What kind of evidence do the courts look for in computer crime cases?
In California, courts consider many kinds of evidence when deciding computer crime cases. These include physical evidence, such as computer hardware, as well as digital evidence, such as emails, photos, and other data stored on a computer or transmitted over the internet. In many cases, digital forensics may be used to analyze digital evidence. This may include tracking down digital footprints that may identify a suspect, or examining the digital content for any incriminating evidence. Courts may also consider circumstantial evidence, such as a person’s prior criminal history or prior use of the computer. Witnesses may also be interviewed, such as those who may have seen someone using a computer illegally or who may have knowledge of suspicious activity. In cases involving more serious crimes, like fraud or cyberattack, the court may also look at financial evidence, such as bank records and other financial data. This can help connect a suspect to a particular crime. Finally, while it may not be the main evidence used to decide a case, judges may also consider expert testimony in computer crime cases. This can provide additional insight into complex computer systems or other technical issues.
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