Deck 3: Digital Evidence in the Courtroom

Question 1

It is the duty of a digital investigator to ignore influences from any source.

Answer 1

True

Question 2

The application of preconceived theories to a particular case is a good method of reducing caseload.

Answer 2

False

Question 3

Business records are considered to be an exception to:

A) Direct evidence
B) Inadmissible evidence
C) Illegally obtained evidence
D) Hearsay evidence

Answer 3

D

Question 4

In the United States, the prosecution must prove guilt beyond a reasonable doubt.

Question 5

A digital investigator pursuing a line of investigation in a case because that line of investigation proved successful in two previous cases is an example of:

A) Logical reasoning
B) Common sense
C) Preconceived theory
D) Investigator's intuition

Question 6

Regarding the admissibility of evidence, which of the following is not a consideration:

A) Relevance
B) Authenticity
C) Best evidence
D) Nominally prejudicial

Question 7

When assessing the reliability of digital evidence, the investigator is concerned with whether the computer that generated the evidence was functioning normally, and:

A) Whether chain of custody was maintained
B) Whether there are indications that the actual digital evidence was tampered with
C) Whether the evidence was properly secured in transit
D) Whether the evidence media was compatible with forensic machines

Question 8

According to the text, the most common mistake that prevents evidence seized from being admitted is:

A) Uninformed consent
C) Obtained without authorization
D) None of the above

Question 9

A scientific truth attempts to identify roles that are universally true. Legal judgment, on the other hand, has a standard of proof in criminal prosecutions of:

A) Balance of probabilities
B) Beyond a reasonable doubt
C) Acquittal
D) None of the above

Question 10

Having a member of the search team trained to handle digital evidence:

A) Can reduce the number of people who handle the evidence
B) Can serve to streamline the presentation of the case
C) Can reduce the opportunity for opposing counsel to impugn the integrity of the evidence
D) All of the above

Question 11

Chain of custody is the process of documenting who has handled evidence, where and when, as it travels from the crime scene to the courts.

Question 12

An attorney asking a digital investigator to find evidence supporting a particular line of inquiry is an example of:

A) Influencing the examiner
B) Due diligence
C) Quid pro quo
D) Voir dire

Question 13

In obtaining a warrant, an investigator must convince the judge on all of the following points except:

A) Evidence of a crime is in existence
B) A crime has been committed
C) The owner or resident of the place to be searched is likely to have committed the crime
D) The evidence is likely to exist at the place to be searched

Question 14

The process of documenting the seizure of digital evidence and, in particular, when that evidence changes hands, is known as:

A) Chain of custody
B) Field notes
C) Interim report
D) None of the above

Question 15

If, while searching a computer for evidence of a specific crime, evidence of a new, unrelated crime is discovered, the best course of action is:

A) Abandon the original search, and pursue the new line of investigation
B) Continue with the original search but also pursue the new inquiry
C) Stop the search and obtain a warrant that addresses the new inquiry
D) Continue with the original search, ignoring the new information

Question 16

Which of the following is not one of the levels of certainty associated with a particular finding?

A) Probably
B) Maybe
C) Almost definitely
D) Possibly

Question 17

There is no need for any specialized training in the collection of digital evidence.

Question 18

Direct evidence establishes a:

A) Fact
B) Assumption
C) Error
D) Line of inquiry

Question 19

The fact that with modern technology, a photocopy of a document has become acceptable in place of the original is known as:

A) Best evidence rule
B) Due diligence
C) Quid pro quo
D) Voir dire

Question 20

Evidence contained in a document provided to prove that statements made in court are true is referred to as:

A) Inadmissible evidence
B) Illegally obtained evidence
C) Hearsay evidence
D) Direct evidence

Question 21

During testimony, when a lawyer appears not to be tech savvy, it is a good practice to guess what the attorney is trying to ask.

Question 22

Typically, a photocopy of a document is considered hearsay evidence and is not admissible in court.

Question 23

Digital evidence cannot be direct evidence because of its separation from the events it represents.

Question 24

Voir dire is the process of becoming accepted as an expert by the court.

Question 25

Determining whether digital evidence has been tampered with is a major concern of the digital examiner.

Question 26

Direct evidence establishes a fact.

Question 27

When creating an expert report, digital investigators should support assertions in their reports with multiple independent sources of evidence.

Question 28

Coerced testimony is the most common mistake that prevents evidence seized from being admitted.

Question 29

Exceeding the scope of a warrant is not likely to affect the admissibility of the evidence collected.