Question Everything: Computer Forensics at Sentencing
In a criminal case, the contents of your computer can be your saving grace or the nail in your coffin. This is particularly true in cases involving online offenses. But, taking the government’s word for what they found during the search of your devices is a very bad idea!
Helping us get Set For Sentencing is computer forensics expert, Tami Loehrs. She brings more than 30 years of legal and computer experience, as well as hundreds of hours of computer forensics training to the table. Ms. Loehrs gives us the straight scoop on how to defend crimes involving computers, particularly at sentencing. Her message is simple — when it comes to computer forensics, question everything!
WARNING: This episode is not for the faint of heart. Computer forensics issues most often arise in the context of offenses involving child sexual exploitation, either through the downloading and sharing of offensive images, or improper contact with minors online. These are horrible crimes, and we talk in detail about the facts of specific cases.
IN THIS EPISODE:
- The importance of using forensics to put the underlying offense in context at sentencing;
- Just because something is deleted doesn’t mean it’s deleted;
- How law enforcement routinely attempts to thwart comprehensive forensics evaluations by the defense;
- Just because it’s on your computer doesn’t mean you’re guilty;
- The need to examine devices the government ignored;
- Controlling the “re-victimization” narrative in CP sentencings;
- Do the feds have the digital tools to eradicate CP? If so, why don’t they?
Here’s an earlier episdode we did after the Supreme Court confirmation hearing of Justice Ketanji Brown Jackson, where the CP guidelines were front and center. It will give deeper context to the conversation with Ms. Loehrs: Senators Sell Sentencing Snake Oil @ KBJ Confirmation Hearing.
Another related episode is #5, Understanding Autism at Sentencing. Many of the cases involving clients on the Autism Spectrum are online offenses and therefore likely require forensics.
Lastly, if you would like to see the redacted exceprts from the sentencing video played during the podcast, please visit our YOUTUBE Channel for the video version of the podcast. While you are there, please hit the SUBSCRIBE button!