Barriers To Cybercrime Cases Within The Criminal Justice System

Barriers To Cybercrime Cases Within The Criminal Justice System

Introduction

Over the past few years, rapid advances in technology and easier access to it have greatly facilitated investigation and prosecution processes in cases of cybercrime. However, the same technological advances have also have impeded criminal investigations into these cases as cybercriminals have developed newer and more complex means to carry out crimes on the worldwide web while being virtually untraceable (Casey,2007).This paper reviews some of the major factors that have created hindrances in investigations into cases of cybercrime and recommends solutions to the problems.

From the time of their inception, computer and information technology have both undergone countless paradigm shifts. Today, computers have facilitated the transfer of large volumes of data from one corner of the globe to another in a matter of seconds. However, the sheer volume of data being transferred on the internet has overwhelmed investigators of cybercrime who have to analyze terabytes of data and even decrypt codes at times in order to gain access to incriminating evidence against cybercriminals (Casey,2007).Some of the major barriers to effective investigation of cybercrime cases are:

Obtainment of a Witness' cooperation and testimony

Choosing the Appropriate Jurisdiction

Logistical and Practical Barriers

Identifying Suspects

Discussion

The term 'cybercrime' is used synonymously with a host of criminal activities that are carried out with the use of computer technology. Apart from hacking and spamware, cybercrimes also include more traditional criminal activities that are carried out through the internet such as hate crimes, internet fraud, fraudulent marketing, credit card account theft, identity theft (Johnson, 2006). All these activities have been termed criminal offenses by the US justice department and anyone found guilty of committing one or more of these criminal activities is liable to criminal prosecution.

However, investigation of cases of cybercrime and prosecution of cybercriminals present a myriad of impediments to investigators working in the US Justice Department. This is mainly they lack the means to bring the perpetrators of such crimes to justice. This has encouraged cybercriminals to from all around the world to commit criminal activities without fear of legal repercussions (Cross&Shinder, 2008).It is imperative that the various barriers to effective investigation of cybercrime cases are identified before the US Department of Justice seeks effective solutions to overcome them. Some of these barriers are explained below:

i. Obtainment of a Witness'cooperation and testimony

The very first barrier that investigators are confronted with when reviewing a case of cybercrime is securing the support of a witness or complainant. This is largely due to the fact that in a vast majority of cases of this particular nature, the victim of the crime shows reluctance to report the case to the law enforcement department. In a recent survey on business fraud conducted by Ernst & Young, it was found that 25% of the overall acts frauds committed by cybercriminals were eventually reported to the police.

The survey also determined that only 28% of the overall number of respondents in the survey wereactually content with the resulting ...