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Computer Evidence: Collection and Preservation, Second Edition by Christopher L. T. Brown

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Expert Witness (Scientific) Acceptance

We’ve all seen those old episodes of Perry Mason or CSI (Crime Scene Investigation) where the expert witness is on the stand rattling off scientific facts that wow the jury. But what makes an expert an “expert,” and what criteria do judges rely on to determine an expert’s status? Although the answer varies in the United States from state to state, the majority of states follow the standard established in rule 702 from the FRE [Fre01], which states, “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in ...

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