TABLE OF CONTENTS Well over 90 percent of cases will be resolved prior to trial either through a pretrial motion or plea bargain. Nonetheless, cyber crime investigators should approach every case with an eye toward trial. It is important for investigators to maintain this mindset because the strength of a case ultimately is determined by the weight of the evidence and the defendant s perception of the prosecutor s ability to effectively present the evidence to the trier of fact. In order to effectively testify and present evidence, investigators must understand not only the basic mechanics of testifying but also the big picture of what the case is about and where their testimony will fit in to the case as a whole.
This chapter will start with some common misconceptions about an investigator s role at trial. Then, we will offer some basic guidance on how best to present yourself as an effective witness. Finally, we will explore some of the big picture issues to help investigators understand how their testimony will fit in to the case as a whole.
Cases involving the forensic analysis of digital evidence frequently rise or fall on pretrial motions to suppress. In these motions, the issue for the court to decide is the legality of the search. If, for example, investigators relied upon consent rather than obtaining a search warrant authorizing the examination of the digital evidence, defense attorneys are likely to challenge the legality of the consent. If, on...
