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Practical Digital Forensics by Richard Boddington

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Determining the value and admissibility of digital evidence

If digital evidence is being contemplated for inclusion during legal hearings, it must meet a number of conditions and the high expectations of the court. It must have some probative value in that it adds to the chain of evidence that supports the criminal or civil case. Before the evidence tendering occurs, it must comply with some mandatory conditions as to its admissibility. If it fails any of these conditions, then it is likely to be deemed by the court as inadmissible and not admitted as evidence, preventing the judge or jury from examining and deliberating upon it.

In most jurisdictions, legislation and common law govern the admissibility of evidence. Some jurisdictions are far less ...

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