Chapter 15 "Expert testimony in digital investigations". This chapter explains the rules of evidence and procedure as they apply to testimony. You learn about the types of testimony for trials, depositions, and hearings and the difference between a fact witness and an expert witness. | Guide to Computer Forensics and Investigations Fifth Edition Chapter 15 Expert Testimony in Digital Investigations Guide to Computer Forensics and Investigations, Fifth Edition Objectives Explain guidelines for giving testimony as a fact witness or an expert witness Describe guidelines for testifying in court Explain guidelines for testifying in depositions and hearings Describe procedures for preparing forensics evidence for testimony Guide to Computer Forensics and Investigations, Fifth Edition Preparing for Testimony Fact witness Provides facts found in investigation Explain what evidence is and how it was obtained Does not offer conclusions, only facts Expert witness Has opinions based on observations Opinions are formed from experience and deductive reasoning Opinions make the witness an expert Guide to Computer Forensics and Investigations, Fifth Edition Preparing for Testimony For either types of testimony: Establish communication early with attorney Learn about the | Guide to Computer Forensics and Investigations Fifth Edition Chapter 15 Expert Testimony in Digital Investigations Guide to Computer Forensics and Investigations, Fifth Edition Objectives Explain guidelines for giving testimony as a fact witness or an expert witness Describe guidelines for testifying in court Explain guidelines for testifying in depositions and hearings Describe procedures for preparing forensics evidence for testimony Guide to Computer Forensics and Investigations, Fifth Edition Preparing for Testimony Fact witness Provides facts found in investigation Explain what evidence is and how it was obtained Does not offer conclusions, only facts Expert witness Has opinions based on observations Opinions are formed from experience and deductive reasoning Opinions make the witness an expert Guide to Computer Forensics and Investigations, Fifth Edition Preparing for Testimony For either types of testimony: Establish communication early with attorney Learn about the victim, the complainant, opposing experts or fact witnesses, and the opposing attorney Learn the basic points of dispute Keep notes in rough draft form and record only facts Keep opinions to a minimum Guide to Computer Forensics and Investigations, Fifth Edition Preparing for Testimony Confirm your findings with documentation Corroborate them with other peers Digital forensics is only now developing a peer review process Check opposing experts to find strengths and weaknesses Internet Curriculum vitae Deposition banks Guide to Computer Forensics and Investigations, Fifth Edition Preparing for Testimony When preparing your testimony consider the following questions: What is my story of the case? What can I say with confidence? What is the client’s overall theory of the case? How does my opinion support the case? What is the scope of the case? Have I gone too far? Have I identified the client’s needs for how my testimony fits into the overall theory of the case? Guide to .
