Resumen

GROBLER, MM  y  VON SOLMS, SH. Fusing business, science and law: presenting digital evidence in court. JCMAN [online]. 2009, vol.6, n.1, pp.375-389. ISSN 1815-7440.

With the explosion of digital crime, science becomes more frequently applied in court. Criminals are exploiting the same technological advances that have helped Law Enforcement to progress; these exploits are often at the expense of businesses. The purpose of the article is to make business managers aware of the intricate relationship between business, science and the law. Businesses are regularly the target of digital crime and should be proactive in their forensic readiness. Scientists often present the evidence themselves, and need to be comfortable explaining technical principles to non-technical individuals. The legal system need to fairly arbitrate crime and presented evidence, integrating both business and scientific principles to ensure a fair ruling. It is necessary to bridge the gap between these disciplines to ensure the successful presentation of digital evidence in court. Digital Forensics is a contemporary management issue that should be embraced as vantage point within the business world. It is not only IT specialists that can be called to testify on digital incidents in a court of law, but any manager or senior employee and these individuals should be adequately prepared for this. Business, science and law should therefore find a compromise to ensure that the presentation of digital evidence in court benefits all the disciplines involved.

Palabras clave : Expert witness; court of law; business fraud; digital evidence; forensic investigator; court procedures; digital incidents.

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