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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. Currently, too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. Juries may therefore be reaching conclusions on the basis of unreliable evidence, as confirmed by a number of miscarriages of justice in recent years. Following consultation on a discussion paper (LCCP 190, 2009, ISDBN 9780118404655) the Commission recommends that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings. The test would not need to be applied routinely or unnecessarily, but it would be applied in appropriate cases and it would result in the exclusion of unreliable expert opinion evidence. Under the test, expert opinion evidence would not be admitted unless it was adjudged to be sufficiently reliable to go before a jury. The draft Criminal Evidence (Experts) Bill published with the report (as Appendix A) sets out the admissibility test and also provides the guidance judges would need when applying the test, setting out the key reasons why an expert's opinion evidence might be unreliable. The Bill also codifies (with slight modifications) the uncontroversial aspects of the present law, so that all the admissibility requirements for expert evidence would be set out in a single Act of Parliament and carry equal authority.
This is the first digital forensics book that covers the complete lifecycle of digital evidence and the chain of custody. This comprehensive handbook includes international procedures, best practices, compliance, and a companion web site with downloadable forms. Written by world-renowned digital forensics experts, this book is a must for any digital forensics lab. It provides anyone who handles digital evidence with a guide to proper procedure throughout the chain of custody--from incident response through analysis in the lab. - A step-by-step guide to designing, building and using a digital forensics lab - A comprehensive guide for all roles in a digital forensics laboratory - Based on international standards and certifications
When it comes to computer crimes, the criminals got a big head start. But the law enforcement and IT security communities are now working diligently to develop the knowledge, skills, and tools to successfully investigate and prosecute Cybercrime cases. When the first edition of "Scene of the Cybercrime" published in 2002, it was one of the first books that educated IT security professionals and law enforcement how to fight Cybercrime. Over the past 5 years a great deal has changed in how computer crimes are perpetrated and subsequently investigated. Also, the IT security and law enforcement communities have dramatically improved their ability to deal with Cybercrime, largely as a result of increased spending and training. According to the 2006 Computer Security Institute's and FBI's joint Cybercrime report: 52% of companies reported unauthorized use of computer systems in the prior 12 months. Each of these incidents is a Cybecrime requiring a certain level of investigation and remediation. And in many cases, an investigation is mandates by federal compliance regulations such as Sarbanes-Oxley, HIPAA, or the Payment Card Industry (PCI) Data Security Standard. Scene of the Cybercrime, Second Edition is a completely revised and updated book which covers all of the technological, legal, and regulatory changes, which have occurred since the first edition. The book is written for dual audience; IT security professionals and members of law enforcement. It gives the technical experts a little peek into the law enforcement world, a highly structured environment where the "letter of the law" is paramount and procedures must be followed closely lest an investigation be contaminated and all the evidence collected rendered useless. It also provides law enforcement officers with an idea of some of the technical aspects of how cyber crimes are committed, and how technology can be used to track down and build a case against the criminals who commit them. Scene of the Cybercrime, Second Editions provides a roadmap that those on both sides of the table can use to navigate the legal and technical landscape to understand, prevent, detect, and successfully prosecute the criminal behavior that is as much a threat to the online community as "traditional" crime is to the neighborhoods in which we live. Also included is an all new chapter on Worldwide Forensics Acts and Laws. - Companion Web site provides custom tools and scripts, which readers can download for conducting digital, forensic investigations - Special chapters outline how Cybercrime investigations must be reported and investigated by corporate IT staff to meet federal mandates from Sarbanes Oxley, and the Payment Card Industry (PCI) Data Security Standard - Details forensic investigative techniques for the most common operating systems (Windows, Linux and UNIX) as well as cutting edge devices including iPods, Blackberries, and cell phones
CONTENTS: I. The Needless Mystery of Court House Government. II. Fights and Rights. III. Facts Are Guesses. IV. Modern Legal Magic. V. Wizards and Lawyers. VI. The "Fight" Theory versus the "Truth" Theory. VII. The Procedural Reformers. VIII. The Jury System. IX. Defenses of the Jury System--Suggested Reforms. X. Are Judges Human? XI. Psychological Approaches. XII. Criticism of Trial-Court Decisions--The Gestalt. XIII. A Trial as a Communicative Process. XIV. "Legal Science" and "Legal Engineering." XV. The Upper-Court Myth. XVI. Legal Education. XVII. Special Training for Trial Judges. XVIII. The Cult of the Robe. XIX. Precedents and Stability. XX. Codification. XXI. Words and Music: Legislation and Judicial Interpretation. XXII. Constitutions--The Merry-Go-Round. XIII. Legal Reasoning. XXIV. Da Capo. XXV. The Anthropological Approach. XXVI. Natural Law. XXVII. The Psychology of Litigants. XXVIII. The Unblindfolding of Justice. XXIX. Classicism and Romanticism. XXX. Justice and Emotions. XXXI. Questioning Some Legal Axioms. XXXII. Reason and Unreason--Ideals.
In 1992 the National Research Council issued DNA Technology in Forensic Science, a book that documented the state of the art in this emerging field. Recently, this volume was brought to worldwide attention in the murder trial of celebrity O. J. Simpson. The Evaluation of Forensic DNA Evidence reports on developments in population genetics and statistics since the original volume was published. The committee comments on statements in the original book that proved controversial or that have been misapplied in the courts. This volume offers recommendations for handling DNA samples, performing calculations, and other aspects of using DNA as a forensic toolâ€"modifying some recommendations presented in the 1992 volume. The update addresses two major areas: Determination of DNA profiles. The committee considers how laboratory errors (particularly false matches) can arise, how errors might be reduced, and how to take into account the fact that the error rate can never be reduced to zero. Interpretation of a finding that the DNA profile of a suspect or victim matches the evidence DNA. The committee addresses controversies in population genetics, exploring the problems that arise from the mixture of groups and subgroups in the American population and how this substructure can be accounted for in calculating frequencies. This volume examines statistical issues in interpreting frequencies as probabilities, including adjustments when a suspect is found through a database search. The committee includes a detailed discussion of what its recommendations would mean in the courtroom, with numerous case citations. By resolving several remaining issues in the evaluation of this increasingly important area of forensic evidence, this technical update will be important to forensic scientists and population geneticistsâ€"and helpful to attorneys, judges, and others who need to understand DNA and the law. Anyone working in laboratories and in the courts or anyone studying this issue should own this book.