Evidential Reasoning for Forensic Readiness
Peer reviewed, Journal article
MetadataShow full item record
Original versionThe Journal of Digital Forensics, Security and Law. 2016, 11 (1), 37-52. 10.15394/jdfsl.2016.1372
To learn from the past, we analyse 1,088 "computer as a target" judgements for evidential reasoning by extracting four case elements: decision, intent, fact, and evidence. Analysing the decision element is essential for studying the scale of sentence severity for cross-jurisdictional comparisons. Examining the intent element can facilitate future risk assessment. Analysing the fact element can enhance an organization's capability of analysing criminal activities for future offender profiling. Examining the evidence used against a defendant from previous judgements can facilitate the preparation of evidence for upcoming legal disclosure. Follow the concepts of argumentation diagrams, we develop an automatic judgement summarizing system to enhance the accessibility of judgements and avoid repeating past mistakes. Inspired by the feasibility of extracting legal knowledge for argument construction and employing grounds of inadmissibility for probability assessment, we conduct evidential reasoning of kernel traces for forensic readiness. We integrate the narrative methods from attack graphs/languages for preventing confirmation bias, the argumentative methods from argumentation diagrams for constructing legal arguments, and the probabilistic methods from Bayesian networks for comparing hypotheses.