Digital Forensics Dr. Randy M. Kaplan Drexel University.
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Transcript of Digital Forensics Dr. Randy M. Kaplan Drexel University.
3
The Salient Questions of Testimony
Is the testimony relevant?
Is the witness believable?
Do other similarly qualified witnesses agree with these conclusions?
Is the witnesses testimony comprehensible?
Is there admissible evidence to show that the testimony is factual?
4
Roles of An Expert Witness
Consulting Expert
Court’s Expert
Testifying Expert
Expert as a Witness to Fact
5
Consulting Expert
Consulting experts provides a combination of
training
review of existing technology
advice on strategy
assessment of the competitions expert
strategy going into court
6
Court’s Expert
Similar to the consulting expert
A court appointed or stipulated expert
Serves in the consultant capacity but performs his or her technical consulting for the court itself
7
Court’s Expert
Valuable when judges preside over major cases where
both sides have their experts
expert view are wildly divergent
situation is more common then might be imagined
especially true in cases involving nascent technologies
8
Court’s Expert
This type of expert is independent
Understands arguments posed by both sides
Explains strengths and weaknesses of both arguments
9
Testifying Expert
The one that most technologists think of first when the topic of serving as an expert witness comes up
Raw functions may be similar to those of a consulting expert
Constraints are considerably different
10
Testifying Expert
Implicit ethical responsibility
to be scrupulous
to be objective
No presumption of privilege that applies to the communications between the attorney and the testifying expert
11
Testifying Expert
Any communication, electronic pr physical, is probably not confidential and subject to discovery
Typically work patterns need to be altered in order to deal with this particular issue
12
Expert as a Witness to Fact
Expert will be asked to testify as a normal, non-expert witness
Expert is only expected to testify to events he or she personally experienced, actions he or she took, or things he or she said
The expert’s technical mastery is not the central feature of the testimony