Hidden Evidence in Plain Sight: Identifying and Managing Bias in Digital Evidence Evaluation

This autoethnographic work is dedicated to the legal fraternity and investigators involved in processing digital forensic evidence and recognises that many are confounded by a lack of understanding of its characteristics. Case studies based on my work and research are included to provide some insight into digital evidence misinterpretation and in some all too common circumstances, the prevalence of confirmation and unconscious bias. Wrongful convictions and wrongful and vexatious prosecutions are not a rarity as the work records and yet they continue and are sometimes compounded by the forensics being misinterpreted, ignored or camouflaged. It is all to easy to dismiss the concerns raised in this work, but compared with other forensic discipline also facing severe censure, digital forensic is not alone in needing an urgent reappraisal and better understanding of it limitations in the hands of the inexperienced lawyer or investigator. The work encourages more academic research into this rapidly emerging forensic discipline and in particular more structure and practical guidance for the stakeholders involved. I offer some candidate remedies to assist those attempting to interpret this evidence with or without the benefit of sound forensic expertise to hand. If this work achieves anything, I hope it will engender more thought and less imprudence in taking sometimes persuasive digital evidence at face value. —- ISBN: 9798396901100 | ISBN10: B0CHDBV7TS | ISBN-13: 979-8396901100