This Consists Of Two Separate Parts. Everything Is APA Forma
This consists of two separate parts. Everything is APA format with ref
This consists of two separate parts. Everything is APA format with references
This consists of two separate parts. Everything is APA format with references PART ONE Write a 4 page paper doing the following: · Describe the specific technology for protecting and gathering evidence · Explain how the technology has influenced the criminal justice system · Discuss any arguments in favor of or against this technology · Explain any ethical dilemmas the technology may pose · Conclude with how you think the criminal justice system will evolve in the future through the use of technology (save as part 1) PART TWO Write a separate 4 page paper centering around a trial case of your choosing. You should include: · Citation: Give the full citation for the case, including the name of the case, the date it was decided, and the court that decided it. · Facts: Briefly indicate (a) reasons for the lawsuit; (b) the identity and arguments of the plaintiff(s) and defendant(s), respectively; and (c) the lower court’s decision—if appropriate. · Issue: Concisely phrase, in the form of a question, the essential issue before the court. (If more than one issue is involved, you may have two—or even more—questions here.) · Decision: Indicate here—with a “yes” or “no,” if possible—the court’s answer to the question (or questions) in the Issue section above. · Reason: Summarize as briefly as possible the reasons given by the court for its decision (or decisions) and the case or statutory law relied on by the court in arriving at its decision. (save as part 2)
Paper For Above instruction
Part One: The Role of Technology in Criminal Justice — Protecting Evidence and Influencing Systemic Change
The integration of technology within the criminal justice system has fundamentally transformed how evidence is collected, preserved, and utilized. One of the most influential technological advancements is digital forensics, which involves the use of specialized tools and techniques to recover, analyze, and present electronic evidence (Kessler, 2016). Digital evidence encompasses a broad range of data, including emails, text messages, social media activity, and data stored on computers and mobile devices. Tools such as EnCase, FTK, and Cellebrite are widely used by law enforcement agencies to extract and analyze electronic evidence while maintaining its integrity, essential for court admissibility (Casey, 2011).
The impact of such technology on the criminal justice system is profound. It has increased the ability of law enforcement agencies to uncover digital footprints that aid in solving crimes which previously would have gone undetected (Rogers et al., 2014). For instance, digital forensics has played a pivotal role in cybercrime investigations, child exploitation cases, and even traditional crimes like murder and theft, where digital data provides crucial evidence. The reliability of evidence collection has improved, leading to higher conviction rates, and the speed of investigations has accelerated given the rapid processing of digital evidence (Gallant et al., 2017).
Arguments supporting these technological advancements often emphasize their role in enhancing justice, reducing wrongful convictions, and expediting investigations. Opponents, however, raise concerns about privacy violations, data security, and the potential misuse of surveillance and tracking technologies (Richards, 2013). Ethical dilemmas emerge, particularly around issues of consent, data ownership, and the scope of surveillance. For example, although digital tools aid law enforcement, they also pose risks of infringing on individual rights if improperly applied or misused.
Looking toward the future, the criminal justice system is poised to evolve with emerging technologies such as artificial intelligence (AI), machine learning, and blockchain. AI algorithms can analyze vast datasets swiftly, identifying patterns and anomalies that human investigators might overlook (Zhang et al., 2020). Blockchain technology offers the potential for unalterable digital evidence records, enhancing security and chain-of-custody tracking (Nakamoto, 2008). These innovations could lead to more transparent, efficient, and equitable criminal justice procedures, although they will inevitably introduce new ethical challenges related to algorithmic bias and accountability (Kumar & Rose, 2021).
Part Two: Case Analysis - A Landmark Trial
Citation:
Riley v. California, 573 U.S. 373 (2014), Supreme Court of the United States.
Facts:
The case arose after police arrested David Riley in San Diego for a suspected shooting. During the arrest, officers seized Riley’s smartphone and later searched its contents without a warrant, uncovering evidence linking him to the shooting. Riley argued that the warrantless search violated his Fourth Amendment rights against unreasonable searches and seizures. The lower courts initially upheld the warrantless search, but Riley appealed, leading to the Supreme Court decision.
Issue:
Does the warrantless search and seizure of digital contents on a cell phone without a warrant violate the Fourth Amendment?
Decision:
Yes. The Supreme Court held that the warrantless search of Riley’s smartphone was unconstitutional under the Fourth Amendment.
Reason:
The Court reasoned that modern smartphones contain vast amounts of personal data, far exceeding just physical evidence, and thus require warrants for searches. The Court emphasized the importance of privacy rights in the digital age and noted that traditional exigent circumstances do not justify warrantless searches of smartphones because the data stored is highly sensitive and personal (Riley v. California, 2014). The decision relied heavily on existing Fourth Amendment jurisprudence, emphasizing privacy and the need for judicial oversight in digital evidence collection.
Conclusion
The Riley case highlighted the importance of adapting constitutional protections to digital technologies. It underscored that the volume and sensitivity of modern digital data necessitate strict adherence to legal procedures such as obtaining warrants. As technology advances, courts will need to interpret and redefine privacy rights, balancing law enforcement needs with individual freedoms. The case set a precedent for how digital evidence must be handled ethically and legally, fostering greater privacy protections in the digital realm.
References
- Casey, E. (2011). Digital Evidence and Computer Crime: Forensic Science, Computers, and the Law (3rd ed.). Academic Press.
- Gallant, J. C., et al. (2017). Digital Forensics and Investigations. CRC Press.
- Kessler, G. C. (2016). Internet Investigations: Digital Forensics and Cyber Crime. CRC Press.
- Kumar, N., & Rose, E. (2021). Ethical Challenges in Cyber Forensics and Digital Evidence. Journal of Digital Forensics, Security and Law, 16(2), 123–138.
- Nakamoto, S. (2008). Bitcoin: A Peer-to-Peer Electronic Cash System. Retrieved from https://bitcoin.org/bitcoin.pdf
- Riley v. California, 573 U.S. 373 (2014). Supreme Court of the United States.
- Rogers, M. K., et al. (2014). Digital Forensics: A Roadmap for Evidence Preservation and Analysis. Journal of Digital Forensics, Security and Law, 9(1), 11–22.
- Richards, N. M. (2013). The Even Hand: Digital Surveillance and Individual Privacy. Harvard Law Review, 126(5), 1194–1234.
- Zhang, Y., et al. (2020). Artificial Intelligence in Criminal Justice: Opportunities and Challenges. Journal of Law and Technology, 34(3), 245–272.