Implementing the harmonized model for digital evidence admissibility assessment

Abstract

Standardization of digital forensics has become an important focus area for researchers and criminal justice practitioners. Over the past decade, several efforts have been made to encapsulate digital forensic processes and activities in harmonized frameworks for incident investigations. A harmonized model for digital evidence admissibility assessment has been proposed for integrating the technical and legal determinants of digital evidence admissibility, thereby providing a techno-legal foundation for assessing digital evidence admissibility in judicial proceedings. This chapter presents an algorithm underlying the harmonized model for digital evidence admissibility assessment, which enables the determination of the evidential weight of digital evidence using factor analysis. The algorithm is designed to be used by judges to determine evidence admissibility in criminal proceedings. However, it should also be useful to investigators, prosecutors and defense lawyers for evaluating potential digital evidence before it is presented in court.