By Fred Chris Smith
Info know-how is an more and more huge consider felony court cases. In instances huge and small, from the U.S. Government's antitrust go well with opposed to Microsoft company, to civil proceedings filed over the failure of a community, to legal circumstances during which the authenticity of digital proof is wondered, the testimony of a technical specialist is key. yet with the intention to be powerful, knowledgeable technical witness wishes even more than an knowing of the know-how in question.A consultant to Forensic Testimony is the 1st e-book to handle the categorical wishes of the IT specialist witness. it is going to arm you with the instruments you must testify successfully. inside of you will discover every little thing from an summary of easy witness obligations and demanding situations to a deeper exploration of what produces profitable technical testimony. Written by means of a working laptop or computer safety authority who has served as a technical witness, and an ordeal lawyer who specializes in how electronic facts and machine forensics are changing litigation, this ebook is your advisor to the advanced forensic panorama that awaits the professional technical witness.This booklet includes a wealth of knowledge and event from front strains, together with firsthand money owed of the demanding situations confronted by way of specialist technical witnesses, sensible in-court examples, and priceless recommendation. one of the issues lined are:The evolution of the professional IT witness and the turning out to be criminal dependence on technical services criminal standards validated to figure out the skills and skills of a technical professional to face as a witness the categories of circumstances and difficulties which are apt to be encountered in electronic forensic assignments harm triggered while the principles of professionalism and ethics are missed or misapplied the development and upkeep of a fantastic expert dating among professional and legal professional The construction and use of visible instruments in court docket testimony how one can enhance the demeanor and non-verbal communique talents of the technical witnessWhether you're a knowledge technologist requested to function a professional witness, a lawyer who works with info know-how specialists, a company probability supervisor, or a consumer whose pursuits are laid low with the functionality of IT specialists, you'll gain vastly from A consultant to Forensic Testimony.
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Additional resources for A Guide to Forensic Testimony: The Art and Practice of Presenting Testimony as an Expert Technical Witness
Once again the sexist prosecutor comes to Vinny's aid. Having nowhere to go with his challenge to her qualifications, since she has testified to her family tradition and her experience as a mechanic practicing with these other experts, the prosecutor next frames a question that appears to be highly technical. However, he poses it as if it were a fair test of Mona Lisa's experience and ability to provide a technical solution to a hypothetical mechanical problem. The witness instantly recognizes that the prosecutor has asked her a trick question, and she refuses to answer it.
It is not unusual for an attorney and his or her expert to simply fail to consider all of the facts that have a bearing on the issues in the case. In fact, sometimes an attorney requests only a selective review of all the available facts. Experts who do not insist on accessing all the relevant and material facts risk being placed in the position of the FBI forensic expert in My Cousin Vinny. And experts, unaided by screenwriters' scenarios, need ample time and resources to properly prepare for their testimony.
But when the jury returns, each reassumes correct courtroom demeanor and the trial continues.   Goff, A Fly for the Prosecution, p. 174. IT experts, like other forensic expert witnesses, should learn to appreciate not only the many lawyer jokes that are often told at times like these but also the stories that lawyers and judges love to tell about experts, complete with examples of preposterous or incomprensible testimony. Both experts and attorneys today play important roles in resolving some of the most controversial and important problems in our society.
A Guide to Forensic Testimony: The Art and Practice of Presenting Testimony as an Expert Technical Witness by Fred Chris Smith