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Any tips/tricks for testifying as an expert witness effectively?
I am a student in computer forensics in my school. Our assignment this term was to perform an investigation, document our findings, and then testify in court. Well, I'm approaching the court testimony quickly and would be thrilled to hear about any advice that will prepare me for it, such as do's and don'ts and perhaps what I should expect during cross examination.
Sure, it's not a "real" trial, but I still want to perform the best that I possibly can.
Thanks!
2 Answers
- traiLv 78 years agoFavorite Answer
An effective expert witness has to be affable enough that the jury likes them, and also come across as being professional, knowledgeable and confident.
Pay close attention to the exact wording of each question, and answer only that. Very brief and specific answers are always best (whenever possible).
Don't give opinions unless that's the question.
Don't give conjecture. Even if it's pretty obvious how the available evidence came to exist, conjecture isn't admissible. The jury has to decide what happened from the facts you (and other witnesses) give.
Don't use any technical jargon if you can help it. You want to give testimony that a jury will understand and pay attention to.
Expect the cross examiner to contest your competency and your work. Even you personally, if s/he is able. The main thing about cross is composure. (You are cool and confident, and that dude's 'tude doesn't phase you. ;) )
Good luck with your assignment. :)
Source(s): I'm a family court appointed special advocate. - Little PrincessLv 78 years ago
During cross examination, their attorney will likely question your 'expertise'. How much experience do you have in the field of computer forensics? What's your track record been? How up-to-date are you in computer crime practices? Why does your "expert" opinion differ from the opinion of the expert we brought in?
They may quiz you to test your knowledge.
They may also question your technique. How were you able to determine person X was the one who hacked into the computer and retrieved the sensitive file and that it wasn't really person Y who was smart enough to make it look like it was person X? What precautions did you follow to make sure it wasn't person Y?
If you're brought in as an expert in recovering lost or deleted files, don't stray and pretend to also be an expert in computer hacking over the internet (because that's not your particular area of expertise). Answer the questions that are within your area of expertise and if asked questions outside your area of expertise, just say that it's outside your area of expertise.
During cross examination, they're going to try to get you to slip up somewhere to discredit your testimony. If you start answering question where you're having to guess or can be easily tricked, they're going to call you on it and make you appear to be an idiot.
