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Vol 23 No 5 May/June 2018

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Guide to Forensic Testimony

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ISBN13: 9780201752793
ISBN: 0201752794
Published: May 2002
Publisher: Pearson Education Ltd
Format: Paperback
Price: £40.99

Despatched in 8 to 10 days.

Information technology is an increasingly large factor in legal proceedings. In cases large and small, from the U.S. Government's antitrust suit against Microsoft Corporation, to civil lawsuits filed over the failure of a network, to criminal cases in which the authenticity of electronic evidence is questioned, the testimony of a technical expert is essential. But in order to be effective, an expert technical witness needs much more than an understanding of the technology in question.A Guide to Forensic Testimony is the first book to address the specific needs of the IT expert witness. It will arm you with the tools you need to testify effectively. Inside you'll find everything from an overview of basic witness responsibilities and challenges to a deeper exploration of what produces successful technical testimony. Written by a computer security authority who has served as a technical witness, and a trial attorney who focuses on how digital evidence and computer forensics are altering litigation, this book is your guide to the complicated forensic landscape that awaits the expert technical witness.This book contains a wealth of wisdom and experience from the front lines, including f;Among the topics covered are:The evolution of the expert IT witness and the growing legal dependence on technical expertiseLegal criteria established to determine the qualifications and abilities of a technical expert to stand as a witnessThe kinds of cases and problems that are apt to be encountered in digital forensic assignmentsDamage caused when the rules of professionalism and ethics are ignored or misappliedThe construction and maintenance of a solid professional relationship between expert and attorneyThe creation and use of visual tools in courtroom testimonyWays to improve the demeanor and non-verbal communication skills of the technical witnessWhether you are an information technologist asked to serve as an expert witness, a legal professional who works with information technology experts, a corporate risk manager, or a client whose interests are affected by the performance of IT experts, you will benefit greatly from A Guide to Forensic Testimony. 0201752794B09092002

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Foreword. Preface. Acknowledgments. Introduction.
1. Examples of Expert Witnesses and Their Communities of Interest. Who Decides Whether an Expert Is Really an Expert? . A Potpourri of Expert Witnesses from Other Disciplines. Mona Lisa Vito: Reluctant Expert Witness in My Cousin Vinny. Bernard Ewell: Fine Art Appraiser and Salvador Dali Expert. J.W. Lindemann: Forensic Geologist and Clandestine Grave Expert. Madison Lee Goff: Forensic Entomologist and Bug Doctor. Approaches to Building Professional Communities of Interest. Professional Problem-Solving Associations. Government Training Programs for Forensic Experts. In Forensics, No Expert Is an Island.
2. Taking Testimony Seriously. Why Do So Many People Cringe at the Thought of Testifying? Why Should a Technical Expert Want to Work in the Legal System? Everyone Is Subject to Subpoena. So What Happened in This Deposition? Every Transcript Tells a Story. Quibbling with Counsel Can Be Counterproductive. When Bad Strategy Happens to Competent Technologists. A Learning Experience for Both Litigators and Witnesses. What Fact Finders Say about the Importance of Testimony. Testifying Effectively Is Not the Same as Solving Engineering Problems. Testimony Take Two. If Credibility Is Always the Answer, What Are the Questions? 3. Creating Stories about Complex Technical Issues. U.S. v. Mitnick: A Case That Defined the Internet Threat. Hiding and Seeking Digital Evidence. The Simulated Testimony of Andrew Gross. Visualizing Gross's Technical Testimony. Demonstrative and Substantive Graphic Evidence. Seeking Professional Graphics Assistance. Choosing the Focus for Visual Aids. Considering Which Elements to Emphasize. Going Back to the Basics in a Network-Based Plotline. Using Familiar Analogies to Describe What Computer Experts Do. Remembering the Real Goal of Expert Testimony. Selecting the Visual Components of the Story Line. Showing and Telling Is Better Than Just Telling.
4. Understanding the Rules of the Game. Knights Errant as Experts. Why Does Everyone Love to Hate Lawyers? Trial by Combat. Evidence and the Advent of Testimony. Experts Replace Bishops and Knights as Key Witnesses. The Daubert Line Corrections in Course. The Rules of Engagement. Federal Rules. State and Local Rules. The Roles of an Expert Witness. The Consulting Expert. The Court's Expert. The Testifying Expert. The Expert as a Witness to Fact. On the Importance of Keeping Roles Straight. When Consulting Experts Are Asked to Testify. The Complex Art of Expert Testimony. A Game within a Game. Setting the Tone for the Lawyer-Expert Relationship. Dreams and Nightmares Take Your Pick. An Expert's Dream. An Expert's