Validation of Digital Forensic Tools

Author(s):  
Philip Craiger ◽  
Jeff Swauger ◽  
Chris Marberry ◽  
Connie Hendricks

An important result of the U.S. Supreme Courts Daubert decision is that the digital forensic tools must be validated if the results of examinations using those tools are to be introduced in court. With this audience in mind, our chapter describes important concepts in forensic tool validation along with alternative just-in-time tool validation method that may prove useful for those who do not have the capability of conducting extensive, in-depth forensic tool validation efforts. The audience for this chapter is the law enforcement agent and industry practitioner who does not have a solid theoretical background—from training or experience—in software validation, and who is typically time-constrained in the scope of their validation efforts.

2020 ◽  
Vol 17 (6) ◽  
pp. 2459-2467
Author(s):  
Shaweta Sachdeva ◽  
B. L. Raina ◽  
Avinash Sharma

This paper aims to analyze different tools for Forensic Data Analysis comes under the branch of Digital Forensics. Forensic data analysis is done with digital techniques. Digital forensics becomes more important in law enforcement, due to the large use of computers and mobile devices. The pattern recognition system most appropriately fits into the Analysis Phase of the Digital Forensics. Pattern Recognition involves two processes. One Process is an analysis and the second process is recognition. The result of the analysis is taken out of the attributes from the patterns to be recognized i.e., a pattern of different faces and fingerprints. These attributes are then utilized for the further process in the analysis phase which provides attention on various techniques of pattern recognition that are applied to digital forensic examinations and is proposed to develop different forensic tools to collect evidence that would be helpful to solve specific types of crimes. This evidence further helps the examiner in the analysis phase of the digital forensic process by identifying the applicable data.


2012 ◽  
Vol 9 (1) ◽  
pp. 79-84
Author(s):  
Martin D. Carrigan

In National Federation of Independent Business v. Katherine Sebelius, Secretary of Health and Human Services, Case No. 11393, the Supreme Court of the United States affirmed most of the 2010 Affordable Care Act (ACA). In holding the ACA as valid (constitutional), Chief Justice Roberts reasoned that the taxing power in the U.S. Constitution was the reason that the law was enforceable. Although a strong dissent on such reasoning was written by four other Justices, Roberts also wrote that laws are entrusted to our nations elected leaders, who can be thrown out of office if the people disagree with them. [1]Roberts also wrote that the Commerce Clause in the U.S. Constitution did not give Congress authority to pass the ACA. Moreover, Congress could not impose unfunded mandates on the States to expand Medicaid. In so writing, Roberts disposed of the chief arguments of those in favor of the law and provided a bone to those who opposed it. But, by then holding that Congress taxing power was sufficient to uphold the law, Roberts ignored the Federal Anti-Injunction statute and called into question the ability of the Supreme Court to hold a law passed by Congress entirely unconstitutional. By writing that, in effect, the Court should defer to Acts of Congress, Roberts attempted a finesse first exercised by Chief Justice John Marshall in Marbury v. Madison in 1803. While it may seem as if he intended to demonstrate the same legal adroitness of Marbury, instead he deferred to the wishes of Congress, going through legal gymnastics to uphold a law that many scholars saw as indefensible, and damaged the power of the Supreme Court given to it in Article III immeasurably.


Author(s):  
Rebecca taylor Dahl

Criminal insanity as a defense continues to be an expulatory plea. The law enforcement and the courts in London have dealt with information reported regarding violent people during 1954. It focuses on the case of Christofi Styllou and her crime committed in 1952, her incarceration from 1952 through her trial, and execution in 1954. The research for this project focuses on court rulings relating to the determination of behaviors, either identified as understanding the difference between having a psychological disorder or defined as criminally insane. In the U.S., the Durham Rule applies, which means that a jury could determine whether the defendant had a mental diagnosis, or whether he or she could be charged guilty by insanity. This precedent does not apply to the UK. Nonetheless, in the U.K., multiple acts of legislation relating to criminal insanity passed between 1800 and 1954. Three vital legislative acts passed before the Christofi hearings, including the Capital Punishment Act of 1868, Criminal Lunacy Act of 1884 section 2 (4), and the Mental Deficiency Act 1913


2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.


SOEPRA ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 4
Author(s):  
Liya Suwarni

Background. Cases of sexual violence increase every year, victims ranging from adolescents, children to toddlers. Based on data from the Indonesian Child Protection Commission, abuse and violence against children in Indonesia in 2013 were 23 cases, in 2014 there were 53 cases, in 2015 there were 133 cases, 2017 reached 1,337 cases, and as of July 2018 there were 424 cases. Purpose. Knowing the factors that influence the law enforcement process of sexy violence cases in Semarang City. Method This study uses descriptive analytical methods for cases of violence against children, based on medical record data in hospitals, documents in Mapolrestabes, the District Attorney's Office and the Semarang City Court for the period of January 2015 to December 2018. Results. Based on research results obtained 213 experimental cases section from medical record data in hospitals in the city of Semarang. Most cases of child abuse occurred in 2018 with 72 cases. Most victims are 12-14 years old age group, female. Most types of cases are cases of intercourse. The majority of violations are persons known as victims, perpetrators not working, and most of the places of occurrence are in the defendant's house. At the time of prosecution and trial, the number of cases was significantly reduced to only 8 cases. Factors related to this include lack of evidence, difficulty in obtaining information from victims, convoluted statements of coverage, lack of election, and obtaining diversion rates. Conclusion Cases of sexual violence have increased from year to year. The process of law enforcement on this problem still has many difficulties in each manufacturing process which is still difficult to overcome.


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