By Fred Chris Smith
Details expertise is an more and more huge think about criminal lawsuits. In circumstances huge and small, from the U.S. Government's antitrust go well with opposed to Microsoft company, to civil complaints filed over the failure of a community, to legal instances within which the authenticity of digital facts is puzzled, the testimony of a technical professional is vital. yet in an effort to be powerful, a professional technical witness wishes even more than an realizing of the expertise in question.A advisor to Forensic Testimony is the 1st e-book to handle the explicit wishes of the IT professional witness. it is going to arm you with the instruments you must testify successfully. within you will find every little thing from an summary of uncomplicated witness obligations and demanding situations to a deeper exploration of what produces profitable technical testimony. Written by means of a working laptop or computer defense authority who has served as a technical witness, and a tribulation legal professional who specializes in how electronic proof and computing device forensics are changing litigation, this publication is your consultant to the complex forensic panorama that awaits the professional technical witness.This publication encompasses a wealth of knowledge and event from front strains, together with firsthand bills of the demanding situations confronted by way of specialist technical witnesses, functional in-court examples, and precious recommendation. one of the themes lined are:The evolution of the professional IT witness and the starting to be felony dependence on technical services criminal standards proven to figure out the skills and skills of a technical professional to face as a witness the types of circumstances and difficulties which are apt to be encountered in electronic forensic assignments harm triggered whilst the foundations of professionalism and ethics are overlooked or misapplied the development and upkeep of an effective expert dating among professional and lawyer The production and use of visible instruments in court docket testimony how you can enhance the demeanor and non-verbal conversation talents of the technical witnessWhether you're a knowledge technologist requested to function a professional witness, a attorney who works with info know-how specialists, a company hazard supervisor, or a shopper whose pursuits are suffering from the functionality of IT specialists, you are going to gain tremendously from A consultant to Forensic Testimony.
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Extra info for A Guide to Forensic Testimony: The Art and Practice of Presenting Testimony as an Expert Technical Witness
When he first became involved in forensics, medical investigators did not regard insects as a significant source of information and seldom used such evidence in cases in which proof of the time, place, or other conditions relating to the cause of death was important. In the world of IT, it is practically a given that information is available. In fact, too much evidence is often the main problem for computer and network forensic detectives. Nevertheless, in IT forensic analysis, as with the beginnings of forensic entomology and any other new forensic frontiers of a science or technology, there is always the need to educate the public as well as the legal and forensic communities about the potential of IT forensic evidence.
In fact, as we will see in great detail in subsequent chapters of this book, the rules of procedure for both civil and criminal trials together with the reasonable exercise of judicial discretion by the courts attentuate the most objectionable of these behaviors. In particular, they require the parties to disclose nearly everything in the process of discovery and pretrial litigation. Many things about the legal system's tradition and philosophy allow the opposing parties to test each other's theories and proof, including their respective expert's qualifications, methods, and opinions.
8]  Jones, Mark, ed. Fake? The Art of Deception. Berkeley, CA: University of California Press, 1990, p. 11. For IT experts, such authentication and appraisal work may involve the forensic reconstruction of data in a computer, network behavior in an intrusion case, penetration testing and reconstruction of system security in connection with an allegation of inadequate security or application failures, and the identification and authentication of digital evidence and its authors or users in civil discovery disputes, spoliation litigation, or criminal prosecutions.
A Guide to Forensic Testimony: The Art and Practice of Presenting Testimony as an Expert Technical Witness by Fred Chris Smith