Expert Witness

Courts will have rules and regulations that must be followed. If you, as the expert witness, do not follow these rules and regulations, the evidence you are presenting might be thrown out. This would defeat the purpose of all the work you have completed.

This is an integral part of the Computer Forensic Process and is the last step.

It is also important to remain independent and unbiased as an expert witness. Again, if you start to show bias, the evidence might be dismissed. When you present evidence, please ensure to present all your findings, even if they go against your client. Only by presenting evidence that supports your client will you come across as not being independent and showing bias. You want to maintain your reputation as an expert in this field.

Types of Evidence

Fact

Definition: A fact is a statement or piece of information (evidence) that can be verified through evidence or observation. Personal beliefs or opinions do not influence facts; they represent reality as it is. (OpenAI, 2024).

Opinion

Definition: An opinion is a personal belief, viewpoint, or judgment about a particular matter, issue, or evidence. Unlike facts, opinions are subjective and can vary from person to person based on individual experiences, values, and preferences. Opinions are not necessarily based on evidence or facts and may reflect emotions or biases. (OpenAI, 2024).

Example: During an investigation, discovering a PDF document containing information relevant to the case on the hard drive of a specific computer system constitutes a verifiable fact. This discovery should be thoroughly documented. Following establishing this fact, investigators may proceed to form opinions regarding the PDF's origin, creation date, and authorship. However, it is crucial to acknowledge that these opinions are subjective and may be subject to cross-examination during the investigative process.

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