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Computer seizure as technique in forensic investigationNdara, Vuyani 19 March 2014 (has links)
The problem encountered by the researcher was that the South African Police Service Cyber-Crimes Unit is experiencing problems in seizing computer evidence. The following problems were identified by the researcher in practice: evidence is destroyed or lost because of mishandling by investigators; computer evidence is often not obtained or recognised, due to a lack of knowledge and skills on the part of investigators to properly seize computer evidence; difficulties to establish authenticity and initiate a chain of custody for the seized evidence; current training that is offered is unable to cover critical steps in the performance of seizing computer evidence; computer seizure as a technique requires specialised knowledge and continuous training, because the information technology industry is an ever-changing area.
An empirical research design, followed by a qualitative research approach, allowed the researcher to also obtain information from practice. A thorough literature study, complemented by interviews, was done to collect the required data for the research. Members of the South African Police Cyber-crime Unit and prosecutors dealing with cyber-crime cases were interviewed to obtain their input into, and experiences on, the topic.
The aim of the study was to explore the role of computers in the forensic investigation process, and to determine how computers can be seized without compromising evidence. The study therefore also aimed at creating an understanding and awareness about the slippery nature of computer evidence, and how it can find its way to the court of law without being compromised. The research has revealed that computer crime is different from common law or traditional crimes. It is complicated, and therefore only skilled and qualified forensic experts should be used to seize computer evidence, to ensure that the evidence is not compromised. Training of cyber-crime technicians has to be priority, in order to be successful in seizing computers. / Department of Criminology / M.Tech. (Forensic Investigation)
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The role of the investigator in the prosecution processNkashe, Manyedi Solomon 05 1900 (has links)
The process of investigation, which begins when a crime is reported and ends after a suspect has been convicted or discharged by a court of law, is a mammoth task which requires cooperation between various stakeholders, such as investigators and prosecutors. The purpose of this study was to determine the role of the specialized commercial crime investigators in the prosecution process. The study evaluated and explored the status of the current roles played by these investigators with the intention of recommending changes that could improve investigator practice. Two research questions were posed. First, the researcher endeavoured to find answers to a question regarding what the prosecution process entails. Secondly, the researcher sought to establish the roles of the specialised commercial crime investigator in the prosecution process. It was envisaged that the answers to these questions could be obtained from specialised commercial crime investigators and prosecutors deployed in the commercial crimes courts. On this basis two samples were chosen, with nine investigators from the Gauteng North office of the Specialised Commercial Crimes Unit and four prosecutors from the Specialised Commercial Crimes Court in Gauteng North. Some of the findings were that the investigators in trying to fulfil their roles of investigations have an adverse impact on the investigation and successful prosecution of offenders, which in turn lead to recidivism and apathy among the communities being served by the police and the
justice system in general. The image of the police, particularly that of the commercial crime investigators, is often negated and the justice system is portrayed as a failure in addressing the problem of crime. The conclusions drawn from the data were that the roles of investigators in the prosecution process are mandatory as they are legislated rather that persuasive and that investigators cannot rely on prosecutors to handle all aspects of investigation once a case has been handed over to the prosecution. Apart from a lack of knowledge about these roles, it was established that some investigators deliberately ignore their roles in this relationship. It is proposed that dedicated training should be afforded to investigators and prosecutors above their existing training, with a focus on how to take part in the prosecution process. Investigators should be informed that their responsibilities in the prosecution process are a result of legislation and that failure to satisfy the legislation will carry adverse consequences for the investigation itself, the prosecution and the other stakeholders. / Criminal and Procedural Law / M.Tech. (Forensic Investigations)
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Regulation of the private security industrySiebrits, Louis Lourens 11 1900 (has links)
The regulation of the private security industry has been an issue of debate for a number of years in
South Africa, as well as in the rest of the world. The debate mainly centers around issues such as the
need for regulation in this Industry and the objectives of regulation. This thesis argues that regulation
is of utmost importance in this Industry and furthermore, that the objective ofregulation should be
to set standards in the Industry. If this is the case, the protection of the public interest will be a
natural result of regulating the standards.
In addition, this thesis argues for the inclusion of the private investigator into the scope of regulation
and suggests that this sector should ultimately be regulated through the means of separate legislation.
This thesis furthermore provides two models for the regulation of the private security industry in
South Africa. These models are described as the Semi-Integrated Wide Model (SIWM) and the Fully
Integrated Wide Model (FIWM). These two models provide Government with the option of
regulating the Industry without alienating the latter. Government will still have the ultimate
responsibility for regulation, but will allow the Industry to be central in setting standards and
requirements. In this way, the Industry will not regulate itself and Government will have the ultimate
responsibility of protecting the interests of the public and the State / Police Practice / D. litt. et. Phil. (Police Science)
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Regulation of the private security industrySiebrits, Louis Lourens 11 1900 (has links)
The regulation of the private security industry has been an issue of debate for a number of years in
South Africa, as well as in the rest of the world. The debate mainly centers around issues such as the
need for regulation in this Industry and the objectives of regulation. This thesis argues that regulation
is of utmost importance in this Industry and furthermore, that the objective ofregulation should be
to set standards in the Industry. If this is the case, the protection of the public interest will be a
natural result of regulating the standards.
In addition, this thesis argues for the inclusion of the private investigator into the scope of regulation
and suggests that this sector should ultimately be regulated through the means of separate legislation.
This thesis furthermore provides two models for the regulation of the private security industry in
South Africa. These models are described as the Semi-Integrated Wide Model (SIWM) and the Fully
Integrated Wide Model (FIWM). These two models provide Government with the option of
regulating the Industry without alienating the latter. Government will still have the ultimate
responsibility for regulation, but will allow the Industry to be central in setting standards and
requirements. In this way, the Industry will not regulate itself and Government will have the ultimate
responsibility of protecting the interests of the public and the State / Police Practice / D. litt. et. Phil. (Police Science)
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Evaluating the training techniques in the detective learning programmes in the in-service training centres of the Western CapeScheepers, Sandra 31 March 2008 (has links)
The research project investigated the basic detective training courses presented in the two training institutions of the Western Cape Province namely Paarl Detective Academy and Philippi In-Service Training Centre. The two courses that were researched were the Detective Learning programme of Paarl and the Introduction to Crime Investigation of Philippi. The focus of the research was on the training techniques used in the facilitation of these programmes. The research was done with interviews of focus groups of learners that were attending the courses. Individual interviews were held with trainers of both the training institutions. Observation was done in the classes at the two training institutions during the facilitation of the courses. Although the training techniques could be more advanced, other aspects were identified that was of a bigger concern for the learners and trainers alike. The recommendations drawn from conclusions of the data obtained may offer some solutions to the identified problems. / Criminology / (M. Tech. (Policing))
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Evaluating the training techniques in the detective learning programmes in the in-service training centres of the Western CapeScheepers, Sandra 31 March 2008 (has links)
The research project investigated the basic detective training courses presented in the two training institutions of the Western Cape Province namely Paarl Detective Academy and Philippi In-Service Training Centre. The two courses that were researched were the Detective Learning programme of Paarl and the Introduction to Crime Investigation of Philippi. The focus of the research was on the training techniques used in the facilitation of these programmes. The research was done with interviews of focus groups of learners that were attending the courses. Individual interviews were held with trainers of both the training institutions. Observation was done in the classes at the two training institutions during the facilitation of the courses. Although the training techniques could be more advanced, other aspects were identified that was of a bigger concern for the learners and trainers alike. The recommendations drawn from conclusions of the data obtained may offer some solutions to the identified problems. / Criminology and Security Science / (M. Tech. (Policing))
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A hidden life : how EAS (Era Appropriate Science) and professional investigators are marginalised in detective and historical detective fictionDormer, Mia Emilie January 2017 (has links)
This by-practice project is the first to provide an extensive investigation of the marginalisation of era appropriate science (EAS) and professional investigators by detective and historical detective fiction authors. The purpose of the thesis is to analyse specific detective fiction authors from the earliest formats of the nineteenth century through to the 1990s and contemporary, selected historical detective fiction authors. Its aim is to examine the creation, development and perpetuation of the marginalisation tradition. This generic trend can be read as the authors privileging their detective’s innate skillset, metonymic connectivity and deductive abilities, while underplaying and belittling EAS and professional investigators. Chapter One establishes the project’s critique of the generic trend by considering parental authors, E. T. A Hoffmann, Edgar Allan Poe, Émile Gaboriau and Wilkie Collins. Reading how these authors instigated and purposed the downplaying demonstrates its founding within detective fiction at the earliest point. By comparing how the authors sidelined and omitted specific EAS and professional investigators, alongside science available at the time, this thesis provides a framework for examining how it continued in detective fiction. In following chapters, the framework established in Chapter One and the theoretical views of Charles Rzepka, Lee Horsley, Stephen Knight and Martin Priestman, are used to discuss how minimising EAS and professional investigators developed into a tradition; and became a generic trend in the recognised detective fiction formula that was used by Sir Arthur Conan Doyle, Freeman Wills Crofts, H. C. Bailey, R. Austin Freeman, Agatha Christie, Ruth Rendell and P. D. James. I then examine how the device transferred to historical detective fiction, using the framework to consider Ellis Peters, Umberto Eco and other selected contemporary authors of historical detective fiction. Throughout, the critical aspect considers how the trivialisation developed and perpetuated through a generic trend. The research concludes that there is a trend embedded within detective and historical detective fiction. One that was created, developed and perpetuated by authors to augment their fictional detective’s innate skillset and to help produce narratives using it is a creative process. It further concludes that the trend can be reimagined to plausibly use EAS and professional investigators in detective and historical detective fiction. The aim of the creative aspect of the project is to employ the research and demonstrate how the tradition can be successfully reinterpreted. To do so, the historical detective fiction novel A Hidden Life uses traditional features of the detective fiction formula to support and strengthen plausible EAS and professional investigators within the narrative. The end result is a historical detective fiction novel. One that proves the thesis conclusion and is fundamentally crafted by the critical research.
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