Chapter 15: Expert Testimony in Digital Investigations

Jurors typically average just over ____ years of education and an eighth-grade reading level.

12

When cases go to trial, you as a forensics examiner can play one of ____ roles.

2

If your CV is more than ____ old, you probably need to update it to reflect new cases and additional training.

3 months

If a microphone is present during your testimony, place it ____ to eight inches from you.

6

For forensics examiner, keeping the ____ updated and complete is crucial to supporting your role as an expert and showing that you're constantly enhancing your skills through training, teaching, and experience.

CV

Statements that organize the evidence and state the applicable law.

Closing arguments

The practice of opposing attorneys trying to prevent you from testifying by claiming you have discussed the case with them and, therefore, have a conflict of interest.

Conflicting out

____ is an attempt by opposing attorneys to prevent you from serving on an important case.

Conflicting out

An extensive outline of your professional history that includes education, training, work, and what cases you have worked o as well as training you have conducted or contributed to.

Curriculum vitae (CV)

Give the opposing counsel a chance to preview your testimony before trial.

Deposition

The opposing attorney sets the deposition and often conducts the equivalent of both direct and cross-examination. A discovery deposition is considered part of the discovery process.

Discovery deposition

____ evidence is evidence that exonerates or diminishes the defendant's liability.

Exculpatory

This type of testimony reports opinions based on experience and facts gathered during an investigation.

Expert witness

This type of testimony reports only the facts (findings of an investigation); no opinion is given in court.

Fact witness

Depending on your attorney's needs, you might give him or her just your opinion and technical expertise instead of testifying in court; this role is called an expert witness.

False

During opening statements, both attorneys provide an overview of the case, with the plaintiff's attorney going last.

False

Like a job resume, your CV should be geared for a specific trial.

False

Motion in limine includes voir dire of venireman, strikes, and seating of jurors.

False

You should create a formal checklist of your procedures that's applied to all your cases or include such a checklist in your report.

False

A pretrial motion to exclude or limit the use of certain evidence because its potential to prejudice the jury would exceed its probative value.

Motion in limine

____ is a written list of objections to certain testimony or exhibits.

Motion in limine

____ from both the plaintiff's and defense's attorneys is an optional phase of the trial. Generally, it's allowed to cover an issue raised during cross-examination of a witness.

Rebuttal

A deposition held to preserve your testimony in case of schedule conflicts or health problems; it's usually video recorded in addition to the written transcript.

Testimony preservation deposition

As a standard practice, collect evidence and record the tools you used in designated file folders or evidence containers.

True

As an expert witness, you have opinions about what you have found or observed.

True

Part of what you have to deliver to the jury is a person they can trust to help them figure out something that's beyond their expertise.

True

The chain of custody of evidence supports the integrity of your evidence.

True

Whether you're serving as an expert witness or a fact witness, be professional and polite when presenting yourself to any attorney or the court.

True

In this qualification phase of testimony, your attorney asks you questions to elicit the qualifications that make you an expert witness.

Voir dire

Discuss any potential problems with your attorney ____ a deposition.

before

Sometimes opposing attorneys ask several questions inside one question; this practice is called a ____ question.

compound

A ____ differs from a trial testimony because there is no jury or judge.

deposition

You provide ____ testimony when you answer questions from the attorney who hired you.

direct

The ____ is the most important part of testimony at a trial.

direct examination

There are two types of depositions: ____ and testimony preservation.

discovery

Validate your tools and verify your evidence with ____ to ensure its integrity.

hash algorithms

Generally, the best approach your attorney can take in direct examination is to ask you ____ questions and let you give your testimony.

open-ended

Leading questions such as "Isn't it true that forensics experts always destroy their handwritten notes?" are referred to as ____ questions.

set-up

Regarding a trial, the term ____ means rejecting potential jurors.

strikes

When you give ____ testimony, you present this evidence and explain what it is and how it was obtained.

technical/scientific