THE USE AND IMPACT OF DIGITAL FORENSICS EXAMINATION IN THE

GHANAIAN CRIMINAL JUSTICE SYSTEM

Awareness of Digital forensics examination

1. Tell me about your professional background.
a. What is your current job title?
Criminal Lawyer Former AG office.

b. What are your primary job duties?

Well Basically, my job is to investigate the case and interview witnesses, research case law, statutes,
crimes codes, and procedural law. Build a defense and develop a case strategy and negotiate with the
prosecution to plea bargain to lesser charges.

c. How long have you been a (digital forensics examiner/attorney)?

12 years’ experience in the law Court.
2. Do you feel your knowledge of digital forensics is adequate to fulfil your job duties?
hmm, I wouldn’t say I am an expert in that field, but due to my vast experience in in criminal
case, I have come across a lot of crimes that were committed using computers, phones etc. I
have seen forensic experts provide evidence in court to provide my theory. I have also engaged
some forensic experts to explain how they gather and process evidence to present in court. I
have also found a lot of loopholes in the process to prove for against my client.
3. The following questions are related to common knowledge of digital devices/technologies.
a. Please name a few items you would consider to be digital evidence.

1. Physical DNA evidence

2. Circumstantial Evidence
2. Digital Evidence
5. Forensic Evidence

b. How do you primarily learn about emerging technologies?

Well Technology in a growing trend and I try to say in the game, by reading articles about new
technologies. I also try to watch documentary on YouTube and other social media sites.
4. On a scale of 1 to 5 describe your familiarity with IT, computers, and forensics.
Where 1= low; 2=below average; 3=average; 4= above average; 5=High

1 2 3 4 5
Digital Evidence 3
Computer Forensic Process 3
Computer Technology 4
Internet Applications 4
5. Do you feel the involvement of forensic evidence, in general, makes a case complicated than
a case not involving forensic evidence?
Yes
a. Why do you feel this way?
From my stand as a criminal lawyer, I know how to interpret physical evidence to a judge
to really understand my point of view. But when it comes to digital evidence most Judges
have come across shy away from the reality of evidence. They mostly may not
understand the gravity of the crime. For example, a cybercriminal making mockery of
victim’s financial status. This action of the criminal could need him to even commit
suicide. The Judge will find it a little difficult to agree on the linkage.
b. Does your feeling depend on the type of forensic evidence?
Yes

8. (Attorneys only) Have you ever used a digital forensic expert to assist in any of your cases?
Yes almost 10 times
a. What types of services did they perform? (Case review, forensic analysis, reporting,
testimony, etc.)
Mostly it was case review and Testimony from the forensic witness.

b. What characteristics of the individual helps in admitting him/her as an expert witness in

court? Mostly they should be certified. And they need to provide all necessary report
indicating they didn’t temper with any evidence. Their reputation over the period must be
intact.

c. What were the factors that prompted you to consider or hire such an expert?
In most of the cases, we weren’t able to gather or link physical evidence to the suspect.
In other cases, the suspect did not accept the accusation placed on him. There was
therefore the was the need to prove beyond reasonable doubt.

d. In what ways, if any, did you find the court's expert helpful?
The court expects was able to pinpoint the date and time that certain transactions and
conversions took place. With the help of the telcos, we could link the call time to the transaction
time on most cases. Even though not all were accepted, it gave the court a clear indication there
was some action taken by the suspect.
e. How, if at all, do you think that the use of such an expert affected the outcome of the
case?
Mostly, Experts have been the cornerstone of the understanding of very complicated
cases. Experts have really proved to be needed in every section of a forensic case.
9. Tell me about recommendations that you might make to other judges to improve their own
knowledge and awareness of digital forensic evidence.
Since the current trends in the cases are becoming more complicated, I will hope for more
training and education of forensics, to through more light on this grey area.
More Forensic labs need to be set up and standard international procedures need to be
enforced at all times.
The security forces especially (ie: the entire police force needs to have basic information above
digital forensics.)
10. In general, how do you think the use of the digital forensics method has influenced the
delivery of justice in our court?
On a scale of 1 to 10, I will say 6. This is because more needs to be done a the delivery
process. As a criminal lawyer, I expect all the processed to be accurate and very précised. But
unfortunately, other lawyers have raised genuine concerns on several cases and punched holes
in the evidence that was presented by the experts.

Digital Forensics (Digital forensic scientist only)

10. Is there any standardized procedure you follow during any forensics examination?
11. What procedure do you use during forensic examinations?
12. Do you use any software/application/algorithm to extract evidence from a digital device

Factors Influencing Digital forensics

13. From a scale of 1 to 5 describe how the following influences digital forensics investigation.
Where 1= low; 2=below average; 3=average; 4= above average; 5=High

Factors 1 2 3 4 5
Heterogeneous sources of data 3
Expanding the diversity of digital devices 4
Diversity of data 5
anti-forensics (such as artefact wiping, data hiding, trail 4
obfuscation, data encryption, and attacks against
computer forensics tools and processes)
Big volume of data 3
Legal requirements such as compliance with the law 5
Efficiency of digital forensic departments 5