Computer Forensics - Use As Evidence

Use As Evidence

In court, computer forensic evidence is subject to the usual requirements for digital evidence. This requires that information be authentic, reliably obtained, and admissible. Different countries have specific guidelines and practices for evidence recovery. In the United Kingdom, examiners often follow Association of Chief Police Officers guidelines that help ensure the authenticity and integrity of evidence. While voluntary, the guidelines are widely accepted in courts in Wales, England, and Scotland.

Computer forensics has been used as evidence in criminal law since the mid 1980s, some notable examples include:

BTK Killer

Dennis Rader was convicted of a string of serial killings that occurred over a period of sixteen years. Towards the end of this period, Rader sent letters to the police on a floppy disk. Metadata within the documents implicated an author named "Dennis" at "Christ Lutheran Church"; this evidence helped lead to Rader's arrest.

Joseph E. Duncan III

A spreadsheet recovered from Duncan's computer contained evidence that showed him planning his crimes. Prosecutors used this to show premeditation and secure the death penalty.

Sharon Lopatka

Hundreds of emails on Lopatka's computer lead investigators to her killer, Robert Glass.

Corcoran Group

This case confirmed parties' duties to preserve digital evidence when litigation has commenced or is reasonably anticipated. Hard drives were analyzed by a computer forensics expert, who could not find relevant e-mails the Defendants should have had. Though the expert found no evidence of deletion on the hard drives, evidence came out that the defendants were found to have intentionally destroyed emails, and misled and failed to disclose material facts to the plaintiffs and the court.

Dr. Conrad Murray

Dr. Conrad Murray, the doctor of the deceased Michael Jackson, was convicted partially by digital evidence on his computer. This evidence included medical documentation showing lethal amounts of propofol.