scholarly journals The Admissibility of Digital Evidence - based on the latest Legal Cases on Relevancy and Hearsay Evidence -

2016 ◽  
Vol 28 (3) ◽  
pp. 605-638 ◽  
Author(s):  
Lee, Won-Sang
Keyword(s):  
Digital Evidence ◽  
Evidence Based ◽  
Legal Cases ◽  
Hearsay Evidence

(Not) Proving the Public Good: Scientific Evidence and the Margin of Appreciation

2019 ◽  
Vol 18 (2) ◽  
pp. 240-262
Author(s):  
Ciarán Burke ◽  
Alexandra Molitorisová
Keyword(s):  
Public Good ◽  
Policy Making ◽  
Scientific Evidence ◽  
Evidence Based ◽  
Legal Cases ◽  
The Public ◽  
European Court ◽  
Margin Of Appreciation ◽  
Policy Measures ◽  
National Governments

Abstract The article offers a critical look at the complex relationship between the European Court of Human Rights (ECtHR) and policy-supportive (scientific) evidence. In particular, due to now commonplace, evidence-based policy-making of national governments, the Court is effectively supplemented with various statistics and studies and tasked with reviewing policy measures aiming to improve the public good. This article investigates the ECtHR’s use and interpretation of policy-supportive evidence in the proportionality analysis, and how this affects the margin of appreciation. The recent case of Dubská and Krejzová concerning the ban on home births, which the article explores in detail, is illustrative in this regard. Although the Court appears to review scientific evidence substantively, an increased proliferation of statistics and studies may bring about controversy in relation to legal cases, without having a conclusive impact upon the outcome of a dispute.

scholarly journals Physical Activity in Cardiac Rehabilitation: Towards Citizen-Centered Digital Evidence-Based Interventions

2020 ◽  
Author(s):  
Johanna Gutenberg ◽  
Stefan Tino Kulnik ◽  
Rada Hussein ◽  
Thomas Stütz ◽  
Josef Niebauer ◽  
...  
Keyword(s):  
Physical Activity ◽  
Cardiovascular Disease ◽  
Cardiac Rehabilitation ◽  
Exploratory Study ◽  
Survey Methods ◽  
Digital Evidence ◽  
Evidence Based ◽  
Activity Levels ◽  
Physical Activity Levels

Physical activity is a vital part of cardiac rehabilitation (CR). However, heart-healthy physical activity levels in people with cardiovascular disease drop significantly after CR. This exploratory study employs qualitative and survey methods within a co-creation approach. The aim is to understand the mechanisms of healthy behavior and habit formation in order to create a novel evidence-based (post-)rehabilitation approach that employs digital means to sustain long-term physical activity levels in people with cardiovascular disease.

scholarly journals DETEKSI BUKTI DIGITAL ONLINE GAMBLING MENGGUNAKAN LIVE FORENSIK PADA SMARTPHONE BERBASIS ANDROID

2018 ◽  
Vol 1 (1) ◽  
pp. 14-19
Author(s):  
Andrian Sah ◽  
Imam Riadi ◽  
Yudi Prayudi
Keyword(s):  
Mental Disorders ◽  
Personal Computer ◽  
Online Gambling ◽  
Digital Evidence ◽  
Evidence Based ◽  
Young Generation ◽  
Political Movement ◽  
Negative Impacts ◽  
Social Applications ◽  
Use Of Internet

Internet as media to do political movement. Since that, the Indonesian people understand internet-based activities until this current progress. Use of internet in Indonesia most frequently utilize units to access internet, namely, handphone, laptop/notebook, Personal Computer (PC), and tablet. Media used to access internet include mobile (47.6%), computer (1.7%) and both (50.7%). Use of internet increases so that criminal action rate is higher; for example, online gambling. In general, online gambling is done using smartphone. However, today smartphone can load more than one type of online gambling. So speedy progress of online gambling  must contain criminal action. Criminal action is taken by involving smartphone having online gambling with impact on challenge to prove digital evidences and analyze it. Online gambling is a crime or criminal action  being social problems resulting in negative impacts such as morale and mental disorders in society, especially young generation. Questions asked in this study are how to find characteristic of online gambling and digital evidences available to smartphone. This study focuses on characteristic and digital evidences in smartphone based on facts found in thing of evidence. Based on results of study, we found some types of online gambling in smartphone. Characteristic and digital evidences found in smartphone were found by using forensic media, namely, XRY. Forensic media of XRY were used to find thing of digital evidence in smartphone, such as, ID, Password and transaction of online gambling via social applications.

scholarly journals Wearables as Digital Evidence

2018 ◽  
Author(s):  
Tariq Khairallah
Keyword(s):  
Law Enforcement ◽  
New Technologies ◽  
Rapid Development ◽  
Wearable Devices ◽  
Digital Evidence ◽  
Law Enforcement Agencies ◽  
Legal Cases ◽  
Fitness Tracker ◽  
People Today

Digital Evidence is considered as an important type of evidence in many legal cases. Many legislations have dedicated laws to the collection, handling and admissibility of digital evidence. New technologies and new devices are rapidly being developed, which creates new sources of digital evidence. This presents a challenge to law enforcement agencies and digital investigators to stay up to date with the rapid development in the digital field. This paper discusses a relatively new source of digital evidence which is the evidence extracted from Wearable devices. A Fitbit fitness tracker is one of the most common wearable devices used by many people today. This paper presents a case study whereby data extracted from a Fitbit was used as a digital evidence. The admissibility and the challenges of using Wearables as digital evidence is also discussed.

Digital Evidence

2011 ◽  
pp. 37-72
Author(s):  
Richard Boddington
Keyword(s):  
Digital Evidence ◽  
Security Risk ◽  
Business Managers ◽  
Security Systems ◽  
Legal Cases ◽  
True Nature ◽  
Relevant Evidence ◽  
Evidence Collection ◽  
Expert Analysis ◽  
And Training

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.

scholarly journals Enhancing Specific Health Literacy with a Digital Evidence-Based Patient Decision Aid for Hypertension: A Randomized Controlled Trial

2021 ◽  
Vol Volume 15 ◽  
pp. 1269-1279
Author(s):  
Kai Wehkamp ◽  
Felicia Beatrice Kiefer ◽  
Friedemann Geiger ◽  
Fueloep Scheibler ◽  
Jens Ulrich Rueffer ◽  
...  
Keyword(s):  
Randomized Controlled Trial ◽  
Health Literacy ◽  
Decision Aid ◽  
Controlled Trial ◽  
Digital Evidence ◽  
Evidence Based ◽  
Patient Decision Aid ◽  
Randomized Controlled ◽  
Patient Decision ◽  
Specific Health

scholarly journals Browser Forensic Investigations of WhatsApp Web Utilizing IndexedDB Persistent Storage

2020 ◽  
Vol 12 (11) ◽  
pp. 184
Author(s):  
Furkan Paligu ◽  
Cihan Varol
Keyword(s):  
Web Application ◽  
Single Case ◽  
Frame Analysis ◽  
Time Frame ◽  
Digital Evidence ◽  
Proof Of Concept ◽  
Forensic Investigation ◽  
Legal Cases ◽  
Investigation Methods ◽  
Persistent Storage

Digital Evidence is becoming an indispensable factor in most legal cases. However, technological advancements that lead to artifact complexity, are forcing investigators to create sophisticated connections between the findings and the suspects for admissibility of evidence in court. This paper scrutinizes whether IndexedDB, an emerging browser technology, can be a source of digital evidence to provide additional and correlating support for traditional investigation methods. It particularly focuses on the artifacts of the worldwide popular application, WhatsApp. A single case pretest–posttest quasi experiment is applied with WhatsApp Messenger and Web Application to populate and investigate artifacts in IndexedDB storage of Google Chrome. The findings are characterized and presented with their potential to be utilized in forensic investigation verifications. The storage locations of the artifacts are laid out and operations of extraction, conversion and presentation are systematized. Additionally, a proof of concept tool is developed for demonstration. The results show that WhatsApp Web IndexedDB storage can be employed for time frame analysis, demonstrating its value in evidence verification.

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