One of the reasons that make it challenging for one to testify as an expert in digital evidence and digital forensics is that one needs to provide the hard disk that stores the digital proof. Courts may want to replay the information in the hard drive before arriving at the conclusions that criminal activity may have taken place (Roberts & Stockdale, 2018). Since the suspect who has committed the crime is not obligated to provide evidence that may lead to his incarceration, it becomes difficult for the prosecution to prove its case (Roberts & Stockdale, 2018). Another challenge arises from the fact that somebody from a different jurisdiction may commit a digital crime in another jurisdiction (Smith & Kenneally, 2018). Providing or repatriating the suspect to the prosecuting country to face charges faces several hurdles, many that arise from the lack of a constitutional mechanism to deal with such issues. Another challenge emanates from the fact that digital devices change within a very short time. It may, therefore, be impossible for one to rely on the information contained in a device that may have become obsolete. Since the digital devices are also very fragile, it is difficult storing them for long as the court process drags on (Smith & Kenneally, 2018). In many instances, before the court views the evidence in these digital devices, many of them are likely to have lost the said information, which may make the accused walk freely due to a lack of sufficient evidence.
One of the ways of overcoming these challenges is by storing digital evidence in the cloud. By the use of cloud computing, the information contained in particular devices will take a very long time before it is spoilt (Doherty, 2016). Another solution to these challenges would be by amending existing laws on digital evidence such that the courts can compel suspects to provide hard disks for their digital devices for forensic examination to take place (Doherty, 2016). The constitution should also make the repatriation process shorter and easy so that suspects can be arraigned in court within a short time.
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References
Doherty, E. P. (2016). Digital forensics for handheld devices. New York. CRC Press.
Roberts, P. & Stockdale, M. (2018). Forensic science evidence and expert witness testimony: Reliability or through reform? London. Edward Elgar Publishing.
Smith, F.C., Kenneally, E. (2018). Electronic evidence and digital forensics testimony in court . New Jersey. Humana Press, Inc.
