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Exam CISSP topic 1 question 51 discussion

Actual exam question from ISC's CISSP
Question #: 51
Topic #: 1
[All CISSP Questions]

A corporation does not have a formal data destruction policy. During which phase of a criminal legal proceeding will this have the MOST impact?

  • A. Sentencing
  • B. Trial
  • C. Discovery
  • D. Arraignment
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Suggested Answer: C 🗳️
Community vote distribution
C (87%)
7%

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Bach1968
Highly Voted 6 months, 3 weeks ago
Selected Answer: C
Option C: The lack of a formal data destruction policy would have the MOST impact during the discovery phase of a criminal legal proceeding. During the discovery phase, both the prosecution and defense exchange relevant information and evidence related to the case. This includes providing documents, records, and other forms of evidence that are pertinent to the case. In the context of a criminal legal proceeding, if a corporation does not have a formal data destruction policy, it may lead to the unintentional or intentional destruction of potentially relevant evidence. This could include deleting or disposing of electronic records, documents, or other forms of data that could be crucial to the case. The discovery phase relies on the principle of transparency and providing all relevant information to both parties involved. If data destruction occurs without a formal policy in place, it can raise concerns about the integrity of the evidence and potentially impact the fairness and credibility of the legal proceeding.
upvoted 8 times
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Ivanchun
Most Recent 12 months ago
Selected Answer: C
Vote C
upvoted 1 times
jackdryan
8 months, 2 weeks ago
C is correct
upvoted 1 times
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JohnyDal
12 months ago
Selected Answer: C
Keeping data longer than necessary would result in more effort and expense during the discovery phase to search for relevant material. Answer is C.
upvoted 1 times
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Delab202
1 year ago
Selected Answer: C
Sentencing If the judge or jury finds the defendant guilty, the court will determine the punishment. Federal sentencing guidelines and similar state guidelines often define minimum and maximum sentences and identify factors the court may consider. The court may hold a separate sentencing hearing, at which the state may present evidence in support of a harsh sentence, and the defendant may request leniency by presenting evidence of mitigating factors.
upvoted 1 times
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cccispman
1 year ago
Selected Answer: A
Lets think about this question a little bit ... A company does not have any formal data destruction policy in place ! Which means the company is culpable as they have breached privacy laws. So in the criminal proceedings the judge will take this into account when passing down sentence (i.e. penalty), so I'm voting A contrary to my previous comment.
upvoted 1 times
lifre
1 week, 5 days ago
I had the same thought. But maybe we are overthinking?
upvoted 1 times
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cccispman
1 year ago
There's no such terms as 'Discovery' in criminal law. There's a trial which is normally held in a court where the evidence is tested before a jury or judge or both. Therefore, the answer should be trial.
upvoted 1 times
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somkiatr
1 year ago
Selected Answer: C
In a criminal law case, the term “discovery” refers to the process of discovering and obtaining evidence the other side plans to present. Both the prosecutor and the criminal defense lawyer engage in discovery. Each side can make a criminal discovery request. When the criminal defense attorney and asking to obtain copies of the destruction policy can cause many impact.
upvoted 1 times
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Billy235
1 year, 1 month ago
Keeping data longer than necessary would result in more effort and expense during the discovery phase to search for relevant material. Answer is C.
upvoted 1 times
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Jamati
1 year, 2 months ago
Selected Answer: C
I agree with the given answer. Company might have destroyed the data already by the time the cops come asking for it.
upvoted 1 times
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RonWonkers
1 year, 2 months ago
Selected Answer: B
Would this not be B?
upvoted 1 times
Nickolos
1 year, 1 month ago
Are you asking or stating? Because if you're stating, it would be preferable if you provide an explanation or citation. And if you're asking, then you shouldn't vote.
upvoted 10 times
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Community vote distribution
A (35%)
C (25%)
B (20%)
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