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Testifying in court. Used Paraben Device Seizure  

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kevinspoon
(@kevinspoon)
New Member

Will be on trial next week. Is there a web site or someplace that has Paraben listed as a tool that is accepted by the forensic community? Hope this isnt a dumb question but need a response in case the question comes up. Any responses to this type of question will be helpful.

Thanks in advance.

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Posted : 23/05/2009 8:55 am
 Anonymous

The Rule of Thumb is "Approve the examiner, not the tool."

It is *you* that must be vetted and ultimately accepted. Think about it. Just because I own a hammer, that doesn't qualify me as a carpenter.

Do you have the creds to testify in Court? viz. Do you have the education? Are you published (or at least have a credible Internet presence)?

Yeah, you may be asked to justify the tools you use, but it is *you* the examiner who must clear the hurdles.

HTH.

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Posted : 23/05/2009 9:39 am
trewmte
(@trewmte)
Community Legend

The Rule of Thumb is "Approve the examiner, not the tool."

Yes, absolutely - well said AWTPLI

As a side matter I couldn't help smiling when kevin mentioned "will be on trial next week" as I immediately thought he was saying he was actually on trial.

His comments remind me of the days when, after leaving court and arriving at the railway station to catch the train, on the train barristers can be overheard talking about their day, saying

Barrister (1) "What have you being doing?"
Barrister (2) "Oh raping in Maidenhead, and you?"
Barrister (1) "Oh, GBH with Intent in Milton Keynes"

When you first hear this and you do not know they are barristers the thoughts rush through your mind

- Why aren't they locked up?
- Have they escaped?
- Should I dial 999?
)

ReplyQuote
Posted : 23/05/2009 1:25 pm
seanmcl
(@seanmcl)
Senior Member

The Rule of Thumb is "Approve the examiner, not the tool."

Agreed. That having been said, you should expect to be asked to justify your use of the tool, explain why you selected it and be able to state how it was used. You should expect that the other side or their expert will have obtained the manual for the product and will question you on any variation from procedures outlined in the manual. You'll likely be questioned on your prior use of the tool and whether you had any formal training and/or certification. You'll likely be asked to show that you are licensed to use it.

AWTLPI is correct that this is about YOU not Paraben. But your judgement, experience and practice using the tool will be relevant.

Have you been deposed? If this is a civil matter and you have been deposed, the deposition transcript can give you a clue as to the line of questioning.

ReplyQuote
Posted : 23/05/2009 5:36 pm
douglasbrush
(@douglasbrush)
Senior Member

Based upon the above posts, could you answer the following without reference to anything other than your notes from the investigation Why did you use this tool? Are you qualified to use this tool? What did you find with this tool? If you are going to sit on cross examination you have to be prepared for many questions about your techniques and skills. Be careful about attaching your methodology solely to the tool as no one outside of the CF world is going to know what the heck most the tools are or begin understand what they do.

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Posted : 23/05/2009 6:00 pm
 Anonymous

… Be careful about attaching your methodology solely to the tool as no one outside of the CF world is going to know what the heck most the tools are or begin understand what they do.

Well said. Avoid technical jargon; try to use simple terms and comparative illustrations where possible. Judges, juries and attorneys are NOT computer experts.

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Posted : 23/05/2009 6:37 pm
kevinspoon
(@kevinspoon)
New Member

A big thanks to all of you. You guys are awesome! I am loving this board, big time.

ReplyQuote
Posted : 23/05/2009 8:34 pm
douglasbrush
(@douglasbrush)
Senior Member

A big thanks to all of you. You guys are awesome! I am loving this board, big time.

No problem, just reciprocate your knowledge where you can D

Forgot about this as well.
Expert Deposition Checklist

Gives you a good frame of the types of questions you will have asked during either depo or court room testimony.

ReplyQuote
Posted : 23/05/2009 8:57 pm
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