Definition of civil law - computer forensics - criminal versus civil, what is the difference?
In the field of computer forensics, as in the field of law, the procedures in civil cases differ somewhat from those in criminal cases. Data collection and evidence presentation may be done according to different criteria, data collection and imaging process can be very different, and case consequences may have very different impacts.
There might be some quick drivers in order. Criminal law deals with crimes against the state - the prosecution of a person accused of breaking the law. These crimes may of course include crimes against a person. A government agency, or a representative of a government agency, accuses the person of committing the crime, and holds state resources against the accused. Guilty results can result in fines, probation, imprisonment, or even death.
Civil law covers everything else, like contract violations and lawsuits between two or more parties. The loser in such a dispute often has to make payments, property, or services to the prevailing party. Imprisonment is not the subject of a dispute in civil cases. As a result, the level of evidence is not as high in civil cases as it is in criminal cases.
For law enforcement computer forensics professionals, a certain amount of extra care must be taken in gathering data and achieving results, because the standard of proof is higher. However, there are advantages at the end of data collection. For once, the court authorized a search warrant, an officer (and possibly many) with a badge and pistol could go to seize the defendant's computer by surprise and force. Once the computer is seized and imaged, all data can be accessed and additional charges may be brought against the defendant.
In contrast, in a civil case, there is a lot of negotiation over what computers and data can be scanned, as well as where and when. It is unlikely that there will be any confiscation of the computer hardware, and it can take a very long time between the time the computer scan request is submitted and the time the computer is available for examination. It is common for one party to be able to access a very limited area of data from the other party's computer. During this time, the respondent may take the opportunity to attempt to conceal or destroy the data. The author had several cases in which the computer needed for the analysis had been destroyed before the plaintiff had a chance to examine. Such attempts to conceal data are often discovered by a digital forensic investigator, who may, in turn, provide evidence of such other wrongdoing in the testimony of expert witnesses.
Opportunities for learning techniques and for interaction with other professionals may also vary. While some forensic computer software packages and training, such as Access FTK, EnCase, or SMART Forensics are available to most people who can pay, others, like iLook, are only available to law enforcement and military personnel. While many supportive and professional organizations and groups are available to all, some, such as the High Technology Crime Investigation Association (HTCIA), are not open to professionals providing criminal defense (with a few minor exceptions).
Definition of civil law
When law enforcement has a computer forensic case, the goal is to locate sufficient data to convict the defendant in court, as the standard for the information provided tends to be somewhat high from the time the data or digital devices are seized and obtained. Evidence (Cornell University has the complete and huge code on its website). Law enforcement personnel must follow acceptable procedures or evidence may be disposed of. Data acquisition and discovery in criminal cases often must follow strict and sometimes different procedures depending on whether the jurisdiction is federal, state or municipal and sometimes depending on the preferences of the judge.
In a civil case, the initial processes of electronic discovery may simply be finding enough data to show one party or the other whether it would likely prevail, should the case go to court. As such, the initial presentation of data may be somewhat informal and only sufficient to induce the parties to settle the issue. On the other hand, the data found may be so minimal that the line of investigation of electronic evidence is dropped.
To learn more please download this civil law definition app
In the field of computer forensics, as in the field of law, the procedures in civil cases differ somewhat from those in criminal cases. Data collection and evidence presentation may be done according to different criteria, data collection and imaging process can be very different, and case consequences may have very different impacts.
There might be some quick drivers in order. Criminal law deals with crimes against the state - the prosecution of a person accused of breaking the law. These crimes may of course include crimes against a person. A government agency, or a representative of a government agency, accuses the person of committing the crime, and holds state resources against the accused. Guilty results can result in fines, probation, imprisonment, or even death.
Civil law covers everything else, like contract violations and lawsuits between two or more parties. The loser in such a dispute often has to make payments, property, or services to the prevailing party. Imprisonment is not the subject of a dispute in civil cases. As a result, the level of evidence is not as high in civil cases as it is in criminal cases.
For law enforcement computer forensics professionals, a certain amount of extra care must be taken in gathering data and achieving results, because the standard of proof is higher. However, there are advantages at the end of data collection. For once, the court authorized a search warrant, an officer (and possibly many) with a badge and pistol could go to seize the defendant's computer by surprise and force. Once the computer is seized and imaged, all data can be accessed and additional charges may be brought against the defendant.
In contrast, in a civil case, there is a lot of negotiation over what computers and data can be scanned, as well as where and when. It is unlikely that there will be any confiscation of the computer hardware, and it can take a very long time between the time the computer scan request is submitted and the time the computer is available for examination. It is common for one party to be able to access a very limited area of data from the other party's computer. During this time, the respondent may take the opportunity to attempt to conceal or destroy the data. The author had several cases in which the computer needed for the analysis had been destroyed before the plaintiff had a chance to examine. Such attempts to conceal data are often discovered by a digital forensic investigator, who may, in turn, provide evidence of such other wrongdoing in the testimony of expert witnesses.
Opportunities for learning techniques and for interaction with other professionals may also vary. While some forensic computer software packages and training, such as Access FTK, EnCase, or SMART Forensics are available to most people who can pay, others, like iLook, are only available to law enforcement and military personnel. While many supportive and professional organizations and groups are available to all, some, such as the High Technology Crime Investigation Association (HTCIA), are not open to professionals providing criminal defense (with a few minor exceptions).
Definition of civil law
When law enforcement has a computer forensic case, the goal is to locate sufficient data to convict the defendant in court, as the standard for the information provided tends to be somewhat high from the time the data or digital devices are seized and obtained. Evidence (Cornell University has the complete and huge code on its website). Law enforcement personnel must follow acceptable procedures or evidence may be disposed of. Data acquisition and discovery in criminal cases often must follow strict and sometimes different procedures depending on whether the jurisdiction is federal, state or municipal and sometimes depending on the preferences of the judge.
In a civil case, the initial processes of electronic discovery may simply be finding enough data to show one party or the other whether it would likely prevail, should the case go to court. As such, the initial presentation of data may be somewhat informal and only sufficient to induce the parties to settle the issue. On the other hand, the data found may be so minimal that the line of investigation of electronic evidence is dropped.
To learn more please download this civil law definition app
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