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

Title	A Guide to Forensic Testimony: The Art and Practice of Presenting Testimony As An Expert Technical Witness
Author(s)	Fred Chris Smith, Rebecca Gurley Bace
ISBN	0201752794
Language	English
Published	October 2002
Publisher	Addison-Wesley Pub Co

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Reviewer Rob Slade wrote:
The subtitle explains the book more fully: "The Art and Practice of Presenting Testimony as an Expert Technical Witness." However, those with expectations about the form of technical literature should note that the style of this work follows that of the legal profession and case law: it primarily teaches by using examples rather than pointing out a specific methodology. The preface illustrates another difference between the technical and legal worlds. Computer work generally involves finding an answer to a problem: if the code works, background study and documented analysis is generally irrelevant. The legal profession, on the other hand, absolutely depends upon advance preparation, and an answer is almost useless unless the reasoning, background, and process is not only chronicled, but properly and legally obtained. Thus the authors are aware of the twin needs to inform technical experts about the requirements of the legal world, and to instruct legal professionals in aspects of technology that may be relevant to the pursuit of a case. The introduction notes the possible tragedies that can result if either the trial attorney or the technical expert attempts to act as ventriloquist to the other's dummy. Chapter one gives examples of expert witnesses, starting with a fictional example from a movie. Normally this would not be very instructive, but the authors are careful to point out, from the fictional story, important legal points to be aware of in regard to the possibilities and limits of expert testimony (and also the legal restrictions that would prevent some of the story points from happening in a real case). The rest of the chapter then goes on to introduce legitimate and recognized experts, and present their opinions and advice in regard to the practice of expert testimony. Chapter two is supposed to promote both the idea of becoming an expert witness, and of preparing for the experience. In fact, most of the material deals with Bill Gates' first deposition in the antitrust litigation, and the mistakes that he made. The example does make valid points both about the value of preparation and the need to testify whether we want to or not, but the message is not always obvious. Using testimony to provide a story about what happened is presented in chapter three. The example, though, is the tracing of Kevin Mitnick's intrusion on the systems managed by Tsutomu Shimomura, and therefore the testimony, which never happened, is simulated, which weakens the lessons the text intends to convey. Chapter four outlines the rules of testimony and the legal process, and is the section that technical people should probably study most thoroughly. Although there are important points to be made in regard to the dangers of reasoning beyond the facts, chapter five reads more like an editorial inveighing against pseudoscience. Ethical issues are discussed in chapter six. The early material involves a great deal of text from two case decisions, but eventually there is a review of codes of conduct, and even examination of some of the moral aspects of court battles. Chapter seven deals specifically with the matter of bias. The gatekeeper function of American judges, who must decide not only whether a witness is truly expert, but on what the expert may testify about or to, is covered in chapter eight. This material also reviews important points about the qualifications for experts and the characteristics of good evidence. Credible and convincing evidence and presentation is described in chapter nine, and this is extended to visual exhibits in chapter ten, demeanour in eleven, and non-verbal communications in twelve. Chapter thirteen contains examples of, and advice from, some experts who have extensive experience in court testimony. The book sometimes flows rather oddly, and it would be easy to take issue with a number of the topics or the emphasis given to certain ones over others. Even so, this work *is* important, and information security professionals; and certainly those in management or consulting roles; should seriously consider it. The text is written with the technical worker in mind, although legal professionals would undoubtedly find the research, advice, and explanations to be helpful in preparing for technical cases. Litigation involving technical topics is increasing all the time, and new (and therefore unfamiliar) technologies are now as constant a fact of legal life as forensic concerns are in technical work. copyright Robert M. Slade, 2003
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