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Practical Digital Forensics by Richard Boddington

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The special characteristics of digital evidence

It will perhaps be useful for you to get some explanation as to what the courts consider to be acceptable and unacceptable evidence. There are different categories of evidence tendered in legal proceedings. The most common is direct evidence, sometimes called witness or testimonial evidence. This is evidence of events observed by the witness and depends on the credibility of the witness in terms of the reliability of the witness's memory, honesty, objectivity, and so on. Such witness testimony may be challenged and refuted, but it often goes a long way in establishing the truth of a matter before the court.

Human testimony must be based on human observation—an eyewitness account, as it is often called. ...

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