Scene of the Cybercrime: Computer Forensics Handbook

626 Chapter 11 • Building the Cybercrime Case

In a civil case, the burden is generally on the respondent who is accused of a

civil wrong to prove that he or she isn’t liable.The level of proof required is

much lower than in a criminal trial; the party that proves its case by a preponder-

ance of the evidence (that is, there is slightly more evidence supporting that side

than the other) wins the case. In many civil cases, only a majority of the jurors

must be convinced; the decision doesn’t have to be unanimous.

Cybercrimes investigators must always be cognizant of the fact that criminal

cases work toward two different levels of proof at different points ...