Digital Forensics Investigation Jurisprudence: Issues Of Admissibility Of Digital Evidence

Abstract

Digital Forensics investigations represent the science and legal process of investigating cybercrimes and digital media or objects to gather evidence. The digital evidence must prove that it has been used to commit a crime or used to gain unauthorized access. Digital Forensics investigations jurisprudence is the theory and philosophy of the study of law and the principles upon which a law is based. For digital evidence to appear at court and be legally admissible, the evidence must be authentic, accurate, complete, and convincing to the jury. Presenting digital forensic evidence at court has proved to be challenging, due to factors such as inadequate chain of custody, not maintaining legal procedures and inadequate evidential integrity. Following legal procedures in evidence gathering at a digital crime scene is critical for admissibility and prosecution. However, inadequate evidence gathering and maintaining accuracy, authenticity, completeness has prevented many cases to be inadmissible at court. This paper aims to discuss digital forensics investigations jurisprudence and the issues of authentic, accurate, complete, and convincing evidence leading to inadmissibility at court. To achieve the applicability of the study, we highlight the legal and technical factors required to harmonize these issues and how it could be addressed.