A qualitative study of the investigatory process with digital evidence

The development of digital technology has created new media for capturing evidence and an expectation of digital evidence in every criminal case. Little research has been done into the investigatory process of digital evidence. This qualitative study examined the process used by investigators to collect and understand digital evidence in criminal case investigation. This study used a semi-structured interview approach to gain insight into the investigatory process surrounding digital evidence. Interviews were conducted with investigators at the federal, state, county, and local levels of government in several states in the West, Northeast, and Mid-Atlantic geographic regions of the United States. The interviews covered the following topic areas of interest: conceptualization of digital evidence, the strength and sufficiency of evidence, legal standards; investigatory process, critical parts, important steps, and challenging elements; investigatory skills, knowledge, and experience; training and expertise of investigators, best practices and useful guidelines; and communication between prosecutors and investigators. The introduction of digital evidence into investigation has not significantly changed the core processes of investigation but does add new aspects that are both helpful and challenging. Digital evidence, in its abundance and ubiquity, offers investigators more data and information for criminal identification. New legislative requirements for digital evidence, large volumes of data, and constant technological development present challenges to law enforcement. Training is vital to keep pace with the rapid pace of technological development. Experience is key for investigator skill and knowledge. Assessment of case strength was based on the quantity of evidence and the redundancy of information digital evidence provides. The role of relationships and networks cannot be underestimated in its importance to the process of digital evidence investigation. The insights from this study of the investigatory process with digital evidence indicate a trajectory for a criminal justice system that is more collaborative, more efficient, more accurate, more objective, and ultimately, more just.Ph.D.Includes bibliographical reference