A Guide to Forensic Testimony: The Art and Practice of Presenting Testimony as an Expert Technical WitnessAddison-Wesley Professional, 2003 - 509 páginas 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. |
Contenido
Examples of Expert Witnesses and Their Communities of Interest | 1 |
Who Decides Whether an Expert Is Really an Expert? | 2 |
A Potpourri of Expert Witnesses from Other Disciplines | 3 |
Reluctant Expert Witness in My Cousin Vinny | 4 |
Fine Art Appraiser and Salvador Dali Expert | 13 |
Forensic Geologist and Clandestine Grave Expert | 16 |
Forensic Entomologist and Bug Doctor | 20 |
Approaches to Building Professional Communities of Interest | 23 |
The Effect of Gatekeeping on Expert Witnesses and the Court | 227 |
Challenges to Technical Expert Witness Evidence | 229 |
The Classic Case of Dr John Snow | 231 |
Putting Yourself in the Judges Shoes | 234 |
Expanding the Standards of Daubert | 237 |
Brainstorming Strategies and Scenarios to Prepare for Daubert Challenges | 239 |
A Hypothetical Daubert Disqualification | 241 |
The Issues of the Case | 242 |
Professional ProblemSolving Associations | 24 |
Govemment Training Programs for Forensic Experts | 26 |
In Forensics No Expert Is an Island | 29 |
Taking Testimony Seriously | 31 |
Why Should a Technical Expert Want to Work in the Legal System? | 32 |
Everyone Is Subject to Subpoena | 35 |
So What Happened in This Deposition? | 39 |
Every Transcript Tells a Story | 40 |
Quibbling with Counsel Can Be Counterproductive | 41 |
When Bad Strategy Happens to Competent Technologists | 45 |
A Learning Experience for Both Litigators and Witnesses | 49 |
What Fact Finders Say about the Importance of Testimony | 50 |
Testifying Effectively Is Not the Same as Solving Engineering Problems | 51 |
TestimonyTake Two | 52 |
If Credibility Is Always the Answer What Are the Questions? | 53 |
Creating Stories about Complex Technical Issues | 55 |
Hiding and Seeking Digital Evidence | 57 |
The Simulated Testimony of Andrew Gross | 59 |
Visualizing Grosss Technical Testimony | 72 |
Demonstrative and Substantive Graphic Evidence | 73 |
Seeking Professional Graphics Assistance | 79 |
Going Back to the Basics in a NetworkBased Plotline | 80 |
Using Familiar Analogies to Describe What Computer Experts Do | 81 |
Remembering the Real Goal of Expert Testimony | 82 |
Selecting the Visual Components of the Story Line | 83 |
Showing and Telling Is Better Than Just Telling | 84 |
Understanding the Rules of the Game | 85 |
Knights Errant as Experts | 86 |
Why Does Everyone Love to Hate Lawyers? | 89 |
Trial by Combat | 90 |
Evidence and the Advent of Testimony | 91 |
Experts Replace Bishops and Knights as Key Witnesses | 92 |
The Daubert LineCorrections in Course | 93 |
The Rules of Engagement | 94 |
State and Local Rules | 95 |
The Consulting Expert | 96 |
The Testifying Expert | 97 |
The Expert as a Witness to Fact | 98 |
On the Importance of Keeping Roles Straight | 99 |
The Complex Art of Expert Testimony | 107 |
Setting the Tone for the LawyerExpert Relationship | 110 |
Dreams and NightmaresTake Your Pick | 111 |
An Experts Nightmare | 114 |
New Technologies and Modern Legal Disputes Require More Experts | 115 |
The Expert Trend | 116 |
A WakeUp Call for IT Professionals | 117 |
The Real Y2K Disaster | 118 |
With Omnipresent Digital Evidence What Case Isnt an IT Case? | 120 |
Chance Coincidence or Causation Who Cares? | 123 |
Dealing with Experts in the Age of Scientific Progress | 124 |
Frye v US Distinguishing Pseudoscience from Science | 125 |
Keeping Quacks and Their Technologies at Bay | 126 |
Expertise in the Face of Technological Trends | 127 |
Distinguishing Astrology from Astronomy and the Rule of Law | 128 |
Why Wasnt Phrenology the Kind of Expertise the Courts Wanted? | 129 |
Modern Examples of Questionable Forensic Science Claims | 131 |
The Handwriting Experts | 132 |
The Fingerprint Analysts | 134 |
One Courts Changing Attitude about Fingerprint Forensic Evidence | 135 |
The Judge Presents His Initial Decision | 136 |
On Further Reflection the Judge Changes His Mind | 139 |
Scientific Methods Are No Guarantee | 145 |
Learning from Pseudoscientists | 146 |
When Science Turns into Art and Vice Versa | 147 |
A Case in Point | 149 |
The Expert Storyteller | 150 |
Ethical Rules for Technical Experts | 153 |
Examples of EthicsChallenged Experts | 154 |
On the Importance of Knowing Where You Are and Arent | 156 |
The Case of the Ethically Conflicted Expert | 164 |
Determining MasterServant Relationships in Litigation | 173 |
Criminal Prosecution | 174 |
Balancing the Demands of Expertise | 175 |
Ethical Principles for Information Technologists | 176 |
The Codes of Ethics | 177 |
Other Pertinent Rules | 179 |
Model Ethical Rules and Recommendations for Expert Witnesses | 180 |
Recommendations for Structural Engineer Expert Witnesses | 181 |
A Cautionary Note | 183 |
Ethical Standards for Attorneys | 184 |
Going to the Movies for More Examples | 185 |
Pushing the Ethical Boundary | 191 |
The Responsibility of the Expert Witness | 194 |
Enhancing Objectivity in a World of Bias | 195 |
Assessing the ExpertAttomey Relationship | 196 |
A Different Style of Reporting | 199 |
When Not to Document Process | 201 |
The Case of the Mystery Client | 204 |
Establishing Objectivity | 205 |
Rule 26 Reports and First Impressions | 206 |
Learning by Example | 207 |
Lessons Learned | 211 |
Too Little Too Late Too Bad | 213 |
A Little More a Little Later Doesnt Help | 216 |
Preparing Effective Reports | 223 |
Steering a Steady Objective Course | 224 |
The Gatekeeper Judicial Control of Expert Witnesses | 225 |
The Issues Surrounding the Qualification of the Experts | 245 |
The Issues in Dispute | 246 |
The Structure of the Daubert Challenge | 247 |
The Challenge Itself | 250 |
What Happens Now? | 256 |
Looking Forward to the Gatekeeping Challenge | 257 |
The Magic of Testimony Communicating with the Fact Finder | 259 |
The Paradox of Case Studies and Trial Preparation | 260 |
Why Should You Prepare for a Case That Will Never Get to Trial? | 261 |
Learning by Example | 262 |
How Does the Court Deal with the Absence of Recognized Standards? | 263 |
Presenting the Experts Qualifications | 265 |
The Devil Is in the Details | 269 |
The Parties May Be Held Responsible for Their Experts Performances | 271 |
Experts Often Quarrel for Legitimate Reasons | 272 |
The Rest of the Story | 274 |
Expert Performances Can Make Enormous Differences in Outcome | 276 |
Some Rules of Engagement for Presenting Expert Testimony | 277 |
But Shouldnt We Expect Judges and Jurors to Be Experts Too? | 278 |
Why Do Most People Respect Teachers and Authors? | 279 |
Presumptions and Burdens of Proof and Persuasion | 280 |
Coming to Terms with the Different Roles of the Expert | 283 |
Why Experts Cant Create Idiosyncratic Standards | 286 |
Beware of Those Looking for the Perfect Expert | 287 |
A Postscript to Gates v Bando | 289 |
When the Defendants Expert Is Not the Defendants Ally | 295 |
The Outcome | 297 |
What Experts Can Leam from Court Opinions | 299 |
The Role of Visual Exhibits in Expert Testimony | 301 |
Keep It Simple and Honest | 302 |
Establishing Credibility by Teaching the Basics | 303 |
Turning Students into Teachers and Advocates | 305 |
Thinking about Highly Complex Technical Processes as Pictures | 306 |
The Benefits of Using Graphics in the Opening Statement | 307 |
Graphics Speak to Both the Judge and the Jury | 310 |
Follies with Visual Aids Can Be Disastrous | 312 |
Courts Have Concerns about ComputerGenerated Evidence | 313 |
The Radiation Case Study from The Focal Point Archives | 314 |
What the Jurors Need | 318 |
Using Outlines for Technical Expert Testimony | 319 |
Using a Scoreboard to Tie It All Together | 322 |
The Risk of Argumentative Titles | 323 |
Authentication Tags for Visual Exhibits | 326 |
Dont Forget Spontaneously Generated Visual Exhibits | 328 |
Talk to the Jury Not the Exhibit | 331 |
Mesmerizing with Magnets | 332 |
Connecting the Links in the Chain | 333 |
Demeanor and Credibility | 335 |
Playing for Effect | 339 |
What Fact Finders Dont Like about the Demeanor of Experts and Attomeys | 340 |
The Unbroken Circle of Professionalism Preparation and Organization | 343 |
Is Plastic Surgery an Issue HereFace Saving Notwithstanding? | 345 |
Clarence Darrow Examines a Witness as to His Demeanor | 347 |
Techniques for FineTuning Your Courtroom Demeanor | 348 |
Getting Centered with the Martial Arts | 349 |
Does the Current Adversary Ethic Threaten or Preserve the Legal System? | 353 |
Nonverbal Communications | 355 |
Which Is More Important for Credibility? | 357 |
Lawyers and Technical Experts Generally Prefer to Read | 358 |
Notes Dont Always Help Fact Finders Remember Whats Important | 359 |
How Important Is the Quality of the Voice? | 361 |
Whats in a Nonverbal Communication? | 363 |
Facial Expressions | 364 |
Body Orientation | 365 |
Positioning and Proximity | 366 |
Vocal Qualities | 367 |
Gestures as Essential Components of Testimony and Communication | 368 |
Ultimately Its in Your Hands | 369 |
Working with Your Hand Gestures during the Course of Testimony | 371 |
Smile Partner | 372 |
Learning to Act the Part of an Expert Witness | 373 |
Putting It All Together IT Expert Roles | 375 |
Qualifications | 376 |
A Wide Variety of Expert Experiences | 377 |
On Testimony before Nonjudicial Fact Finders | 378 |
On Dealing with Logistic Issues | 382 |
Surprises amidst Lessons | 383 |
Deciding Whether to Accept an Assignment | 386 |
Conducting the Investigation and Reaching Conclusions | 387 |
Preparing to Testify at Depositions and Trial | 388 |
Testifying at Trial | 389 |
Soliciting Participants Feedback after the Trial | 390 |
Continued Education in the Legal Domain | 391 |
Qualifications | 392 |
On the Importance of Objectivity and Focus | 394 |
On the Importance of Flexibility of Role | 396 |
Lessons Learned | 398 |
Packing Your Bags and Embarking on Your Own Adventure | 399 |
Major Cases | 401 |
Daubert v Merrell Dow Pharmaceuticals Inc | 403 |
Kumho Tire Ltd v Carmichael | 419 |
Joiner v General Electric Company | 434 |
US v Carlos Ivan Llera Plaza Wilfredo Martinez Acosta and Victor Rodriguez | 447 |
Federal Rules | 481 |
Federal Rules of Evidence | 489 |
495 | |
Términos y frases comunes
Referencias a este libro
Investigating Child Exploitation and Pornography: The Internet, Law and ... Monique M. Ferraro,Eoghan Casey,Michael McGrath Vista previa limitada - 2005 |