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Open Access
Article
Publication date: 11 August 2023

Jacobus Gerhardus J. Nortje and Daniel Christoffel Myburgh

This paper aims to identify impediments, discuss impediments and make recommendations for the impediments during the execution of a search and seizure warrant for digital evidence

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Abstract

Purpose

This paper aims to identify impediments, discuss impediments and make recommendations for the impediments during the execution of a search and seizure warrant for digital evidence in South African criminal cases.

Design/methodology/approach

The discussion of this article, the second article of two, focuses on a literature review of international and local impediments identified in case law and published research literature and how it is approached in various jurisdictions.

Findings

This study found that impediments identified and addressed internationally during the execution of a search and seizure warrant for digital evidence are relevant to South African criminal cases and still need to be addressed during the execution of a search and seizure warrant for digital evidence in South African criminal cases.

Research limitations/implications

Although searches and seizures for digital evidence are relevant to civil, regulatory and criminal investigations, this study focuses on the search and seizure for digital evidence in criminal matters with an emphasis on the provisions of the Criminal Procedure Act 51 of 1977 and the Cybercrimes Act 19 of 2020.

Originality/value

The originality of this paper lies in the procedures followed during the physical search and seizure of digital information during the execution of search and seizure warrants for digital information in South Africa. If the South African Police Service follows the recommended procedures, it will contribute to the success of the South African Police Service, which would result in the improved quality of investigations and successful prosecution of crime in South Africa.

Open Access
Article
Publication date: 25 August 2022

Lelia Cristina Díaz-Pérez, Ana Laura Quintanar-Reséndiz, Graciela Vázquez-Álvarez and Rubén Vázquez-Medina

Based on this holistic model, the authors propose and analyze seven key issues related to the admissibility of digital media in cross-border trials considering four Latin American…

1767

Abstract

Purpose

Based on this holistic model, the authors propose and analyze seven key issues related to the admissibility of digital media in cross-border trials considering four Latin American countries.

Design/methodology/approach

The authors apply the modeling process of the soft systems methodology by Checkland in order to develop a holistic model focused on human situation problems involving digital media and information technology devices or systems.

Findings

The authors discuss the status of the identified key issues in each country and offer a perspective on the integration of cross-border work analyzing the contribution of these key issues to the collaboration between countries criminal cases or the use of foreign digital artifacts in domestic trials.

Research limitations/implications

In this study, the authors assumed that the problems of official interaction between agencies of different countries are considered solved. However, for future studies or research, the authors recommend that these issues can be considered as relevant, since they are related to cross-border cooperation topics that will necessarily require unavoidable official arrangements, agreements and formalities.

Practical implications

This work is aimed at defining and analyzing the key issues that can contribute to the application of current techniques and methodologies in digital forensics as a tool to support the legal framework of each country, considering cross-border trials. Finally, the authors highlight the implications of this study lie in the identification and analysis of the key issues that must be considered for digital forensics as a support tool for the admissibility of digital evidence in cross-border trials.

Social implications

The authors consider that digital forensic will have high demand in cross-border trials, and it will depend on the people mobility between the countries considered in this study.

Originality/value

This paper shows that the soft systems methodology allows elaborating a holistic model focused on social problems involving digital media and informatics devices.

Details

Applied Computing and Informatics, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2634-1964

Keywords

Open Access
Article
Publication date: 28 September 2023

Mohammed A. Alzahrane

The purpose of this study is to evaluate the current state of forensic accounting education in the Kingdom of Saudi Arabia (KSA), as well as to identify the desired aims and…

1638

Abstract

Purpose

The purpose of this study is to evaluate the current state of forensic accounting education in the Kingdom of Saudi Arabia (KSA), as well as to identify the desired aims and skills required to practice forensic accounting as a profession. It also seeks to understand the education and skills provided by KSA forensic accounting education programs, the job skills required by professional accountants and the skills required by professional accountants' employers.

Design/methodology/approach

The study is exploratory in nature. A convenience base sampling approach was used to select the academicians and practitioners working in KSA. Participants were requested to fill out an electronic questionnaire and rank each statement on a 5-point Likert score. The responses were converted and analyzed using the T-test, to evaluate the inter- and intra-group trends in the data.

Findings

The study included 58 responses from practitioners and 30 from academicians. Both groups mentioned that the classroom and the Internet were their primary source of forensic accounting information, especially in professional accounting qualifications. According to the participants, most of the institutions in KSA do not offer forensic accounting courses. Nonetheless, forensic accounting is critical for strengthening the credibility of financial reporting in courtrooms. The study finds subtle inter-group differences regarding the development of an ideal curriculum for forensic accounting, which translates to a bigger difference in curriculum development and practice skills. Both groups were optimistic about the future path of forensic accounting in KSA.

Originality/value

The study reports critical differences between the status of forensic accounting education and the skills required to practice forensic accountancy in KSA.

Details

Journal of Business and Socio-economic Development, vol. 4 no. 1
Type: Research Article
ISSN: 2635-1374

Keywords

Open Access
Article
Publication date: 19 October 2023

Tinna Dögg Sigurdardóttir, Lee Rainbow, Adam Gregory, Pippa Gregory and Gisli Hannes Gudjonsson

The present study aims to examine the scope and contribution of behavioural investigative advice (BIA) reports from the National Crime Agency (NCA).

3580

Abstract

Purpose

The present study aims to examine the scope and contribution of behavioural investigative advice (BIA) reports from the National Crime Agency (NCA).

Design/methodology/approach

The 77 BIA reports reviewed were written between 2016 and 2021. They were evaluated using Toulmin’s (1958) strategy for structuring pertinent arguments, current compliance with professional standards, the grounds and backing provided for the claims made and the potential utility of the recommendations provided.

Findings

Consistent with previous research, most of the reports involved murder and sexual offences. The BIA reports met professional standards with extremely high frequency. The 77 reports contained a total of 1,308 claims of which 99% were based on stated grounds. A warrant and/or backing was provided for 73% of the claims. Most of the claims in the BIA reports involved a behavioural evaluation of the crime scene and offender characteristics. The potential utility of the reports was judged to be 95% for informative behavioural crime scene analysis and 40% for potential new lines of enquiry.

Practical implications

The reports should serve as a model for the work of behavioural investigative advisers internationally.

Originality/value

To the best of the authors’ knowledge, this is the first study to systematically evaluate BIA reports commissioned by the NCA; it adds to previous similar studies by evaluating the largest number of BIA reports ever reviewed, and uniquely provides judgement of overall utility.

Open Access
Article
Publication date: 24 May 2023

Johan Nordgren and Fredrik Tiberg

Drug sales facilitated through digital communication on the surface web and on darknet cryptomarkets have increased during the past two decades. This has resulted in an increase…

Abstract

Purpose

Drug sales facilitated through digital communication on the surface web and on darknet cryptomarkets have increased during the past two decades. This has resulted in an increase in drug law enforcement efforts to combat these markets and a subsequent increase in judicial sentencing of people selling drugs online. The aim of this study was to analyze how Swedish courts describe sentenced sellers and how the courts apply case law.

Design/methodology/approach

The empirical material consists of 71 sentencing documents produced by Swedish courts in cases of online drug selling between January 1, 2010 and January 1, 2020. In total, 99 sentenced persons occur in the documents. Using a qualitative research design, the authors analyzed the material through thematic text analysis.

Findings

Overall, in their descriptions of online drug sale operations, the courts’ characterizations of the concepts of street capital and digital capital show a dichotomy. These forms of capital are situationally described as both aggravating and mitigating aspects in the application of case law, indicating that it may be fruitful to view both street and digital capital as resources used on contemporary drug markets in general.

Originality/value

Very little research exists into how judicial systems describe and perceive the developing phenomenon of online drug sales. Using a relatively large sample from a decade of sentencing, the authors provide an analysis of how Swedish courts view and valuate capital forms in the online drugs trade.

Details

Drugs, Habits and Social Policy, vol. 24 no. 3
Type: Research Article
ISSN: 2752-6739

Keywords

Open Access
Article
Publication date: 1 September 2022

Asia Khatun, Ratan Ghosh and Sadman Kabir

This study aims to determine the number of companies involved in earnings manipulation. Additionally, this study has empirically investigated the common manipulation items among…

3342

Abstract

Purpose

This study aims to determine the number of companies involved in earnings manipulation. Additionally, this study has empirically investigated the common manipulation items among the companies.

Design/methodology/approach

Bangladesh's listed commercial banks are selected as a sample for this study, and financial data from 2009 to 2018 were collected. The likely and nonlikely manipulator Beneish model (1999) divides the sample into two groups. Based on the M-score of the model, the banks are put into two groups. To identify the most influential variables, an independent sample t-test was done with the help of Statistical Package for Social Sciences (SPSS).

Findings

The findings show that banks in Bangladesh have an unstable trend in making manipulated financial reports. Results of the t-test reveal that overstating revenues, increasing intangible assets, lessening cost and accruals are the most appealing items for preparing a fraudulent financial report. The findings of this research work will help the investors take the right decision having the idea of manipulation in the banking sector of Bangladesh.

Originality/value

In the presence of many irregularities in the banking sector Bangladesh, very few studies have been carried out in forensic accounting and fraudulent financial reporting practices. Much research has focused on earnings management techniques. This research specifically focuses on identifying earnings manipulation in financial statements for micro-level variables like accounting accruals, intangible assets, etc. This will help policy-makers and financial statement readers to be proactive while reading financial statements and taking any investment decision.

Details

Arab Gulf Journal of Scientific Research, vol. 40 no. 3
Type: Research Article
ISSN: 1985-9899

Keywords

Open Access
Article
Publication date: 27 August 2024

Meena Rani

The paper aims to examine the impacts and ethics of utilizing Artificial Intelligence (AI) in Indian policing. It explores both the positive and negative consequences of using AI…

Abstract

Purpose

The paper aims to examine the impacts and ethics of utilizing Artificial Intelligence (AI) in Indian policing. It explores both the positive and negative consequences of using AI, as well as the ethical considerations that have be taken into account.

Design/methodology/approach

This study is based on secondary sources of information, such as national and international reports, journal articles, and institutional websites that discuss the use of AI technology by the police in India.

Findings

AI has proven to be effective in policing, from preventing crime to identifying criminals, by detecting potential crimes in advance with fewer resources and in more areas. In India, the police use AI technology not only for facial recognition but also for crime mapping, analysis, and building blocks. However, factors such as caste, religion, language, and gender continue to cause conflict. India has shown a strong interest in using AI technology for policing, and wishes to accelerate its implementation in various policing contexts, including law and order. This paper calls for an assessment of the complexities and uncertainties brought about by new technologies in policing with ethical considerations.

Originality/value

This paper can provide valuable insights for policy-makers, academics, and practitioners engaged in discussions and debates concerning the ethical considerations associated with the adoption of AI tools in policing practices.

Details

Public Administration and Policy, vol. 27 no. 2
Type: Research Article
ISSN: 1727-2645

Keywords

Open Access
Book part
Publication date: 4 June 2021

Moira Aikenhead

Canada criminalized the nonconsensual distribution of intimate images in 2014. Lawmakers and commentators noted that this new offense would fill a legislative gap in relation to…

Abstract

Canada criminalized the nonconsensual distribution of intimate images in 2014. Lawmakers and commentators noted that this new offense would fill a legislative gap in relation to “revenge pornography,” which entails individuals (typically men) sharing intimate images of their ex-partners (typically women) online in an attempt to seek revenge or cause them harm. Feminist writers and activists categorize revenge pornography as a symptom and consequence of “rape culture,” in which sexual violence is routinely trivialized and viewed as acceptable or entertaining, and women are blamed for their sexual victimization. In this chapter, I analyze Canada's burgeoning revenge pornography case law and find that these cases support an understanding of revenge pornography as a serious form of communal, gendered, intimate partner violence, which is extremely effective at harming victims because of broader rape culture. While Canadian judges are taking revenge pornography seriously, there is some indication from the case law that they are at risk of relying on gendered reasoning and assumptions previously observed by feminists in sexual assault jurisprudence, which may have the result of bolstering rape culture, rather than contesting it.

Details

The Emerald International Handbook of Technology-Facilitated Violence and Abuse
Type: Book
ISBN: 978-1-83982-849-2

Keywords

Open Access

Abstract

Details

Online Anti-Rape Activism: Exploring the Politics of the Personal in the Age of Digital Media
Type: Book
ISBN: 978-1-83867-442-7

Open Access
Book part
Publication date: 4 June 2021

Julia Slupska and Leonie Maria Tanczer

Technology-facilitated abuse, so-called “tech abuse,” through phones, trackers, and other emerging innovations, has a substantial impact on the nature of intimate partner violence…

Abstract

Technology-facilitated abuse, so-called “tech abuse,” through phones, trackers, and other emerging innovations, has a substantial impact on the nature of intimate partner violence (IPV). The current chapter examines the risks and harms posed to IPV victims/survivors from the burgeoning Internet of Things (IoT) environment. IoT systems are understood as “smart” devices such as conventional household appliances that are connected to the internet. Interdependencies between different products together with the devices' enhanced functionalities offer opportunities for coercion and control. Across the chapter, we use the example of IoT to showcase how and why tech abuse is a socio-technological issue and requires not only human-centered (i.e., societal) but also cybersecurity (i.e., technical) responses. We apply the method of “threat modeling,” which is a process used to investigate potential cybersecurity attacks, to shift the conventional technical focus from the risks to systems toward risks to people. Through the analysis of a smart lock, we highlight insufficiently designed IoT privacy and security features and uncover how seemingly neutral design decisions can constrain, shape, and facilitate coercive and controlling behaviors.

Details

The Emerald International Handbook of Technology-Facilitated Violence and Abuse
Type: Book
ISBN: 978-1-83982-849-2

Keywords

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