Computer Forensics Chapter 15: Expert Testimony

Vocabulary terms and definitions covering witness types, courtroom procedures, and documentation based on Chapter 15 of Intro to Computer Forensics.

Lay Witness

A witness who testifies about their personal observations or knowledge and is generally not allowed to offer professional opinions.

Technical/Scientific Witness

A witness who provides testimony regarding technical or scientific facts discovered during an investigation without necessarily providing an expert opinion.

Expert Witness

A witness qualified by knowledge, skill, experience, training, or education to provide specialized opinions and assist the trier of fact in understanding complex evidence.

Conflicting Out

A legal tactic where an attorney contacts an expert to discuss a case's confidential details, essentially preventing that expert from being hired by the opposing side due to a conflict of interest.

Checklist of procedures

Documentation that should be excluded from a written report or testimony to avoid giving opposing counsel a tool to challenge the expert's credibility if any minor step was omitted or performed differently.

Curriculum Vitae (CV)

A comprehensive record of professional experience, education, publications, and certifications used to establish an investigator's qualifications for expert testimony.

Voir Dire

A preliminary examination of a witness or juror to determine their competency, qualifications, and suitability to participate in a trial.

Typical U.S. Juror Education Level

The average educational level for a juror in the United States, which is generally characterized as being at a high school or 12th-grade level.

Direct Examination

The initial questioning of a witness by the attorney who called them to testify, usually involving open-ended questions.

Cross-Examination

The questioning of a witness by the opposing attorney, typically used to test the witness's credibility or highlight inconsistencies in their prior testimony.

Deposition

A formal proceeding where a witness gives sworn testimony under oath outside of court, which is recorded and used for discovery purposes or to prepare for trial.