Please respond all questions for Thumbs Up. 1. a) Explain the concept of Admissi

Question

Please respond all questions for Thumbs Up.

1. a) Explain the concept of Admissibility of Evidence.

b) The reliability of TCP/IP packet header forensic data may be questioned because of spoofing attacks that may falsify the MAC or IP address. What other computer or network forensic data may be used to authenticate a MAC or IP address?  

c) Tracking Hackers through Cyberspace and Blackboard provides a detailed Network Forensic Investigation Methodology using the acronym OSCAR. List five or more investigation guideline using the following table for each phase of the OSCAR investigation methodology.

OSCAR Investigation Methodology

Investigation guidelines Summer 2018

Obtain Incident Information

Obtain Environment Information

Strategize or plan for the investigation

Collect Evidence

Analyze Evidence

Forensic Report

d. Define or explain each digital evidence concept and provide one or more examples to apply the concept to Network Forensics using the following table.

Digital Evidence Concepts

Definition or Explanation

Examples applied to Network Forensics

Digital Evidence

Best Evidence Rule

Hearsay Evidence

Business Records

Real Evidence

Circumstantial Evidence

Chain of Custody

OSCAR Investigation Methodology

Investigation guidelines Summer 2018

Obtain Incident Information

Obtain Environment Information

Strategize or plan for the investigation

Collect Evidence

Analyze Evidence

Forensic Report

Explanation / Answer

1)a)Answer:

Admissible evidence is any document, testimony, or tangible evidence used in a court of law. Evidence is typically introduced to a judge or a jury to prove a point or element in a case. Criminal Law: In criminal law, evidence is used to prove a defendant's guilt beyond a reasonable doubt.

Evidence is typically introduced to a judge or a jury to prove a point or element in a case.

However, before evidence can even be used in a criminal case, it must be considered “admissible”. Whether evidence is admissible or not depends on several different factors that the court must analyze. Many different items and statements are often excluded from evidence in a criminal trial because it is considered “inadmissible”.

evidence which the trial judge finds is useful in helping the trier of fact (a jury if there is a jury, otherwise the judge), andwhich cannot be objected to on the basis that it is irrelevant, immaterial, or violates the rules against hearsay and otherobjections. Sometimes the evidence which a person tries to introduce has little relevant value (usually called probative value)in determining some fact, or prejudice from the jury's shock at gory details may outweigh that probative value. In criminalcases the courts tend to be more restrictive on letting the jury hear such details for fear they will result in "undue prejudice."Thus, the jury may only hear a sanitized version of the facts in prosecutions involving violence

What Are Some Factors for Determining If Evidence Is Admissible?

The general rule is that all irrelevant evidence is inadmissible and all relevant evidence is admissible.

There are two basic factors that are considered when determining whether evidence is admissible or not:

There are four basic types of evidence:

d)Answer:

Digital evidence:

Digital evidence or electronic evidence is any probative information stored or transmitted in digital form that a party to a court casemay use at trial.[1] Before accepting digital evidence a court will determine if the evidence is relevant, whether it is authentic, if it is hearsay and whether a copy is acceptable or the original is required.[1]

The use of digital evidence has increased in the past few decades as courts have allowed the use of e-mails, digital photographs, ATMtransaction logs, word processing documents, instant message histories, files saved from accounting programs, spreadsheets, internet browser histories, databases, the contents of computer memory, computer backups, computer printouts, Global Positioning Systemtracks, logs from a hotel’s electronic door locks, and digital video or audio files.

best evidence rule:

The best evidence rule is a legal principle that holds an original copy of a document as superior evidence. The rule specifies that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists and can be obtained. The rule has its roots in 18th-century British law.

Hearsay Evidence:

Hearsay is an out of court statement, made in court, to prove the truth of the matter asserted. In other words, hearsay is evidence of a statement that was made other than by a witness while testifying at the hearing in question and that is offered to prove the truth of the matter stated.

For example, while testifying in John's murder trial, Anthony states that John's best friend told him that John had killed the victim.

Real Evidence:

Physical evidence (also called real evidence or material evidence) is any material object that plays some role in the matter that gave rise to the litigation, introduced as evidence in a judicial proceeding (such as a trial) to prove a fact in issue based on the object's physical characteristics.

Circumstantial Evidence:

Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact—like a fingerprint at the scene of a crime. By contrast, directevidence supports the truth of an assertion directly—i.e., without need for any additional evidence or inference

Chain of Custody:

Chain of custody (CoC), in legal contexts, refers to the chronological documentation or paper trail that records the sequence of custody, control, transfer, analysis, and disposition of physical or electronic evidence.

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