Testimonial Evidence - when a person provides testimony or a statement as to what they observed. Observations could include all or some of the 6 senses (what are those?).
6. Kinesthetic sense
1. You are a forensics examiner and have been asked to examine a hard drive for evidence. Give an example of evidence on the hard drive could be used for all four types of evidence. If you do not believe one or more of the types of evidence would be included, explain why not?
a) Real Evidence : The hard drive itself from the suspect’s computer or a mobile device might constitute as real evidence.
b) Documentary Evidence: The hard drive could contain emails, pictures, log files, bank statements, etc to be presented as documentary evidence.
c) Testimonial Evidence: A forensic examiner will undoubtedly have to testify to the chain of custody which documents all of the steps that evidence has taken from the time it was located at the crime scene to the time it was introduced in a courtroom.
d) Demonstrative Evidence: The forensic examiner could take all of the evidence found on the hard drive and create a visual demonstration for the judge or jury to read which would lead to the conclusions drawn. For example, if a suspect is accused of money laundering a forensic examiner may create a flow chart of the money coming into the business and then being liquidated into illegitimate businesses or foreign accounts. The forensic examiner could construct visual cues from the evidence drawn.
(A) What steps should you take before the search?
Assuming my knowledge of Computer forensics is where it should be to even accept such a task (i.e. Knowing various operating systems, Knowing different types of file systems, Knowing the different types of evidence, Knowing legal rights and limits, etc) I would make sure I have the right to either search or seize the evidence in question (i.e. voluntary surrender,...