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First International Workshop on Systematic Approaches to Digital Forensic Engineering (SADFE'05)
How to be a Digital Forensic Expert Witness
Taipei, Taiwan
November 07-November 09
ISBN: 0-7695-2478-8
Stephen C. Schroeder, Seattle University School of Law and Seattle University Computer Dept. of Science and Software

The prospect of becoming an expert witness in court can be a daunting one. The question and answer format in which you must testify can seem awkward and inefficient. Used to communicating with your IT security professional peers, you naturally use the technical terms, jargon and acronyms of the trade when describing your findings and recommendations. As part of the legal process, you must become a teacher, presenting your technical testimony in terms that laymen can understand - but without condescending.

While the general fact witness may testify only as to what he or she directly knows, an expert may present testimony using the powerful words, "in my opinion." Additionally, the expert may rely upon any information that is available, whether or not it has actually been admitted into evidence. In order to do so, however, you must be qualified by the trial court because of your skill, experience, training, or education.

While the general fact witness may testify only as to what he or she directly knows, an expert may present testimony using the powerful words, "in my opinion." Additionally, the expert may rely upon any information that is available, whether or not it has actually been admitted into evidence. In order to do so, however, you must be qualified by the trial court because of your skill, experience, training, or education.

Citation:
Stephen C. Schroeder, "How to be a Digital Forensic Expert Witness," sadfe, pp.69-88, First International Workshop on Systematic Approaches to Digital Forensic Engineering (SADFE'05), 2005
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