Relevant bibliographies by topics / Evidence, Criminal – Preservation

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Evidence, Criminal – Preservation'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Evidence, Criminal – Preservation"

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Granja, Fernando Tiverio Molina, and Glen D. Rodríguez Rafael. "Model for digital evidence preservation in criminal research institutions - PREDECI." International Journal of Electronic Security and Digital Forensics 9, no. 2 (2017): 150. http://dx.doi.org/10.1504/ijesdf.2017.083989.

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Rodríguez Rafael, Glen D., and Fernando Tiverio Molina Granja. "Model for digital evidence preservation in criminal research institutions - PREDECI." International Journal of Electronic Security and Digital Forensics 9, no. 2 (2017): 150. http://dx.doi.org/10.1504/ijesdf.2017.10004412.

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Rogalski, Maciej. "The European Commission’s e-Evidence Proposal – Critical Remarks and Proposals for Changes." European Journal of Crime, Criminal Law and Criminal Justice 28, no. 4 (December 16, 2020): 333–53. http://dx.doi.org/10.1163/15718174-bja10018.

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Abstract In response to problems that exist in practice pertaining to how law enforcement authorities in European Union Member States can obtain electronic evidence concerning the commission of a crime, on 17 April 2018 a Proposal for a Regulation of the European Parliament and of the Council on European Production and Preservation Orders for electronic evidence in criminal matters (COM(2018) 225 final, 2018/0108 (cod)) was published. The proposal contains a series of new solutions aimed at speeding up and facilitating cooperation within the EU on obtaining electronic evidence in criminal matt
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Arifi, Besim. "Physical Evidence." European Journal of Multidisciplinary Studies 1, no. 1 (April 30, 2016): 103. http://dx.doi.org/10.26417/ejms.v1i1.p103-107.

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One of the first actions that the investigation group after arriving in the crime scene or after receiving that call for a crime that has happening is ensuring that evidence and material prove found or can be found at that mentioned location. Documentation of the prove and evidence are important for the entire investigative process during all phases of criminal proceedings in general. Search, finding, photography, picking, packing, examination and presentation in court are the main steps regarding evidence, whether physical or real, whether they witnessed or en the form of statements. Given th
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Burnham, William, and Jeffrey Kahn. "Russia's Criminal Procedure Code Five Years Out." Review of Central and East European Law 33, no. 1 (2008): 1–94. http://dx.doi.org/10.1163/092598808x262533.

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AbstractAfter a long delay in drafting, a new Criminal Procedure Code for Russia was passed in 2001 and went into effect in 2002. The new Code contains some striking innovations, most notably changes at the trial stage, which implement the constitutional requirement of adversarial principles. However, it also preserves several remnants of the past, particularly its preservation of the formal pretrial investigation, during which evidence is analyzed and compiled in a dossier, which then dominates the trial of the case. The result is that old and new constantly contend with each other. Implement
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Bradfield, Paul. "Preserving Vulnerable Evidence at the International Criminal Court – the Article 56 Milestone in Ongwen." International Criminal Law Review 19, no. 3 (May 11, 2019): 373–411. http://dx.doi.org/10.1163/15718123-01903001.

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Article 56 of the Rome Statute allows for the preservation of evidence that may not be available at trial. In 2015, this provision was invoked to record the testimony of seven vulnerable victims of sexual and gender-based crimes in the Dominic Ongwen case. Occurring in the pre-trial phase of the case, before charges were pleaded or even confirmed, this overlooked development sets an important judicial precedent at the International Criminal Court (icc). It represents a milestone precedent for future cases, not just in terms of circumventing situations of witness interference, but more importan
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Karagiannis, Christos, and Kostas Vergidis. "Digital Evidence and Cloud Forensics: Contemporary Legal Challenges and the Power of Disposal." Information 12, no. 5 (April 22, 2021): 181. http://dx.doi.org/10.3390/info12050181.

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Fighting crime in cyberspace requires law enforcement authorities to immerse in a digital ocean of vast amount of information and also to acquire and objectify the evidence of criminal activity. Handling digital evidence is a complex and multifaceted process as they can provide critical evidentiary information in an unquestionable and irrefutable way. When digital evidence resides in a cloud storage environment the criminal investigation is faced with unprecedented contemporary legal challenges. In this paper, the authors identify three main legal challenges that arise from the current cloud-b
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Zakharko, Andriy. "Fixation of evidence in the course of proving." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2020): 168–73. http://dx.doi.org/10.31733/2078-3566-2020-3-168-173.

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The article deals with criminal procedural regulation of the powers of the parties to criminal proceedings, the investigating judge, the court to consolidate evidence in the evidentiary process. Criminal procedural scientific and methodological sources, textbooks are analyzed to clarify the essence of the construction of "consolidation of evidence". The position of scientists on the coverage of the "consolidation of evidence" activities related to the adaptation of traces of the crime and other facts to use in evidence hsd been supported. The competence of different subjects of evidence at the
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Tatyanina, L. G. "SEPARATION AND CONNECTION OF CRIMINAL CASES AT THE PRELIMINARY STAGE HEARING." Bulletin of Udmurt University. Series Economics and Law 30, no. 3 (June 26, 2020): 445–50. http://dx.doi.org/10.35634/2412-9593-2020-30-3-445-450.

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The article deals with the debatable issues of connecting and separating criminal cases in preparation for a court session. Despite the fact that the legislator provided for the possibility of making these decisions, many issues related to their implementation remained unresolved, so it became necessary to determine the grounds and conditions for making a decision to combine and separate criminal cases at a preliminary hearing. The article highlights the problems that arise in connection with the consideration of applications for joining and separating criminal cases. The author formulated con
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Umbarkar, Pankaj, and Priyanka R. Mohod. "Reflections on the Symptoms of Humanitarian Principles in the Investigations of International Crimes – A Study on Admissibility of Electronic Evidences in International Trials." Revista Gestão Inovação e Tecnologias 11, no. 4 (September 16, 2021): 5520–32. http://dx.doi.org/10.47059/revistageintec.v11i4.2576.

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The establishment of the International Criminal Tribunal's post-World War II is the clear sign of augmented figure of International Crimes especially. The culmination of flagship tribunals like Yugoslavia and Rwanda opened the new phase for several significant questions such as the maintenance of humanitarian principles throughout the investigation, relevancy of evidence, authenticity, and overall mechanism and its legality too. The chances of an independent investigation mechanism for international crimes may also not be denied. Under such a state of affairs, the issues of collection, preserv
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Dissertations / Theses on the topic "Evidence, Criminal – Preservation"

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Khoory, Haifa. "The feasibility of transferring cells from archived buccal swabs to FTA card for long term and simple storage of forensic samples." University of Western Australia. Centre for Forensic Science, 2008. http://theses.library.uwa.edu.au/adt-WU2008.0088.

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[Truncated abstract] The collection of buccal cells is common practise in the epidemiological and forensic science. Unlike venipuncture collection of blood; it is a safer, non-invasive method for collection of biological material. The methods by which these cells are collected from the inner cheek of an individual and stored are the key elements in preserving DNA. Typically, forensic samples require long term storage. Samples are commonly collected on cotton swabs and stored moist at low to ultra-low temperatures (less than -20oC). Although this is the method of choice in most forensic facilit
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Fos, Elodie. "Les catastrophes sanitaires sérielles et la recherche judiciaire des responsabilités." Thesis, Mulhouse, 2017. http://www.theses.fr/2017MULH6271.

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Les catastrophes sanitaires sérielles rythment désormais l'histoire des dommages. Face à de tels risques, les avancées de ces dernières années ont été marquées par une volonté de prévention, de traitement en amont, à travers la mise en place d'un véritable arsenal législatif à visée préventive. Mais on ne peut oublier que l'ensemble de cet arsenal législatif « d'évitement » ne saurait être effectif sans un véritable dispositif « sanctionnateur ». Pourtant, le constat est ici celui de la difficulté dans laquelle se trouve notre droit de la responsabilité classique à se saisir de tels événements
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Prins, George Anthony. "Maintaining the chain of evidence : a South African case study of blood samples in the case of driving liquour." Diss., 2009. http://hdl.handle.net/10500/3590.

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The research attempts to evaluate the maintaining of the chain of evidence as a process of effective collection, handling and preservation of evidence. The concept "chain of evidence" refers to the process of collecting, handling and preservation of evidence until its presentation in court, as part of the investigation process. Evidence is anything that tends logically to prove or disprove a fact at issue in a judicial case. Evidence essentially consists of oral evidence, documentary evidence and real evidence. The value of evidence cannot be underestimated as evidence can make or brea
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Chen, De-Chih, and 陳德池. "Preservation of Evidences in Criminal Procedure." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/90289944873858437810.

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碩士<br>東吳大學<br>法律學系<br>94<br>Taiwan criminal procedural law has significant changes after the resolution of the National Judiciary Reform Conference in 1999 that determined to adopt the “Adversary System” from the “Official principle”. Amendatory Acts after the conference are proceeded based upon the idea of “Refined Adversary System”. “Preservation of Evidences” is just the product of such a thought. Under this structure, it is to pursuit the equity in substance, one shall not excising imbalanced power then the other party. Such a value creates huge difference between what the “Official Princi
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Dywaba, Zukiswa Morencia. "An evaluation of the management of deoxyrinucleic acid (DNA) evidence." Diss., 2018. http://hdl.handle.net/10500/25210.

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DNA is identified as a powerful tool in the solving of rape cases, but it is often destroyed either by members of the public or the police officials who attend to the scene. The aim of the study was to evaluate the management of DNA evidence in rape cases in the Bishop Lavis Policing Area. To address the research topic under investigation, research questions, a legal framework and policies were used. The outcome of the study indicated poor performance in securing the crime scene and ensuring that physical evidence is preserved and not tampered with. On this basis, it was recommended that dev
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Books on the topic "Evidence, Criminal – Preservation"

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Almonte, José Miguel Minier. La cadena de custodia como garantía de legalidad probatoria. Santo Domingo, República Dominicana: Ediciones Jurídicas Trajano Potentini, 2011.

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Gelb, Daniel K. Massachusetts E-discovery & evidence: Preservation through trial. 2nd ed. Boston, MA: MCLE, 2011.

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Gelb, Daniel K. Massachusetts E-discovery & evidence: Preservation through trial. 2nd ed. Boston, MA: MCLE, 2011.

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M, Gelb Richard, and Massachusetts Continuing Legal Education, Inc. (1982- ), eds. Massachusetts e-discovery & evidence: Preservation through trial. Boston, MA: MCLE, 2009.

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Gelb, Daniel K. Massachusetts E-discovery & evidence: Preservation through trial. 3rd ed. Boston, MA: MCLE New England, 2014.

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Silva, Viviana Readi. Cadena de custodia de los medios probatorios en ilícitos con resultado de muerte. Santiago: Universidad Central de Chile, Facultad de Ciencias Jurídicas y Sociales, 2004.

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Crime scene management and evidence recovery. Oxford: Oxford University Press, 2009.

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First unit responder: A guide to physical evidence collection for patrol officers. Boca Raton: CRC Press, 1999.

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9

United States. Congress. Senate. Committee on the Judiciary. Ensuring the effective use of DNA evidence to solve rape cases nationwide: Hearing before the Committee on the Judiciary, United States Senate, One Hundred Eleventh Congress, first session, December 15, 2009. Washington: U.S. G.P.O., 2010.

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California. Office of the Attorney General. Postconviction DNA testing: Recommendations for retention, storage and disposal of biological evidence. Sacramento, Calif: State of California, Dept. of Justice, Office of the Attorney General, 2002.

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Book chapters on the topic "Evidence, Criminal – Preservation"

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Spencer, Maureen, and John Spencer. "3. Confessions and the defendant’s silence." In Evidence Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803867.003.0003.

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This chapter focuses on confessions and on the defendant’s pre-trial silence. It explains how a defendant may be convicted on the evidence of a confession alone. It analyses the definition of a confession as specified in section 82(1) of the Police and Criminal Evidence Act 1984 (PACE), and how a confession proffered by the prosecution or by a co-defendant may be excluded by rule under PACE. The chapter also considers the preservation of the common law discretion to exclude confession evidence as well as the procedure for police interrogation of suspects under PACE. It concludes with an examination of how the jury at trial may draw an inference of guilt under sections 34, 36, and 37 of the Criminal Justice and Public Order Act 1994.
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Spencer, Maureen, and John Spencer. "3. Confessions and the defendant’s silence." In Evidence Concentrate, 37–60. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840633.003.0003.

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This chapter focuses on confessions and on the defendant’s pre-trial silence. It explains how a defendant may be convicted on the evidence of a confession alone. It analyses the definition of a confession as specified in section 82(1) of the Police and Criminal Evidence Act 1984 (PACE), and how a confession proffered by the prosecution or by a co-defendant may be excluded by rule under PACE. The chapter also considers the preservation of the common law discretion to exclude confession evidence as well as the procedure for police interrogation of suspects under PACE. It concludes with an examination of how the jury at trial may draw an inference of guilt under sections 34, 36, and 37 of the Criminal Justice and Public Order Act 1994.
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Boddington, Richard. "Digital Evidence." In Digital Business Security Development, 37–72. IGI Global, 2011. http://dx.doi.org/10.4018/978-1-60566-806-2.ch002.

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Digital evidence, now more commonly relied upon in legal cases, requires an understanding of the processes used in its identification, preservation, analysis and validation. Business managers relying on digital evidence in the corporate environment need a greater understanding of its true nature and difficulties affecting its usefulness in criminal, civil and disciplinary proceedings. This chapter describes digital evidence collection and analysis, and the implications of common challenges diminishing its admissibility. It looks at determining the evidentiary weight of digital evidence that can be perplexing and confusing because of the complexity of the technical domain. Digital evidence present on computer networks is easily replaced, altered, destroyed or concealed and requires special protection to preserve its evidentiary integrity. Consequently, business managers seeking the truth of a matter can find it a vexing experience, unless provided with a clear appraisal and interpretation of the relevant evidence. Validating evidence, that is often complex and incomplete, requires expert analysis to determine its value in legal cases to provide timely guidance to business managers and their legal advisers. While soundly configured security systems and procedures enhance data protection and recovery, they are often limited in the way they preserve digital evidence. Unprepared personnel can also contaminate evidence unless procedural guidelines and training are provided. The chapter looks at the benefits for prudent organisations, who may wish to include cyber forensic strategies as part of their security risk contingency, planning to minimise loss or degradation of digital evidence which, if overlooked, may have adverse legal repercussions.
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Munday, Roderick. "X. Public policy." In Cross & Tapper on Evidence, 487–539. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780199668601.003.0010.

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This chapter argues that relevant evidence must be excluded on the ground of public policy on certain conditions. It explores two of these conditions: when the evidence concerns certain matters of public interest considered to be more important than the full disclosure of facts to the court, and when it relates to miscellaneous matters connected with litigation. The chapter also discusses evidence that has been illegally obtained, though this topic is not usually covered under the umbrella of public policy. Although there is no comparably strict general exclusionary rule, it is increasingly the case that the courts recognize the existence of an exclusionary discretion. This is governed in part by weighing the public interest in the conviction of guilty criminals against the public interest in the preservation of basic civil liberties.
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Conference papers on the topic "Evidence, Criminal – Preservation"

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Granja, Fernando Molina, and Glen D. Rodriguez Rafael. "Preservation of digital evidence: Application in criminal investigation." In 2015 Science and Information Conference (SAI). IEEE, 2015. http://dx.doi.org/10.1109/sai.2015.7237309.

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Meyer, Gertruida, and Adrie Stander. "Cloud Computing: The Digital Forensics Challenge." In InSITE 2015: Informing Science + IT Education Conferences: USA. Informing Science Institute, 2015. http://dx.doi.org/10.28945/2239.

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Cloud computing has brought many to the world of computers. Unfortunately it also created new opportunities for criminal activities. This paper used a descriptive literature review to determine the issues that are currently influencing digital investigations. The results show that there are many unaddressed issues affecting the identification, preservation and acquisition of evidence in the cloud. Very little research has been done to solve these problems and where research exists, it is still far from being implemented in practice.
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