A Guide to Forensic Testimony: The Art and Practice of Presenting Testimony As An Expert Technical Witness

Fred Chris Smith, Addison-Wesley Professional

ISBN:0201752794, Edition: , 2002-10-19

Price: $54.99

• Main Page
• Table of content
• Copyright
• Foreword
• Preface
• Acknowledgments
• Introduction
  • Every Dummy Wants to Be the Ventriloquist
  • Why We Wrote This Book
  • Voices of Experience
  • Why Do Technologists Need Expert Witness Skills?
  • What This Book Provides
  • What This Book Does Not Provide
  • Caveats and Disclaimers
• Chapter 1. Examples of Expert Witnesses and Their Communities of Interest
  • Who Decides Whether an Expert Is Really an Expert?
  • A Potpourri of Expert Witnesses from Other Disciplines
  • Approaches to Building Professional Communities of Interest
  • In Forensics, No Expert Is an Island
• Chapter 2. Taking Testimony Seriously
  • Why Do So Many People Cringe at the Thought of Testifying?
  • Why Should a Technical Expert Want to Work in the Legal System?
  • Everyone Is Subject to Subpoena
  • Every Transcript Tells a Story
  • A Learning Experience for Both Litigators and Witnesses
  • What Fact Finders Say about the Importance of Testimony
  • Testimony-Take Two
  • If Credibility Is Always the Answer, What Are the Questions?
• Chapter 3. Creating Stories about Complex Technical Issues
  • 'U.S. v. Mitnick': A Case That Defined the Internet Threat
  • Hiding and Seeking Digital Evidence
  • The Simulated Testimony of Andrew Gross
  • Visualizing Gross's Technical Testimony
  • Seeking Professional Graphics Assistance
  • Showing and Telling Is Better Than Just Telling
• Chapter 4. Understanding the Rules of the Game
  • Knights Errant as Experts
  • Why Does Everyone Love to Hate Lawyers?
  • The Rules of Engagement
  • The Roles of an Expert Witness
  • The Complex Art of Expert Testimony
  • Dreams and Nightmares-Take Your Pick
  • New Technologies and Modern Legal Disputes Require More Experts
  • A Wake-Up Call for IT Professionals
  • Technical Experts and Routine Legal Functions
• Chapter 5. Chance, Coincidence, or Causation-Who Cares?
  • Dealing with Experts in the Age of Scientific Progress
  • Expertise in the Face of Technological Trends
  • Modern Examples of Questionable Forensic Science Claims
  • One Court's Changing Attitude about Fingerprint Forensic Evidence
  • Scientific Methods Are No Guarantee
  • Learning from Pseudoscientists
  • The Expert Storyteller
• Chapter 6. Ethical Rules for Technical Experts
  • A Failure Analysis: Examples of Ethics-Challenged Experts
  • On the Importance of Knowing Where You Are (and Aren't)
  • Lightning Strikes Again: The Case of the Ethically Conflicted Expert
  • Determining Master-Servant Relationships in Litigation
  • Balancing the Demands of Expertise
  • Ethical Principles for Information Technologists
  • Model Ethical Rules and Recommendations for Expert Witnesses
  • Ethical Standards for Attorneys
  • Going to the Movies for More Examples
  • Pushing the Ethical Boundary
  • The Responsibility of the Expert Witness
• Chapter 7. Enhancing Objectivity in a World of Bias
  • Assessing the Expert-Attorney Relationship
  • A Different Style of Reporting
  • Rule 26 and Its Effect on Expert Testimony
  • When Not to Document Process
  • The Case of the Mystery Client
  • Establishing Objectivity
  • The Role of Expert Opinions and Reports: Learning by Example
  • Preparing Effective Reports
  • Steering a Steady, Objective Course
• Chapter 8. The Gatekeeper: Judicial Control of Expert Witnesses
  • The Metaphor of the Gatekeeper
  • The Effect of Gatekeeping on Expert Witnesses and the Court
  • Historical Gatekeeping and the Needs of the Current Legal System
  • Challenges to Technical Expert Witness Evidence
  • The Classic Case of Dr. John Snow
  • Putting Yourself in the Judge's Shoes
  • Expanding the Standards of 'Daubert'
  • Brainstorming Strategies and Scenarios to Prepare for 'Daubert' Challenges
  • A Hypothetical 'Daubert' Disqualification
  • Looking Forward to the Gatekeeping Challenge
• Chapter 9. The Magic of Testimony: Communicating with the Fact Finder
  • Taking a Page from the Jury Consultant
  • The Paradox of Case Studies and Trial Preparation
  • Learning by Example
  • How Does the Court Deal with the Absence of Recognized Standards?
  • The 'Gates v. Bando' Case
  • Expert Performances Can Make Enormous Differences in Outcome
  • Houdini as Expert Performer and Professional Skeptic
  • 'Illinois Tool Works v. MetroMark Products': A Postscript to 'Gates v. Bando'
  • What Experts Can Learn from Court Opinions
• Chapter 10. The Role of Visual Exhibits in Expert Testimony
  • Thinking in Pictures: Sage Advice from the Pros
  • The Basic Philosophy: Keep It Simple and Honest
  • Establishing Credibility by Teaching the Basics
  • Turning Students into Teachers and Advocates
  • Thinking about Highly Complex Technical Processes as Pictures
  • Introducing the Expert with Graphics in the Opening Statement
  • Designing Defensive Visual Exhibits
  • Follies with Visual Aids Can Be Disastrous
  • Courts Have Concerns about Computer-Generated Evidence
  • The Radiation Case Study from The Focal Point Archives
  • What the Jurors Need
  • Using Outlines for Technical Expert Testimony
  • Using a Scoreboard to Tie It All Together
  • Winning the Battle but Losing the War: The Risk of Argumentative Titles
  • Authentication Tags for Visual Exhibits
  • Don't Forget Spontaneously Generated Visual Exhibits
  • Mesmerizing with Magnets
  • Connecting the Links in the Chain
• Chapter 11. Demeanor and Credibility
  • Law in an Age of Sound-Bite Attention Spans
  • Demeanor Professionals, Demeaning Professionalism
  • Techniques for Fine-Tuning Your Courtroom Demeanor
  • Does the Current Adversary Ethic Threaten or Preserve the Legal System?
• Chapter 12. Nonverbal Communications
  • Do Nonverbal Communications Really Affect an Expert's Performance?
  • Verbal and Nonverbal Communications: Which Is More Important for Credibility?
  • How Important Is the Quality of the Voice?
  • Combining the Voice, Hands, and Body Language with the Words
  • What's in a Nonverbal Communication?
  • Gestures as Essential Components of Testimony and Communication
  • Learning to Act the Part of an Expert Witness
• Chapter 13. Putting It All Together: IT Expert Roles
  • Rebecca Mercuri: Testifying in Cases of National Importance
  • Donald Allison: Finding Feedback Loops to Improve Performance
  • Eugene Spafford: Continued Education in the Legal Domain
  • Packing Your Bags and Embarking on Your Own Adventure
• Appendix A. Major Cases
  • 'Frye v. U.S.'
  • 'Daubert v. Merrell Dow Pharmaceuticals, Inc.'
  • 'Kumho Tire, Ltd. v. Carmichael'
  • 'Joiner v. General Electric Company'
  • 'U.S. v. Carlos Ivan Llera Plaza, Wilfredo Martinez Acosta, and Victor Rodriguez'
• Appendix B. Federal Rules
  • Federal Rules of Procedure
  • Federal Rules of Evidence