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Guide to Forensic Testimony : The Art and Practice of Presenting Testimony As An Expert Technical Witness

Guide to Forensic Testimony : The Art and Practice of Presenting Testimony As An Expert Technical Witness - 03 edition

ISBN13: 978-0201752793

Cover of Guide to Forensic Testimony : The Art and Practice of Presenting Testimony As An Expert Technical Witness 03 (ISBN 978-0201752793)
ISBN13: 978-0201752793
ISBN10: 0201752794
Cover type: Paperback
Edition/Copyright: 03
Publisher: Addison-Wesley Longman, Inc.
Published: 2003
International: No

List price: $54.99

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Guide to Forensic Testimony : The Art and Practice of Presenting Testimony As An Expert Technical Witness - 03 edition

ISBN13: 978-0201752793

Fred Smith and Rebecca Bace

ISBN13: 978-0201752793
ISBN10: 0201752794
Cover type: Paperback
Edition/Copyright: 03
Publisher: Addison-Wesley Longman, Inc.

Published: 2003
International: No
Summary

Today technologists need expert witness skills. In addition to understanding the technologies that may be at issue in a given case, an effective expert witness must have an understanding of the legal system, specific courtroom communication skills, skills for enduring cross-examination and preparing for legal testimony. When new technologies are introduced, litigation about the technology and its uses is quick to follow. There are new forms of legal claims for everything from damages for the failures of enterprise networks to new uses of surveillance and the authenticity of digital evidence. Over 90 percent of all information is now created and stored in computers. Technical experts routinely come into play in investigations where evidence is suspected or where computer system behavior is relevant to the case. IT professionals, system administrators, and security consultants are increasingly being brought into the legal world, and they need to prepared.

Author Bio

Fred Chris Smith is an experienced trial attorney who directed economic crime prosecutions for four consecutive New Mexico state attorneys general. For nearly twenty years he has also developed and led education and training programs throughout the world in digital evidence and computer forensics. He currently serves as an Assistant United States Attorney Rebecca Gurley Bace is a recognized network security authority and consultant. Her career includes work with the National Security Agency, where she earned an NSA Distinguished Leadership Award, and the Computing Information and Communications Division of the Los Alamos National Laboratory, where she served as deputy security officer. She is currently president/CEO of Infidel, Inc.

Table of Contents

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 Nightmare.New Technologies and Modern Legal Disputes Require More Experts.The Expert Trend.A Wake-Up Call for IT Professionals.The Real Y2K Disaster.With Omnipresent Digital Evidence, What Case Isn't an IT Case?Technical Experts and Routine Legal Functions.

5 Chance, Coincidence, or Causation-Who Cares?Dealing with Experts in the Age of Scientific Progress.Frye v. U.S. : Distinguishing Pseudoscience from Science.Keeping Quacks and Their Technologies at Bay.Expertise in the Face of Technological Trends.Bumping Heads with Phrenology.Distinguishing Astrology from Astronomy and the Rule of Law.Why Wasn't Phrenology the Kind of Expertise the Courts Wanted?Modern Examples of Questionable Forensic Science Claims.The Economists.The Handwriting Experts.The Fingerprint Analysts.One Court's Changing Attitude about Fingerprint Forensic Evidence.The Judge Presents His Initial Decision.On Further Reflection, the Judge Changes His Mind.Scientific Methods Are No Guarantee.Learning from Pseudoscientists.When Science Turns into Art and Vice Versa.A Case in Point.The Expert Storyteller.6. Ethical Rules for Technical Experts.A Failure Analysis: Examples of Ethics-Challenged Experts.On the Importance of Knowing Where You Are (and Aren't).Lightning Strikes Again: The Case of the

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