Computer laws and forensics
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Q1. Appear and behave professionally: Keep hands on the table for juror to view.This gives an open truthful and confidence appearance. Sit in an upright posture and look at the questioning attorney while answering questions. Telling the whole truth and nothing but the truth to compromise ones credibility. Having a thorough knowledge of the case helps the first responder to be more confident and persuasive. Making eye contact with juror while answering the questions asked and making the juror know you’re confident. Listening carefully and ensures understanding before responding (Maras, 2012).
The witness should memorize the statement before proceedings to find inconsistency. The responder might feel combative from cross examination, making a certain outburst without waiting for objection from his attorney. This makes the juror believe the witness might have been lying all along. The defense team might have trouble cross examining the witness as lack of knowledge on the case, the responder might feel agitated and lack consistency in answering the forwarded question. Witness might be vaguely informed on how to address the judge. During cross examination the responder might not be able to differentiate answers of leading, rapid and compound questions.
Q2.An expert collects tests and evaluates evidence forming an opinion to communicate to the judge and jury. An expert may be used either for consulting or testimony. The consulting expert acts as an employee in case of litigation or trial but does not stand trial, as opposed to testimonial expert. The experts are vetted on, skills, academic education, experience and professional training. Examples of some IT certifications are certified fraud examiners C.F.E: They are professionals who denote and indicate frauds and fraud risk.They combine knowledge of financial transactions with an understanding of methods and laws of how to solve allegations of fraud. CFEs analyze financial records to determine whether they have been manipulated (Maras, 2012). .CFEs is best suited in forensic accounting. Certified System Analyst: This is a profession I.T expert, with knowledge and experience in computer systems and corporate information technology. This is dependent on the case as per the court.
Most judges have in house experts who are under the judiciary payroll to increase reliability. An expert witness fee is paid as per arrear of expertise according to Expert witness fee guide. An expert charge more while testifying on trial and deposition. This will also range as per the experienced acquired over the years. Expert witness deposition requires advanced payment of 48% from opposing counsel. The median minimal charge for all experts was 3 hours for deposition and 4 hours for trial.
The Certified system analyst is an expert who defines an organizational I.T needs. He develops software and technology departments as well as showing departments on how to best use hardware and software. A Certified system analyst has a Certified Information Systems Security Professional (CISSP) Accreditation to increase valuation analyst, he has knowledge in developing and designing enterprise solutions by using Microsoft. The Certified Fraud examiner is issued by the Associating of certified fraud examiners. This is the world’s largest anti-fraud organization. The CFE is a professional course that requires constant education such as the Certified Public Accountant. They possess knowledge in all aspects of anti-fraud profession.
Evidence can be presented physically, intangible or direct, regardless of the evidence type its presentation in court is done through witness’s person testifying under oath. Such is the case for a Certified Fraud examiner whose understanding and knowledge on forensic accounting is critical in a case that is associated with fraud in financial transactions. According to Brad coopers case in April 9, 2013, Brad was found guilty in May 2011 for first degree murder. In their defense they had two witnesses who were revoked by the judge but due to career expertise qualified him to explain the data. This is an example of a case where expertise is what determines if one is a forensics examiner.
Q3. Children start learning the use of computers at very early stages of their life. Knowledge of computer will help one to converse with children on various harms on the internet. Strategically place the computer in a high traffic area such as the living room as it enables one to periodically check out what your child is doing. Make times and set rules for using the computer. Assessing and teaching children to be assertive protects them from internet predators when one is not are around. Employ proper software programs that filter the sites that are inappropriate.
By Educating parents on the dangers of internet access at early age gives one an open mind to read on the cybercrimes and be a step ahead of the cyber terrorists. Use a fire wall: They monitor traffic between computer and the internet and act as a wall of defense keeping away intruders. Securing wireless network: Hackers can have access to data of unsecured lines. Use of strong password helps to secure information. It is advisable to encrypt passwords so as to set up for people with passwords. Using comprehensive security software updates the operating system and keeps the computer safe as well as assists in preventing and protecting the computer from malware, phishing and spyware.
Establishing ground rules for online use thus; Email access links are sent with spam and can spread a worm in your operating system. Some viruses replicate and spread through your computer thus one has to be cautious. When a child uses instant messaging one need to learn the lingos.Understanding that almost everything is written in code, this will make it easier for you to know what is going on in chat rooms. Also remember that webcams are the best tools for online sexual predators.
Q4. The use of identity fraud insurance protection and payment protection insurance enables clients to be covered in case of an identity theft or harassment from individual. It secures one with policies that enable implementation of fast tracking of the fraudsters. The use of Identity fraud ensures that credit balance is checked at all times, on accounts as well as transaction statements. The use of payment protection insurance is to cover the damages received after the incident of identity theft for a period of one year (Vacca, 2005).
Use of firewall and ant viruses: This are tools used to minimize online and identity theft on online data. To protect one against electronic identity theft by phishing or hacking, malware users are advised to maintain computer security by updating Operating systems, antivirus and web browser security.
Comparison and contrast are indicated below;
Identity Fraud Insurance protection Use of firewall and antiviruses
It ensures that after incident has occurred there is adequate cover It assist in prevention of fraudsters from accessing personal information
It is mainly long term as it is a policy that covers the whole year It Is long term depending on the frequency of updating the operating system and antivirus
It is relative expensive as compared to using firewalls and antivirus It is cheaper because it requires minimal maintenances
Antivirus automatically updates itself with the latest threat and, cures and repairs damaged content automatically when malware is encountered. It contains a real time scanner to intercept malware and scheduled scanner which automatically performs the scan. Some other features include: webmail protection, instant messaging protection, automatic virus and program update on demand scanner. The fire wall can be a software or hardware application device that acts as a buffer between your computer and the internet. They have features that configure certain types of information being transmitted in the internet.
Using identity fraud insurance protection covers the cost of salvaging the mess however; payment protection insurance caters for the damages caused. The accolades and awards received by various anti-virus firms show protection against cyber terrorist, and Identity fraud phishing as well as hacking. Example is McAfee was awarded best advanced persistent threat protection and is a SC Magazine award finalist as the best database security solution (Vacca, 2005).
Reference
Maras, H. (2012). Computer forensics: Cybercriminals, laws, and evidence. (p. 379 pages). United Kingdom: Jones & Bartlett Publishers.
Vacca, J. (2005).Computer forensics: Computer crime scene investigation, volume 1. (illustrated ed.). United States of America: Cengage Learning.
