A Guide to Forensic Testimony: The Art and Practice of Presenting Testimony as an Expert Technical Witness

By Fred Chris Smith and Rebecca Gurley Bace

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.

• Format: Paperback
• Language: English
• ISBN: 0201752794
• ISBN13: 9780201752793
• Release Date: January 2002
• Publisher: Addison-Wesley Professional
• Length: 560 Pages
• Weight: 2.10 lbs.
• Dimensions: 1.2" x 7.3" x 9.4"

Customer Reviews

What a deal!

Glad I came here to shop! The book was just as promised, a very good price, & arrived before the scheduled ship date! Will shop here again, if possible! Thanks again!

Too little known effort that explains the essence of forensics testimony

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!

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

Leads through a legal minefield

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.

Should be much thinner, but informative nonetheless

My four star rating of "A Guide to Forensic Testimony" (AGTFT) is based on the text's novelty and its desire to truly help expert witnesses. Anyone who expects to testify regarding technical issues will benefit from reading this book, although they could learn just as much by reading the "Cliff Notes" version. AGTFT shines in certain respects. Chapter 2's excerpts from Bill Gates' testimony in Microsoft's trial, chapter 4's description of the roles of expert witnesses, and chapter 8's discussion of expert witness qualifications were excellent. Succinct, educational guidance on producing effective visual aids appeared in chapter 10. I also appreciated the wisdom Gene Spafford shared with readers in chapter 13. Elsewhere, however, I repeatedly question the dozens of pages devoted to irrelevant digressions. Before chapter one even begins, the reader is faced by 45 pages of preface, introductions, and so on. Once in the main text, the reader must contend with far too many lengthy excerpts from court decisions. I'm sure the authors and editors wrestled with the problem of how much of each reference should be included. Unfortunately, they erred on the side of too many citations. Many are simply silly -- "We sometimes don't imagine so because of the main enemy of human compassion, sloth." Good grief. I also didn't need to read about Viagra, cattle guards, Houdini, "grinners," aikido, "the unbroken circle," and other topics and metaphors intended to convey the author's intentions. AGTFT is a good book, but I recommend waiting for someone else to read and highlight it. Then, piggyback on that person's work and pay attention to the main points. Incidentally, my copy, already highlighted, stays in my library.