My colleagues & I have been discussing whether Digital Forensics Specialists should be licensed and vetted/accredited by the courts if they are to give Expert Witness Testimony (for prosecution or defense) in both civil and criminal cases, and I would value you feedback and input on this very divisive subject.
Thanks in advance
Take a look at link below, also previous discussions on this matter on ForensicFocus.
http//www.forensicfocus.com/index.php?name=Forums&file=viewtopic&t=2386
Regards,
Licensing and vetting are two totally different issues. Courts have always have the ability to vet witnesses, and I doubt any of us would argue with that. Arbitrary licensing requirements however are a different kettle of fish.
Thanks for the link MindSmith, but it only really covers the US. Does anyone have any info relating to the UK??
Thanks.
Is this question 'should be' or 'are required to be'?
If the latter, no. (CRFP having died, and whatever may be coming next (if anything) from the Forensic Regulator not being in existence yet to my knowledge)
An example of this being a case I did the prosecution on, the defendant himself did not accept his own defence experts opinion, asked to be his own expert as he worked in IT, which the judge allowed.
Perfect, thanks for that. Are there any specific requirements of the minimum level of experience &/or qualification in terms of forensics/IT in order to stand as an expert witness? I'm just curious.
Jacqueline
What makes someone a UK expert witness in the law's eyes is that they know more than the "average" person about their subject. How this translates is for the Court to decide – i.e. the Court is able to deem a person as an expert or not.
It is also the duty of the expert to decide what is within their level of expertise - i.e. an expert should only offer opinions on matters they are capable of addressed. Hence, if they haven't worked on any similar cases and do not have a wealth of other related experience then they are probably not capable to work on the matter as an expert.
As Rich2005 points out, there was CRFP which was a register of forensic examiners/experts who had undergone a level of peer reviewing and verification of qualifications and training, however, this dissolved in March 2009. This type of assessment is very similar to how Chartered Engineer applications are verified – peer review, references and validation of qualifications, training and experience claims.
My personal view is that it is not one thing that that defines a person as an expert, more the overall package and ability.
Kind regards
Sam Raincock