| OverviewInformation technology is an increasingly large factor in legal
proceedings. In cases large and small, from the U.S. Government's
antitrust suit against Microsoft Corporation, to civil lawsuits
filed over the failure of a network, to criminal cases in which the
authenticity of electronic evidence is questioned, the testimony of
a technical expert is essential. But in order to be effective, an
expert technical witness needs much more than an understanding of
the technology in question. A Guide to Forensic Testimony is the first book to
address the specific needs of the IT expert witness. It will arm
you with the tools you need to testify effectively. Inside you'll
find everything from an overview of basic witness responsibilities
and challenges to a deeper exploration of what produces successful
technical testimony. Written by a computer security authority who
has served as a technical witness, and a trial attorney who focuses
on how digital evidence and computer forensics are altering
litigation, this book is your guide to the complicated forensic
landscape that awaits the expert technical witness. This book contains a wealth of wisdom and experience from the
front lines, including firsthand accounts of the challenges faced
by expert technical witnesses, practical in-court examples, and
helpful advice. Among the topics covered are: The evolution of the expert IT witness and the growing legal
dependence on technical expertise Legal criteria established to determine the qualifications and
abilities of a technical expert to stand as a witness The kinds of cases and problems that are apt to be encountered
in digital forensic assignments Damage caused when the rules of professionalism and ethics are
ignored or misapplied The construction and maintenance of a solid professional
relationship between expert and attorney The creation and use of visual tools in courtroom
testimony Ways to improve the demeanor and non-verbal communication
skills of the technical witness
Whether you are an information technologist asked to serve as an
expert witness, a legal professional who works with information
technology experts, a corporate risk manager, or a client whose
interests are affected by the performance of IT experts, you will
benefit greatly from A Guide to Forensic
Testimony.
0201752794B09092002
Editorial ReviewsProduct DescriptionAddresses the specific needs of the IT expert witness. Focuses on how digital evidence and computer forensics are altering litigation. Your guide to the complicated forensic landscape that awaits the expert technical witness. Softcover. |
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Reader Reviews From Amazon (Ranked by 'Helpfulness') Average Customer Rating: based on 8 reviews. Too little known effort that explains the essence of forensics testimony, 2008-06-16 Reviewer rating: This is an under-appreciated book. I've met only one person in my area (computer forensics) who had heard of it. Of all the lawyers, judges and other forensics experts I've mentioned it to, none had ever heard of it - which is a pity. This book attempts to explain what an expert technical witness does and how they should be employed.
The lay public, in general, has a distorted view of the value of forensic data and how it is used. While the general press is loaded with stories of DNA, the more mundane aspects of forensics deal with things like why a metal support may have failed or, in my area, determining if certain data existed in a computer storage device. Billions of dollars can be at risk when a technical expert witness testifies - and all too often, the witness, the lawyers, the judge and (if there is one) the jury are clueless to some extent.
This book tries to educate the technical expert witness as to their responsibilities to the court. Most expert witnesses I've encountered don't have a clue as to the judicial rules they operate under: this book, much to its credit, explains the basics.
"A Guide To Forensic Testimony" does have it weaknesses. It tries to cover too much territory, I think, such as "non-verbal communication". While telling someone not to pick their nose while testifying is important, this kind of book may not be the appropriate place. (The example, by the way, doesn't appear in the book, but the suggestions offered are just as elementary.)
On the whole, this is an interesting, helpful book which every technical expert who may be called upon to testify would benefit from reading. Be prepared, however, for a slow read. The authors' writing style is a bit pedantic.
Jerry | Great for imaging forensics too!, 2007-11-26 Reviewer rating: Though not technically an IT person, as an expert in forensic imaging I found this an excellent resource. I especially enjoyed the treatment of the applicable court cases found at the end of the book.
This one is on my must have list.
Jim Hoerricks
http://forensicphotoshop.blogspot.com
Author of Forensic Photoshop - a comrehensive imaging workflow for forensic professionals | Great Information For Criminal and Civil Case Forensics, 2005-02-06 Reviewer rating: There are many books on computer forensics investigations and incident response, but you won't find too many that tell you what you need to know to take the results of those forensic investigations and make it stand up in court. A Guide to Forensic Testimony (The Art and Practice of Presenting Testimony as an Expert Technical Witness) is an excellent book on this subject. Fred Chris Smith and Rebecca Gurley Bace share their knowledge and experience of the legal system and what it takes to make your computer forensic evidence stand up in court and what you need to do to sell yourself as an expert witness and stand up to cross-examination. The book covers a lot of legal technicalities as well as ethical and professional issues.
(...) | Leads through a legal minefield, 2004-06-29 Reviewer rating: After reading this book - more than once, I might add, I came away with a few impressions: (1) Law and the legal domain are as logic-driven as the IT profession for which this book is written.
(2) What may make perfect common sense to a non-legal professional is not necessarily in line with the legal view.
(3) The scope of this book goes far beyond how to present forensic testimony as an IT security professional. The authors establish a context for what it means to be an expert witness, and the basics (testimony, key cases to lay groundwork, and illustrating examples). By chapter 4, Understanding the Rules of the Game, you may find yourself mired down in more detail than you think necessary; however, it is within the morass of details where you'll start to see the complexity of the legal process. And complex it is. The dissection of key cases, how experts made a difference (either way), and cited cases that show how the law is evolving are necessary background information for any IT professional, either as an expert witness, as a plaintiff, or as a defendant. If you do wind up in court as a witness (expert or not) in a security, contract or other case (criminal or legal), turn to chapters 9 (testimony), 11 (demeanor and credibility), and 12 (non-verbal communication). These will quickly prep you. If you are going as an expert witness I advise you to cram, especially every chapter starting with Chapter 5. Who else should read this book? Any IT professional who is involved with contracts, quality, consulting, or product development. Chances are you may wind up in court at some point, and this material is as applicable in many cases to anyone called as a witness as it is to expert witnesses. While this book is not easy to plow through, and the details may seem to fine-grained or to overwhelming, it will prepare you for your day in court. | Very good book, but a bit wordy., 2003-09-02 Reviewer rating: This is a very good book, but a bit wordy. The authors go into a lot of legal detail. If you are not a lawyer, you can skip these sections, which make up about a third of the book. But besides that, it is a very good book. |
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