Review Questions for Ch 15 Expert Testimony Guidelines of 6th Ed of Guide to Computer Forensics and Investigations

Which of the following describes *expert witness testimony*? (Choose all that apply) a. Testimony designed to assist the jury in determining matters beyond the ordinary person's scope of knowledge b. Testimony that defines issues of the case for determination by the jury c. Testimony resulting in the expression of an opinion by a witness with scientific, technical, or other professional knowledge or experience d. Testimony designed to raise doubt about facts or witnesses' credibility

(p. 594) a. Testimony designed to assist the jury in determining matters beyond the ordinary person's scope of knowledge c. Testimony resulting in the expression of an opinion by a witness with scientific, technical, or other professional knowledge or experience

What is the motion in limine?

(p. 597) In the typical order of trial proceedings, whether civil or criminal, is as follows: -Motion in limine-A Pretrial Motion to EXCLUDE or LIMIT the use of certain evidence because its potential to prejudice the jury would exceed its probative value. effectively, this motion is a WRITTEN LIST OF OBJECTIVES to certain testimony admitted when the jury isn't present. Some evidence is so prejudicial that just a ruling on the evidence before trial is CRUCIAL.

When using graphics while testifying what applies? (Choose all that apply) a. Make sure the jury can see your graphics b. Practice using charts for courtroom testimony c. Your exhibits must be clear and easy to understand d. Make sure you have plenty of extra graphics, in case you have to explain more complex or supporting issues.

(pages 601-602) Make sure the jury can see your graphics Practice using charts for courtroom testimony Your exhibits must be clear and easy to understand

Which of the following describes *fact testimony*? a. Scientific or technical testimony describing information recovered during and examination b. Testimony by law enforcement officers c. Testimony based on observations by lay witnesses d. None of the above

*Scientific or technical testimony describing information recovered during and examination* When cases go to trial, you as the *forensics expert* play ONE of TWO ROLES: *Fact Witness* or *Expert Witness* -*As a fact witness: you're providing ONLY the FACTS you discovered in your investigation*. a.) You provide only the facts you have found in your investigation--any evidence that meets the relevance standard and is more probative than prejudicial b.) When you give technical or scientific testimony, you *PRESENT this evidence and EXPLAIN what it is and HOW it was obtained*. c.) *You don't offer conclusions, only the facts and ordinary inferences based on the evidence* -*As an expert witness*: However, as an expert witness, you HAVE OPINIONS ABOUT WHAT YOU HAVE OBSERVED. In fact, its your OPINION that makes you an expert witness a.) You form these opinions from experience and deductive reasoning BASED ON *facts found during the investigation*

Your curriculum vitae is which of the following? (Choose all that apply)

-A necessary tool to be an expert witness -A generally required document to be made available before your testimony -A detailed record of your experience, education, and training (p. 595) Unlike a job resume, it should NOT BE GEARED TOWARD a specific trial. Most important, keep your CV current and date it for version control. If your CV is more than three months old, you probably need to update it to reflect new cases and addiutional training

Before testifying, you should do what? Before testifying, you should do which of the following? (Choose all that apply.)

-Create an examination plan with your attorney. -Make sure you've been paid for your services and the estimated fee for the deposition or trial.

What kind of info do *fact witnesses provide during testimony*? (Choose all that apply.) a. Their professional opinion on the SIGNIFICANCE of evidence b. Definitions of issues to be determined by the finder of fact c. Facts only d. Observations of the results of tests they performed

-Facts only -Observations of the results of tests they performed.

What should you do if you realize you have made a mistake or misstatement during a deposition? (Choose all that apply.)

-If the deposition is still in session, refer back to the error and correct it. -If the deposition if over, make the correction on the corrections page of the copy provided for your signature.

List three items you should include in your CV.

-Instances of previous expert testimony, -education and training received, -work experience, -training you provided or contributed to, -and professional awards or recognitions received.

During your cross-examination, you should do what? (Choose all that apply.)

-Maintain eye contact with the jury -Pay close attention to what your attorney is objecting to. -Pay close attention to opposing counsel's questions. -Answer opposing counsel's questions as briefly as is practical.

List two types of depositions.

-Testimony preservation and -Discovery.

What expressions are acceptable to use in testimony to respond to a question for which you have no answer? (Choose all that apply.)

-That's beyond the scope of my expertise -I was not requested to investigate that -That is beyond the scope of my investigation.

In answering a question about the size of a hard drive, which of the following responses is appropriate? (Choose all that apply.)

-The technical data sheer indicates it's a 250 gigabyte hard drive. -It's a 250 gigabyte hard drive configured with 235 gigabytes of accessible storage. -I was unable to determine the drive size because it was so badly damaged.

When working for a prosecutor, what should you do if the evidence you found appears to be exculpatory and isn't being released to the defense?

Bring the information to the attention of the prosecutor, then his or her supervisor and finally to the judge (the court)

The most reliable way to ensure that jurors recall testimony is to do which of the following?

Present evidence combining oral testimony and graphics that support the testimony.

Voir dire is the process of qualifying a witness as an expert. True or False?

True

If you're giving an answer that you think your attorney should follow up on, what should you do?

Use an agreed-on expression to alert the attorney to follow up on the question.

At trial as a technical, scientific, or expert witness, what must you always remember about your testimony?

Your duty is to: - report your technical or scientific findings -or render an honest opinion.