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13 Digital Evidence & Elec. Signature L. Rev. 1 (2016)

handle is hein.journals/digiteeslr13 and id is 1 raw text is: 




EDITORIAL


We  have the usual a cornucopia of articles and
translations in this edition - a tribute to those
practitioners and legal academics that have made
themselves  aware of the substantial issues
surrounding evidence  in digital form.

Few  institutions teach the topic, even after the two
excellent articles published in the journal in 2013 by
Denise H. Wong,  'Educating for the future: teaching
evidence in the technological age' and Deveral Capps,
'Fitting a quart into a pint pot: the legal curriculum
and meeting  the requirements of practice'.

Professor Michael Hannon  began  giving a seminar on
digital evidence in 2015 (Digital Evidence - 6867) at
the University of Minnesota; Tbnu Mets, a doctoral
fellow and member   of the Law Faculty at Tartu Ulikool
in Estonia includes exercises in digital evidence each
year for students on the law degree; Professor Ball
has run a seminar entitled 'Electronic Discovery and
Digital Evidence' at the University of Texas in Austin
since 2013, and Edinburgh Law School at the
University of Edinburgh offer a module entitled
'Forensic Computing and  Electronic Evidence' to the
LLM  in Information Technology.

Are these the only courses? How long do people that
rely on the education and training of judges and
lawyers have to wait before suitable training is part of
the process on becoming  a lawyer?

Sir Thomas P Winsor, Her Majesty's Chief Inspector of
Constabulary, has finally begun to recognise the
problem:'

        Sir Thomas P Winsor, State of Policing 2015
        The Annual Assessment  of Policing in England
        and Wales  (Her Majesty's Chief Inspector of
        Constabulary, 20162), at 76 (see also
        comments   at 19, 39 and 75):


1 Stephen Mason and Nicholas Bohm, 'Banking and Fraud' a written
submission to the Treasury Committee on 17 January 2011,
httD:/!www aublications~parliament uk/Ra/cm2Ol 01 1 /cmselecticmtrea
sv/430/430vw25.htm.
2 httes://www.iusticeinsfectorates2ov.u'hmic/w -
content/uoloads/state-of-olicini-201 5. odf.


                'Digital crime's prevalence is no
                longer the exclusive domain of a
                specialist squad at a regional or
                national level. ...

                There needs to be greater awareness
                of the scale and effects of digital
                crime at national and local levels and
                there need to be more effective
                leadership and governance
                arrangements  to manage  the threat
                which digital crime poses.



                As part of our all-force inspection
                programme,  we  will continue to
                assess the local response to digital
                crime and how  well each force is
                progressing.'

        Real lives, real crimes A study of digital crime
        and policing (Her Majesty's Inspectorate of
        Constabulary, 2015)3

In England & Wales, the Bar Standards Board,
responsible for regulating Barristers, naturally
includes the topic of evidence that must be taught on
the Bar Professional Training Course,4 yet has not
expanded  the requirement  to specifically include
evidence in digital form. Why not?


                       @  Stephen   Mason,   2016


'https:i/www.justiceinspectorates.gv.uk'hmic/wp-
content/up~loads/rea-ives-rea-crimes-a-stiUd-ofdriita-crime-and-
2glicinci~odf.
4 https://www.barstandardsboard.orcj.uk/media/1 623977!'bptc handbo
ok 2014-15 final to be published pdf.12df .


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I 1

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