20.6 Summary


20.6 Summary

Digital evidence examiners are often asked to locate evidence that law enforcement or supervisors believe is present, but either may not exist or may not have the import the requestor believes it to have. For instance, examiners at the Connecticut State Crime Lab have been asked on a number of occasions to substantiate that a target visited a certain Web site or made an entry of their own volition, and did so with the intent of downloading child pornography. Such determinations can rarely be made when examiners retrieve only a few images or the evidence suggests only one or two visits to a Web site. Although it is the responsibility of the investigators and digital evidence examiners to locate evidence that may establish probable cause, for the prosecutor to establish proof beyond a reasonable doubt, and for a judge or jury to be persuaded that the digital evidence exists, we must be wary of being overeager to reach a specific result. It is important for digital evidence examiners to be completely honest - this requires fully researching the current technology so that one's statements regarding the evidence are accurate and fully explaining one's findings in a way that is understandable to a non-technical decision maker (e.g. attorney, judge, jury, management, a company's disciplinary board).

Sex offenders make mistakes that cause some investigators to state that "we only catch the stupid ones" or "they are trying to be caught." The primary reason for such mistakes is that sex offenders are driven by deep-rooted psychological needs causing them to engage in behavior that increases the risk of apprehension. Investigators and digital evidence examiners who learn to recognize and understand these patterns in sex offenders will be more capable of locating missing evidence and victims, and interpreting the significance of existing evidence. For instance, the type of pornography that an offender collects will reflect their motivations (e.g. power assertive versus power reassurance) and sexual interests. Knowing this can help develop investigative leads, interviewing and trial strategies. For example, when interviewing an offender who assaults victims to fulfill inadequacies, such as a power reassurance motivated offender, it may be effective to express empathy and understanding, effectively grooming the suspect into trusting and confiding in the interviewer. Such an offender is more likely to confess when treated kindly. Similarly, choices of screen names, online profiles, and preferential use of technology can reveal offender skill level, comfort levels, etc.

This same approach may be counterproductive when dealing with a power assertive motivated offender who might view a "soft" approach as weakness in the interviewer, providing an opportunity to manipulate and control the situation. An offender who believes he is smarter than investigators may be persuaded to reveal details about how he committed crimes or concealed evidence by appealing to his vanity.

Often neglected in specialized investigations is the value of consulting experts in the behavioral sciences. While usually untrained in formal investigative techniques, by education, training, and experience they may have insight to offer investigators. Forensic psychiatrists, psychologists, and social workers who evaluate and treat sex offenders can be an invaluable asset to an investigation when used appropriately. As in any area of case review or investigation, it is very important to draw inferences from the evidence (digital, behavioral, and "real world" physical) in the specific case and not to rely solely on past experience and statistical profiles of offenders. For example, while there are several typologies of sex offenders, these were developed retrospectively for labeling and/or treatment purposes. None of these typologies have been scientifically validated for use prospectively in an investigation. The investigator is cautioned to be wary of the expert who opines quickly on the traits of the offender, relying on a cursory evaluation of the evidence and an inductively derived list of expected behaviors and traits.

For a more detailed discussion of this topic, see Investigating Computer Assisted Child Exploitation (Ferraro and Casey 2004).




Digital Evidence and Computer Crime
Digital Evidence and Computer Crime, Second Edition
ISBN: 0121631044
EAN: 2147483647
Year: 2003
Pages: 279

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