Discussion Question

This discussion deals with the final issue any computer forensics examiner or any other witness to an event will face - testifying under oath to what you know. Each person who testifies is a witness and as we discussed several weeks ago, will present testimonial evidence. As an expert witness, which is how a computer forensic examiner will be generally be presented, you are not providing eye-witness testimony to a crime, but are testifying about what you as an expert found or did not find during your collection, preservation, and examination of physical evidence (real evidence).

 Many times and in most jurisdictions, before you actually testify before the jury (or judge if the trial is just before a judge) about your role in the case and your analysis and examination of the evidence, you may have to go through a preliminary hearing where the party that wants you to testify offers you to the court (outside the presence of the jury) as an expert.  This may occur on a date before the trial, or during the trial.  In doing so, you will testify first under direct examination by that attorney regarding your expertise and perhaps the admissibility of digital forensics as evidence in general.  You will prepare for this examination with attorney beforehand.  Once the attorney conducts the direct examination, during which time you will be discussing your training, experience, education and certifications as well as whether you have ever testified as an expert in any other trial, the attorney would most likely then offer you to the court as an expert and ask the judge to accept you as such (the sequence of this process varies from jurisdiction to jurisdiction).  

It is generally at that point that the other side's attorney will then have an opportunity to cross-examine you. Under cross-examination, that attorney is able to ask you leading questions - which in general have the answer contained within the question. For instance, where the government's lawyer (in a criminal trial) would ask you: "Agent Witness, please tell us of your educational background." The defense attorney would be able to phrase a question like this: "Isn't it true that you never received a college degree in computer science"?  At that time, the court decides whether you are accepted as an expert for this case.

Now, thinking about this part of the questioning of you as a potential expert witness, 

1.  List at least 5 questions you think you would be asked initially on direct examination?

2.  List at least 5 questions that youmight be asked by opposing counsel on cross-examination? Remember on cross examination opposing counsel can ask leading questions to challenge your expertise.

After both sides had a chance to question your credentials as an expert, the counsel wishing you to be accepted will make a motion that you be accepted as an expert. Once that is complete, you will be asked about the particular work you did in that particular case.

This is also where the opposing counsel will be especially alert for any weakness or contradictions in your testimony. 

3. How do you think it is important for you to testify to limit any contradictions?

Also Include two different reply comment to the over all questions. Must be half a page for each comments.

All APA citations must be formatted perfectly. Also, The number 3 answer must be answered in a full paragragh. Must be half a page answers on the questions. and must be discussed thoroughly. you can include any outside source too. I have provided the chapter 10 text so as to help answer the questions. thanks

DUE by MArch 13 before 11AM