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[E336]Evidence In Criminal Cases

by A Nutt, A N

Juvenile law deals with crimes committed by minors. The age limit to be considered a juvenile offender may differ from state to state, but is typically around age 17. Generally, the offender must have been under the age of 18 when the crime was committed to be considered a juvenile. If your child or someone you know is being accused of a crime, the following information can help you understand the basics of the juvenile law process.

Prosecution

When a juvenile crime is reported, parents are contacted, and a hearing is scheduled. After the case is deemed worthy of prosecution, a court date is scheduled. Depending on the nature of the crime and many other factors, the child can be detained or released into the custody of their parents or guardians until the court date.

Juveniles have the same constitutional rights as adults. These rights include the right to remain silent, the right to have an attorney present, the right to cross-examine any witnesses speaking against them and so on.

In juvenile cases, as in adult cases, the police are obligated to inform suspects of these rights. In many states, social workers or counselors are also assigned to criminal cases involving minors as defendants.

Crimes committed by children, ranging from traffic violations and petty theft to more serious crimes such as rape or murder are prosecuted by city, state or federal agencies. Court proceedings tend to be a bit more informal than the typical adult prosecution. In most states, court records in juvenile cases are sealed so that no one from the public can access them. If after the case is tried in court the juvenile is determined to be guilty, he or she is adjudicated.

Adjudication vs. Conviction

Traditionally, in juvenile criminal cases the focus has been on reform rather than punishment. Because of this, prison sentences have typically been shorter than they are for adults committing comparable crimes.

Unlike a conviction, a juvenile court adjudication stays off the child's record as far as job applications go. Most states require that adjudicated juveniles be released from custody upon turning 18.

The landscape of juvenile law is starting to change somewhat in many states. More juveniles are being treated in adult courts, especially in very serious cases. Additionally, the emphasis is starting to shift a bit from reform to punishment. Make sure you speak with a qualified attorney in your area who can explain the way juvenile court works in your particular municipality.

Some types of adjudication made in juvenile cases include:

• Fines or restitution
• Community service
• Probation
• Juvenile detention (jail)

If there is even the slightest suspicion in the minds of the parents that their child may have committed the crime in question, it is crucial to hire a good defense attorney. If the juvenile is found to be guilty by a court of law, a good lawyer that is well versed in these types of cases can be instrumental in negotiating a less severe punishment.

In the field of computer forensics, as in the field of law, procedures in civil cases differ somewhat from those in criminal cases. The collection of data and presentation of evidence may be held to different standards, the process of data collection and imaging can be quite different, and the consequences of the case may have very different impacts.

A couple of quick definitions may be in order. Criminal law deals with offenses against the state - the prosecution of a person accused of breaking a law. These offenses may include crimes perpetrated against an individual. "The People", in the form of a state representative (for instance, the District Attorney) makes formal charges and the accused must then face the government's full resources. Guilty outcomes can result in fines, probation, incarceration, or even death.

Violations of contracts and lawsuits between two or more parties, and other non-criminal concerns or offenses are the concerns of Civil law. The prevailing party often is entitled to payment, property or services from the loser. Imprisonment is not at issue in civil cases. As a result, the standard for evidence is not as high in civil cases as in criminal cases.

For the law enforcement computer forensics specialist, a certain amount of extra care should be taken in collecting data and producing results, for the standard of proof is higher. There are advantages on the data collection end, however. For once a court has authorized a search warrant, an officer (and possibly several) with badge and gun can go seize the defendant's computer by surprise and by force. When a computer is taken as evidence, imaged and analyzed, any data on the computer is accessible. As a result, new and additional charges may be generated.

By contrast, in a civil case, there tends to be a lot of negotiation over what computers and what data can be inspected, as well as where and when. There is not likely to be any seizing of computers, and quite a long time may take place between the time the request to inspect a computer is made and the time the computer is made available to be inspected. It is common for one party to have access to a very limited area of data from the other party's computer. During this time, a defendant may take the opportunity to attempt to hide or destroy data. The author has had several cases wherein the computer needed for analysis was destroyed before the plaintiff had the opportunity to inspect. Such attempts at hiding data are often discovered by the digital forensic sleuth, who may in turn present evidence of such further wrongdoing in expert witness testimony.

Opportunities for learning techniques and interacting with other professionals may differ as well. While some computer forensic software suites and training, such as Access FTK, EnCase, or SMART Forensics are available to most who can pay, others, such as iLook are available only to law enforcement and military personnel. While many support and professional organizations and groups are available to all, some, such as the High Technology Crime Investigation Association (HTCIA) are not open to professionals who provide for criminal defense (with a few minor exceptions).

Police, Homeland Security, and other law enforcement personnel's goal is to generate a body of evidence significant enough (presuming such evidence exists) to find the criminal defendant guilty. The standard for information presented to the court and jury in such a case is fairly high. From the time digital data or hardware is seized and acquired, Rules of Evidence must be kept in mind (Cornell University has the complete and voluminous code on its website). Law enforcement personnel must follow accepted procedures or evidence could be thrown out. Acquisition of data and discovery in criminal cases often must follow sometimes strict and differing procedures depending upon whether the jurisdiction is federal, state, or municipality and at times depending upon a judge's preferences.

The expert in a civil case may not analyze all of the data on a computer at a very deep level Initial efforts may rather be a kind of fact-finding mission, intended to determine the value of digging deeper and at greater expense. This allows the initial presentation of data to be somewhat informal, and be just enough to urge a settling of the case. On the other hand, the data found may be so minimal the line of inquiry into electronic evidence is dropped.

Although we use many of the same tools, computer forensic professionals in private practice and those in law enforcement are held to different standards, have access to different resources, and their work results in substantially different outcomes between the criminal and civil cases to which they contribute.

Copyright (c) 2008 Steve Burgess

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Both A Nutt & Steve Burgess are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

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Steve Burgess has sinced written about articles on various topics from Computers and The Internet, Criminal Defense Law and Legal Matters. Steve Burgess is a freelance technology writer, a practicing computer forensics specialist as the principal of Burgess Forensics, and a contributor to recently released Scientific Evidence in Civil and Criminal Cases, 5th Edition by Moenssens, et al. Mr.. Steve Burgess's top article generates over 1600 views. to your Favourites.