
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Karagiannis, Christos, and Kostas Vergidis. "Digital Evidence and Cloud Forensics: Contemporary Legal Challenges and the Power of Disposal." Information 12, no. 5 (April 22, 2021): 181. http://dx.doi.org/10.3390/info12050181.
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Fighting crime in cyberspace requires law enforcement authorities to immerse in a digital ocean of vast amount of information and also to acquire and objectify the evidence of criminal activity. Handling digital evidence is a complex and multifaceted process as they can provide critical evidentiary information in an unquestionable and irrefutable way. When digital evidence resides in a cloud storage environment the criminal investigation is faced with unprecedented contemporary legal challenges. In this paper, the authors identify three main legal challenges that arise from the current cloud-based technological landscape, i.e., territoriality (the loss of location), possession (the cloud content ownership) and confiscation procedure (user authentication/data preservation issues). On the onset of the identified challenges, the existing American, European and International legal frameworks are thoroughly evaluated. Finally, the authors discuss and endorse the Power of Disposal, a newly formed legal notion and a multidisciplinary solution with a global effect as a result of collaboration between technical, organizational and legal perspectives as an effective first step to mitigate the identified legal challenges.
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Zakharko, Andriy. "Fixation of evidence in the course of proving." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2020): 168–73. http://dx.doi.org/10.31733/2078-3566-2020-3-168-173.
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The article deals with criminal procedural regulation of the powers of the parties to criminal proceedings, the investigating judge, the court to consolidate evidence in the evidentiary process. Criminal procedural scientific and methodological sources, textbooks are analyzed to clarify the essence of the construction of "consolidation of evidence". The position of scientists on the coverage of the "consolidation of evidence" activities related to the adaptation of traces of the crime and other facts to use in evidence hsd been supported. The competence of different subjects of evidence at the stages of pre-trial investigation and trial to consolidate evidence in criminal proceedings is differentiated. It is proved that the consolidation of evidence is carried out mainly at the stage of pre-trial investigation by the parties during the collection of evidence and by the investigating judge during the control court proceedings. In addition, in exceptional cases, the consolidation of evidence may be carried out by a judge (court) when collecting evidence during the trial. The attention has been paid to the relevance of qualitative regulation of the use of computer data in the collection (consolidation) of evidence. Electronic data placed on flash media should be referred to as "computer data". The factual data contained in this computer data, by their procedural nature, act as evi-dence, and the computer data itself - the procedural source of evidence. Namely - a document, because the document in accordance with Art. 84, 99 of the CPC of Ukraine is one of the types of procedural sources of evidence. The author has argued that the need to assign "computer data" to a separate type of evidence (they supplement Part 2 of Article 84 of the CPC of Ukraine) stems from the peculiarities of fixing computer data during their collection and due to the specifics of computer data, ease their modification and destruction, the difficulty of ensuring their authentication (creating appropriate conditions to allow further verification of their authenticity). The construction of "consolidation of evidence", in particular, should cover special criminal procedural rules and the procedure for converting computer data into a written form of existence, suitable for direct human perception and preservation for further use in evidence with the obligatory observance of the condition – creation of possibility of repeated authentication of such data.
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Tatyanina, L. G. "SEPARATION AND CONNECTION OF CRIMINAL CASES AT THE PRELIMINARY STAGE HEARING." Bulletin of Udmurt University. Series Economics and Law 30, no. 3 (June 26, 2020): 445–50. http://dx.doi.org/10.35634/2412-9593-2020-30-3-445-450.
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The article deals with the debatable issues of connecting and separating criminal cases in preparation for a court session. Despite the fact that the legislator provided for the possibility of making these decisions, many issues related to their implementation remained unresolved, so it became necessary to determine the grounds and conditions for making a decision to combine and separate criminal cases at a preliminary hearing. The article highlights the problems that arise in connection with the consideration of applications for joining and separating criminal cases. The author formulated conclusions on the settlement of problems arising during the consideration of these issues, and proposed a procedural procedure for their consideration at a preliminary hearing. The article defines the grounds and conditions for consideration at a preliminary hearing of questions about the connection and separation of criminal cases. It is argued that it is possible to consider applications for joining and separating a criminal case only in a closed court session in order to ensure the preservation of evidence obtained during pre-trial proceedings, and the inadmissibility of disclosure of information before the consideration of the criminal case on the merits in the court of first instance.
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Umbarkar, Pankaj, and Priyanka R. Mohod. "Reflections on the Symptoms of Humanitarian Principles in the Investigations of International Crimes – A Study on Admissibility of Electronic Evidences in International Trials." Revista Gestão Inovação e Tecnologias 11, no. 4 (September 16, 2021): 5520–32. http://dx.doi.org/10.47059/revistageintec.v11i4.2576.
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The establishment of the International Criminal Tribunal's post-World War II is the clear sign of augmented figure of International Crimes especially. The culmination of flagship tribunals like Yugoslavia and Rwanda opened the new phase for several significant questions such as the maintenance of humanitarian principles throughout the investigation, relevancy of evidence, authenticity, and overall mechanism and its legality too. The chances of an independent investigation mechanism for international crimes may also not be denied. Under such a state of affairs, the issues of collection, preservation, and scrutiny of the evidence of the most serious International Crimes and violations of normative principles set out by International Criminal Law becomes crucial to know to ensure fair and transparent justice. Indeed, the investigation procedure required for such fairness and transparency demands unequivocal maintenance of humanitarian principles throughout the process and legality for the sake of legal authority behind. Consequently, the present paper counts the impact of the investigation mechanism on criminal for international crimes and the existence of the symptoms of humanitarian principles with its legality by analyzing several International Instruments, Judicial Decisions, and other fact findings on the record.
Dissertations / Theses on the topic "Evidence, Criminal – Preservation"
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Khoory, Haifa. "The feasibility of transferring cells from archived buccal swabs to FTA card for long term and simple storage of forensic samples." University of Western Australia. Centre for Forensic Science, 2008. http://theses.library.uwa.edu.au/adt-WU2008.0088.
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[Truncated abstract] The collection of buccal cells is common practise in the epidemiological and forensic science. Unlike venipuncture collection of blood; it is a safer, non-invasive method for collection of biological material. The methods by which these cells are collected from the inner cheek of an individual and stored are the key elements in preserving DNA. Typically, forensic samples require long term storage. Samples are commonly collected on cotton swabs and stored moist at low to ultra-low temperatures (less than -20oC). Although this is the method of choice in most forensic facilities, there are drawbacks. The samples are inherently contaminated with microflora within the oral cavity and the moisture allows a plethora of microorganisms to grow. As the time frame that has elapsed from collection to storage increases, there is an exponential increase in bacterial cells. Storage of containers containing swabs coated with cells at temperatures below 20oC is also costly due to requirements for large freezers which are running and monitored over 24 hours. In the pass 10 to 15 years, researchers have focussed on alternative ways to store buccal cells. The FTA card system by Whatman is one such development. The FTA card is unique in that it provides a means for the collection of buccal cells for storage at room temperature. DNA profiling from samples stored in this way for 11 years has been successfully achieved. The filter paper matrix of the FTA card binds and subsequently lyses cells. ... (2) The second component of this thesis describes a study which subjected cells on buccal swabs to various conditions of increased temperature over periods of time to establish if DNA could be amplified. The aim was to mimic exposure to the vigours of field conditions, particularly in the extreme local environments that prevail in the United Arab Emirates. a. Initially, buccal cells stored at -20oC over 360 days were used to mimic standard archiving procedures. The cells were subsequently transferred to FTA cards, amplified and profiled by using ABI AmpFLSTR Identifiler PCR Amplification Kit (Applied Biosystems, Foster City, CA). Complete STR profiles were successfully recovered from the archived swabs. In most cases 100% of alleles were recovered, suggesting that it is feasible to transfer DNA from properly archived buccal swabs to FTA cards. b. The second phase involved the storage of fresh swabs that had been artificially aged by using incubation temperatures ranging from 40oC to 100oC. Partial profiles resulted from artificially aged samples, indicating that the prevailing conditions prior to low temperature storage of the swabs plays an important role in ensuring cellular integrity and thus, DNA quality. Results from this study suggest that it is possible for biological samples stored under correct conditions to be transferred from swabs to FTA card. In combination, the two chapters presented in this study show that it is feasible to transfer achieved forensic biology samples from swabs to the FTA card system. However, it is necessary to ensure that the samples are treated in the correct manner so as to minimise contamination from external sources and to maintain the correct environmental state to maintain intact cells and usable DNA.
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Fos, Elodie. "Les catastrophes sanitaires sérielles et la recherche judiciaire des responsabilités." Thesis, Mulhouse, 2017. http://www.theses.fr/2017MULH6271.
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Les catastrophes sanitaires sérielles rythment désormais l'histoire des dommages. Face à de tels risques, les avancées de ces dernières années ont été marquées par une volonté de prévention, de traitement en amont, à travers la mise en place d'un véritable arsenal législatif à visée préventive. Mais on ne peut oublier que l'ensemble de cet arsenal législatif « d'évitement » ne saurait être effectif sans un véritable dispositif « sanctionnateur ». Pourtant, le constat est ici celui de la difficulté dans laquelle se trouve notre droit de la responsabilité classique à se saisir de tels événements et à permettre l'engagement effectif des responsabilités et même, avant cela, afin de permettre une recherche efficace de la vérité, des causes et des éventuels responsables de la catastrophe. Le constat d'impunité découle de l'inadéquation des règles classiques du droit de la responsabilité aux particularités des catastrophes sanitaires sérielles. Les avancées en matière d'adaptation de notre droit de la responsabilité à ce type d’événement sont d'ores et déjà remarquables. Mais la question de la construction d'un véritable droit des catastrophes sanitaires se pose avec toujours plus de véhémence. Le sujet de cette étude est très justement d'étudier les spécificités des catastrophes sanitaires particulièrement sérielles, pour analyser comment notre droit de la responsabilité s'y adapte afin d'y répondre. Il s'agira, ensuite, de proposer des pistes de solutions envisageables afin de perfectionner encore, de compléter, voire même, de réformer, notre droit de la responsabilité pour conformer la recherche judiciaire des responsabilités aux spécificités des catastrophes sanitaires sérielles et la rendre ainsi efficace et effective. L’incidence des spécificités des catastrophes sanitaires sérielles se retrouve, tout d'abord, sur les règles de droit substantiel, gouvernant les responsabilités civile, administrative et pénale (Première partie). Mais, les difficultés posées par les catastrophes sanitaires sérielles ne s’arrêtent pas aux règles substantielles et touchent également le droit procédural et l'organisation judiciaire. Il ne nous faut oublier que les règles de procédures conditionnent l’efficacité des règles du droit de la responsabilité de fond (Deuxième partie).Mais avant d’entrer dans le vif de l’analyse, encore faudra-il s'entendre sur la notion de catastrophe sanitaire sérielle. Il s'agit, tout d’abord, de conceptualiser une notion capable de devenir le creuset d'un modèle juridiqueSerial sanitary disasters now punctuate the history of damages. In facing such risks, progress made in recent years has focused on prevention and upstream processing through the implementation of a strong legislative arsenal with preventive purposes. Yet, this legislative arsenal based on "avoidance" cannot be effective without a corresponding "sanctioning" mechanism. However, our classic liability law is ill equipped in terms of searching for the truth, the causes of such events and effectively engage responsibilities. This sense of impunity comes from the inadequacy between the classic liability law and the particularities of serial sanitary disasters. The progress in adapting our liability law to this type of events is already remarkable. Nonetheless, the construction of an actual law for natural disasters remains an open question.The subject of this study is precisely to study the specificities of sanitary disasters, particularly serial ones, in order to see how our liability law adapts to it. The purpose here is to propose possible solutions to further develop, complete or even reform our liability law to align judicial accountability research with the specificities of serial sanitary disasters and thus make it more efficient and effective.The specificities of serial sanitary disasters firstly have an impact on substantive law that governs civil, administrative and criminal liability (Part I). Furthermore, the difficulties posed by serial sanitary disasters also impact procedural law and the judicial system. Indeed, we must not forget that procedural rules condition the effectiveness of the liability law rules (Part II).But before getting into the substance of the analysis, it will be necessary to agree on the notion of serial sanitary disaster. In fact, it is necessary to conceptualize a notion that can become the crucible of a legal model
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Prins, George Anthony. "Maintaining the chain of evidence : a South African case study of blood samples in the case of driving liquour." Diss., 2009. http://hdl.handle.net/10500/3590.
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The research attempts to evaluate the maintaining of the chain of evidence
as a process of effective collection, handling and preservation of evidence.
The concept "chain of evidence" refers to the process of collecting, handling
and preservation of evidence until its presentation in court, as part of the
investigation process.
Evidence is anything that tends logically to prove or disprove a fact at issue
in a judicial case. Evidence essentially consists of oral evidence,
documentary evidence and real evidence. The value of evidence cannot be
underestimated as evidence can make or break a case. It is therefore
important that evidence is correctly and properly collected, handled and
preserved to establish a strong link between an individual and a specific act.Police Practice
Thesis ((M. Tech. (Forensic Investigation) Police Practice))
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Chen, De-Chih, and 陳德池. "Preservation of Evidences in Criminal Procedure." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/90289944873858437810.
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碩士東吳大學
法律學系
94
Taiwan criminal procedural law has significant changes after the resolution of the National Judiciary Reform Conference in 1999 that determined to adopt the “Adversary System” from the “Official principle”. Amendatory Acts after the conference are proceeded based upon the idea of “Refined Adversary System”. “Preservation of Evidences” is just the product of such a thought. Under this structure, it is to pursuit the equity in substance, one shall not excising imbalanced power then the other party. Such a value creates huge difference between what the “Official Principle” emphasizes, i.e., the prosecutor has the “Objective duty” which imposes the prosecutor the position of a judicial officer instead of a party. The difference reflects the realization to the idea and the component of “Preservation of Evidences”. This article starts from the perspective of the equity of the parties principle, by instructing the concept of “Preservation of Evidences”, portrait the outline of it to assure the establishment of equal rights of both party within the structure of “Preservation of Evidences”. Follow up the introduction to the concept of “Preservation of Evidences”, this thesis further discuss the constitutional basis of this concept in chapter III, since its said that the criminal procedural law is the applicable Constitution, we have to retrace the constitutional basis while we excise the criminal procedural law for a legal rationale. The chapter IV deals with the issue with regard to the present provisions of “Preservation of Evidences”, our criminal legal system heritage most of all provisions from foreign legislation, and the memorandum of our legislation explicitly points out that the design of Taiwan criminal procedural concerning to the “Preservation of Evidences” learned from German, Japan and Taiwan civil procedural code, therefore, whenever we discuss about issues with regard to measures of securing evidences, we are supposed to be aware of the foreign legal structure as well. In the following paragraphs, this thesis would also analyze and review the present provisions with regard to “Preservation of Evidences”. Last but not the least, the chapter V concludes the thesis with all stated above, and provide certain suggestions.
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Dywaba, Zukiswa Morencia. "An evaluation of the management of deoxyrinucleic acid (DNA) evidence." Diss., 2018. http://hdl.handle.net/10500/25210.
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DNA is identified as a powerful tool in the solving of rape cases, but it is often destroyed either by members of the public or the police officials who attend to the scene.
The aim of the study was to evaluate the management of DNA evidence in rape cases in the Bishop Lavis Policing Area. To address the research topic under investigation, research questions, a legal framework and policies were used.
The outcome of the study indicated poor performance in securing the crime scene and ensuring that physical evidence is preserved and not tampered with. On this basis, it was recommended that developmental workshops and intensive training on the management of DNA evidence be conducted to all members of the South African Police Service attend to rape crime scenes. This should be done to equip them with knowledge and an understanding of the management of DNA evidence.Police Practice
M. Tech. (Forensic Investigation)
Books on the topic "Evidence, Criminal – Preservation"
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Almonte, José Miguel Minier. La cadena de custodia como garantía de legalidad probatoria. Santo Domingo, República Dominicana: Ediciones Jurídicas Trajano Potentini, 2011.
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Gelb, Daniel K. Massachusetts E-discovery & evidence: Preservation through trial. 2nd ed. Boston, MA: MCLE, 2011.
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Gelb, Daniel K. Massachusetts E-discovery & evidence: Preservation through trial. 2nd ed. Boston, MA: MCLE, 2011.
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M, Gelb Richard, and Massachusetts Continuing Legal Education, Inc. (1982- ), eds. Massachusetts e-discovery & evidence: Preservation through trial. Boston, MA: MCLE, 2009.
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Gelb, Daniel K. Massachusetts E-discovery & evidence: Preservation through trial. 3rd ed. Boston, MA: MCLE New England, 2014.
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Silva, Viviana Readi. Cadena de custodia de los medios probatorios en ilícitos con resultado de muerte. Santiago: Universidad Central de Chile, Facultad de Ciencias Jurídicas y Sociales, 2004.
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Crime scene management and evidence recovery. Oxford: Oxford University Press, 2009.
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First unit responder: A guide to physical evidence collection for patrol officers. Boca Raton: CRC Press, 1999.
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United States. Congress. Senate. Committee on the Judiciary. Ensuring the effective use of DNA evidence to solve rape cases nationwide: Hearing before the Committee on the Judiciary, United States Senate, One Hundred Eleventh Congress, first session, December 15, 2009. Washington: U.S. G.P.O., 2010.
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California. Office of the Attorney General. Postconviction DNA testing: Recommendations for retention, storage and disposal of biological evidence. Sacramento, Calif: State of California, Dept. of Justice, Office of the Attorney General, 2002.
Find full textBook chapters on the topic "Evidence, Criminal – Preservation"
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Spencer, Maureen, and John Spencer. "3. Confessions and the defendant’s silence." In Evidence Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803867.003.0003.
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This chapter focuses on confessions and on the defendant’s pre-trial silence. It explains how a defendant may be convicted on the evidence of a confession alone. It analyses the definition of a confession as specified in section 82(1) of the Police and Criminal Evidence Act 1984 (PACE), and how a confession proffered by the prosecution or by a co-defendant may be excluded by rule under PACE. The chapter also considers the preservation of the common law discretion to exclude confession evidence as well as the procedure for police interrogation of suspects under PACE. It concludes with an examination of how the jury at trial may draw an inference of guilt under sections 34, 36, and 37 of the Criminal Justice and Public Order Act 1994.
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Spencer, Maureen, and John Spencer. "3. Confessions and the defendant’s silence." In Evidence Concentrate, 37–60. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840633.003.0003.
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This chapter focuses on confessions and on the defendant’s pre-trial silence. It explains how a defendant may be convicted on the evidence of a confession alone. It analyses the definition of a confession as specified in section 82(1) of the Police and Criminal Evidence Act 1984 (PACE), and how a confession proffered by the prosecution or by a co-defendant may be excluded by rule under PACE. The chapter also considers the preservation of the common law discretion to exclude confession evidence as well as the procedure for police interrogation of suspects under PACE. It concludes with an examination of how the jury at trial may draw an inference of guilt under sections 34, 36, and 37 of the Criminal Justice and Public Order Act 1994.
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Boddington, Richard. "Digital Evidence." In Digital Business Security Development, 37–72. IGI Global, 2011. http://dx.doi.org/10.4018/978-1-60566-806-2.ch002.
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Digital evidence, now more commonly relied upon in legal cases, requires an understanding of the processes used in its identification, preservation, analysis and validation. Business managers relying on digital evidence in the corporate environment need a greater understanding of its true nature and difficulties affecting its usefulness in criminal, civil and disciplinary proceedings. This chapter describes digital evidence collection and analysis, and the implications of common challenges diminishing its admissibility. It looks at determining the evidentiary weight of digital evidence that can be perplexing and confusing because of the complexity of the technical domain. Digital evidence present on computer networks is easily replaced, altered, destroyed or concealed and requires special protection to preserve its evidentiary integrity. Consequently, business managers seeking the truth of a matter can find it a vexing experience, unless provided with a clear appraisal and interpretation of the relevant evidence. Validating evidence, that is often complex and incomplete, requires expert analysis to determine its value in legal cases to provide timely guidance to business managers and their legal advisers. While soundly configured security systems and procedures enhance data protection and recovery, they are often limited in the way they preserve digital evidence. Unprepared personnel can also contaminate evidence unless procedural guidelines and training are provided. The chapter looks at the benefits for prudent organisations, who may wish to include cyber forensic strategies as part of their security risk contingency, planning to minimise loss or degradation of digital evidence which, if overlooked, may have adverse legal repercussions.
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Munday, Roderick. "X. Public policy." In Cross & Tapper on Evidence, 487–539. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780199668601.003.0010.
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This chapter argues that relevant evidence must be excluded on the ground of public policy on certain conditions. It explores two of these conditions: when the evidence concerns certain matters of public interest considered to be more important than the full disclosure of facts to the court, and when it relates to miscellaneous matters connected with litigation. The chapter also discusses evidence that has been illegally obtained, though this topic is not usually covered under the umbrella of public policy. Although there is no comparably strict general exclusionary rule, it is increasingly the case that the courts recognize the existence of an exclusionary discretion. This is governed in part by weighing the public interest in the conviction of guilty criminals against the public interest in the preservation of basic civil liberties.
Conference papers on the topic "Evidence, Criminal – Preservation"
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Granja, Fernando Molina, and Glen D. Rodriguez Rafael. "Preservation of digital evidence: Application in criminal investigation." In 2015 Science and Information Conference (SAI). IEEE, 2015. http://dx.doi.org/10.1109/sai.2015.7237309.
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Meyer, Gertruida, and Adrie Stander. "Cloud Computing: The Digital Forensics Challenge." In InSITE 2015: Informing Science + IT Education Conferences: USA. Informing Science Institute, 2015. http://dx.doi.org/10.28945/2239.
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Cloud computing has brought many to the world of computers. Unfortunately it also created new opportunities for criminal activities. This paper used a descriptive literature review to determine the issues that are currently influencing digital investigations. The results show that there are many unaddressed issues affecting the identification, preservation and acquisition of evidence in the cloud. Very little research has been done to solve these problems and where research exists, it is still far from being implemented in practice.