18.1 Role of the Internet in Criminal Investigations


18.1 Role of the Internet in Criminal Investigations

When the Internet is involved in a crime, it generally fits in the categories of Instrumentality or Information as Evidence. For example, online sex offenders, cyberstalkers, computer intruders, and fraudsters use the Internet as an instrument to commit their crimes. Also recall the Cassidy case mentioned in Chapter 7 in which she was convicted of using the Internet to persuade a man to kill her husband. When the Internet is used in such an active way, treating the Internet as an instrumentality of an offense appropriately elevates the importance of digital evidence in the case, potentially increasing the attention it receives and the care with which it is processes.

CASE EXAMPLE (KANSAS v. ROBINSON 2001):

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Robinson first used newspaper personal ads to acquire victims and then used the Internet proactively to extend his reach (Fatal Bondage 2001). Robinson also used the Internet reactively to conceal his identity online, often hiding behind the alias "Slavemaster." John E. Robinson used the Internet to con some of his victims into meeting him, at which time he allegedly sexually assaulted some and killed others (Judge 2001). Investigators found five computers in Robinson's home and information on the Internet relating to Robinson's online nickname "Slavemaster." Robinson was found guilty on several counts and sentenced to death in Kansas but still faces murder charges in Missouri.

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Interestingly, Robinson's use of the Internet reflects the modus operandi he used to acquire victims in the physical world, posing as a respectable businessman interested in a relationship.

When the Internet plays a less active role in a crime, it is more useful to categorize it as "information as evidence." For example, digital evidence on the Internet can simply indicate that a crime has occurred and provide investigative leads.

CASE EXAMPLE (NORTH DAKOTA v FROISTAD 1998):

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In one homicide case, involving arson, the Internet played several roles in the investigation. On March 22, 1998 in his e-mail based support group, Larry Froistad made the following confession about killing his 5-year-old daughter, Amanda, 3 years before:

My God, there's something I haven't mentioned, but it's a very important part of the equation. The people I'm mourning the loss of, I've ejected from my life. Kitty had to endure my going to jail twice and being embarrassed in front of her parents. Amanda I murdered because her mother stood between us. I let her watch the videos she loved all evening, and when she was asleep I got wickedly drunk, set our house on fire, went to bed, listened to her scream twice, climbed out the window and set about putting on a show of shock, surprise and grief to remove culpability from myself. Dammit, part of that show was climbing in her window and grabbing her pajamas, then hearing her breathe and dropping her where she was so she could die and rid me of her mother's interferences.

Froistad, a 29-year-old computer programmer, was arrested and extradited from California to North Dakota where the crime occurred. He apparently confessed again while in police custody. However, upon mature reflection, Froistad pleaded innocent to the charge of murder, a charge that can lead to life imprisonment but not execution, since North Dakota does not have a death penalty. His lawyers initially argued that someone else could have sent the e-mail messages and that Froistad was mentally ill. However, during a forensic examination of Froistad's computer, numerous child pornography references were discovered along with three short AVIs (computer videos) depicting children involved in sexual acts with adults. Also discovered were references by Froistad to a sexual relationship with his daughter and admissions to sexual contact with her. This additional evidence provided a motive for the murder and raised the charges to child exploitation resulted in the death of a minor, potentially subjecting Froistad to more severe Federal penalties, including death. In response to this prospect, the defendant pled guilty to the Federal charges and received a ten year sentence, and also pled guilty to murder in state court which resulted in a 40 year sentence.

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Internet-related data has also been used to locate offenders and missing persons even when the Internet did not play a role in the crime. A simple letter can have associated digital evidence on the Internet that can be used to identify an offender, as in the Maury Travis case example in the previous chapter. Also, the Internet can simply provide a meeting place for individuals who commit a crime in the physical world. For instance, Ruth Stabler and Frank Dobson met online and developed a relationship that culminated in Dobson killing Stabler's husband.




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

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