Hi guys,
I was wondering if there are any templates available for an expert statement as I did not find any useful links besides the
reference. I am trying to compile all relevant information for my first job as an expert witness to withstand scrutiny but to be honest, I am more than just struggling with that and any help and comments are much appreciated (
Also, do you guys include any details about the analysis in your presentations like hashing, searching for file signatures, etc. Or do you just mention facts?
thanks in advance
Slightly depending on who your audience is I'd personally approach it trying to write it as clearly as possible for the lowest common denominator. Ie so that the judge/jury/counsel etc can understand it. However I'd also include the details of what I used/did to find x, where x was located precisely on the disk, etc, somewhere in the report or its appendices. If you're being asked for opinion rather than just fact, state what you think, why, and make clear it's range of validity (ie why it may indicate something and why not).
It's very easy for these reports to creep into pages on end of techno-jargon, that all but the most tech-savvy person would struggle to keep up with. So perhaps try to keep as much of the plain-English content that'll be reasonably read/understood together in one section, with only the pertinent dates etc, but with lots of references to appendix X/Y/Z for example full listings of file details/hashes and so forth. Or detailed footnotes to explain techy bits.
I wouldn't proffer any opinion unless asked to.
thanks a lot for your reply. What about images of evidence within the powerpoint presentation? As long as it is not illegal content?
When you say images of evidence, what do you mean? Photographs of the physical exhibits? Extracted pictures from the forensic copy of the disk?
(as for powerpoint - I haven't had to use it personally - funding would never have stretched to that for anyone really - more just report and or statement and then explain anything in the box if needed)
I've used photographs of the physical exhibits in reports before certainly, and images as long as not child related fine too. However I am just basing this on my UK experience, so don't take it as red that it's the same where you are.
It has been my experience that you are better off just answering the questions presented to you and not to ramble on. Your first responsibility is to the person that hired you as an expert, let the other side provide their own expert and not gleen of your testimony.
I have found Power Point to be a VERY useful tool in presenting things on a level a "common man" jury can understand. I have developed a template for this purpose and it has worked well.
Dress to look the part, don't speak above the crowd, and never testify to something you are not prepared to prove up.
Good luck,
Cowboy
Your first responsibility is to the person that hired you as an expert, let the other side provide their own expert and not gleen of your testimony.
Your first responsibility is to the court, and that's to present the truth.