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REVIEW: "A Guide to Forensic Testimony", Fred Chris Smith/Rebecca Gurley Bace

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  • Rob, grandpa of Ryan, Trevor, Devon & Ha
    BKGDFOTS.RVW 20030604 A Guide to Forensic Testimony , Fred Chris Smith/Rebecca Gurley Bace, 2003, 0-201-75279-4, U$49.99/C$77.99 %A Fred Chris Smith %A
    Message 1 of 1 , Jul 29 11:54 AM
      BKGDFOTS.RVW 20030604

      "A Guide to Forensic Testimony", Fred Chris Smith/Rebecca Gurley Bace,
      2003, 0-201-75279-4, U$49.99/C$77.99
      %A Fred Chris Smith
      %A Rebecca Gurley Bace
      %C P.O. Box 520, 26 Prince Andrew Place, Don Mills, Ontario M3C 2T8
      %D 2003
      %G 0-201-75279-4
      %I Addison-Wesley Publishing Co.
      %O U$49.99/C$77.99 416-447-5101 fax: 416-443-0948 bkexpress@...
      %O http://www.amazon.com/exec/obidos/ASIN/0201752794/robsladesinterne
      %O http://www.amazon.ca/exec/obidos/ASIN/0201752794/robsladesin03-20
      %P 509 p.
      %T "A Guide to Forensic Testimony"

      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 BKGDFOTS.RVW 20030604

      ====================== (quote inserted randomly by Pegasus Mailer)
      rslade@... slade@... rslade@...
      In terms of paradigms, shift happens.
      http://victoria.tc.ca/techrev or http://sun.soci.niu.edu/~rslade
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