The Offense and Defense of Criminal Digital Evidence Authentication

• Main Authors: Hsien-ming Chiu, 邱獻民
• Other Authors: P-LONG LIN
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/13714486278404634338

碩士 === 東吳大學 === 法律學系 === 95 === ABSTRACT The Offense and Defense of Criminal Digital Evidence Authentication By CHIU, HSIEN-MING ADVISOR: P-LONG LIN, Ph. D. DEPARTMENT: Soo Chow University Law Department MAJOR: Technology Law of Law Department DEGREE: MASTER OF LAW After years engaging in criminal investigation cases, I’ve found that most law enforcements and lawyers only have legal background. Whether dealing with computers, internet or financial crime cases, if they want to hit the mark core of the problem, often need to spend a lot of time establishing the basic concept, so they are able to analyze the evidences provided by parties or law enforcements. In view of this, it is inevitable to contact digital evidences in the process of investigation. I tried to bring up how to attack and challenge digital evidence in court and how to defense and consolidate the evidence of admissibility and the weight of the evidence. I hope to provide the direction of thinking about these issues for law enforcements and academics. The framework of abstract is categorized in six chapters. The main content is as follows: Chapter 1 Introduction The motivation, range, methods and framework of research conducting are explained in this chapter. Chapter 2 Digital Evidence The chapter introduces significance, characteristics and types of digital evidence. Chapter 3 The Status of Digital Evidence in the Evidence Act I take the domestic literature as the main axle and explain digital evidence classify, the evidence method, evidence ability in the evidence act. Because digital evidence is different to other traditional evidence styles, we must discuss whether digital evidences can be allowed in court and then draw out the relevance of the evidence of admissibility and the weight of the evidence to digital evidence authentication. I introduce different opinions and views about these issues. Chapter 4 The procedure of Forensic and Preservation of Digital Evidence According to the introduction of characteristics of digital evidences in Chapter 3, we can realize that all of digital evidences are floating and unstable. So how to ensure these digital evidences collected in the investigation procedure and then submitted to the court is identifiable. Therefore, i propose that how to establish trustworthy and stringent procedure about forensic and preservation of digital evidence. Chapter 5 The Offense and Defense of Criminal Digital Evidence Authentication This chapter is the core of the essay. This chapter introduces various types of digital evidence and the technology of digital evidence. And then I try to bring up how to attack and challenge the digital evidence ,and offer all kinds of methods to defense and consolidate the evidence of admissibility and the weight of the evidence. Chapter 6 Conclusion and Proposal In this chapter, the statements in each chapter have been concluded. Moreover, the possible legislative propositions are claimed by author.