Skip to Content
Computer Security Handbook, Fifth Edition
book

Computer Security Handbook, Fifth Edition

by SEYMOUR BOSWORTH, ERIC WHYNE, M.E. KABAY
February 2009
Intermediate to advanced
2048 pages
80h 12m
English
Wiley
Content preview from Computer Security Handbook, Fifth Edition

CHAPTER 73

EXPERT WITNESSES AND THE DAUBERT CHALLENGE

Chey Cobb

73.1 INTRODUCTION

73.2 DAUBERT

73.2.1 Expert Witnesses' Testimony

73.2.2 Daubert Challenge

73.3 WHETHER THE DAUBERT CHALLENGE IS APPLICABLE: REFINING DAUBERT

73.3.1 General Electric Co. v. Joiner

73.3.2 Kumho Tire Co. v. Carmichael

73.4 DIVIDED WE FALL?

73.5 BEING THE BEST YOU CAN BE

73.5.1 Prepare Your Résumé

73.5.2 Find Out Exactly What Testimony Is Expected

73.5.3 Examine the Paperwork

73.5.4 Start Reading

73.5.5 Prepare a Written Report

73.5.6 Ask for Pretrial Meetings

73.5.7 Be Professional

73.5.8 Accept the Oddities

73.6 SUMMARY

73.7 FURTHER READING

73.8 NOTES

73.1 INTRODUCTION.

Whenever science or technology enters the courtroom, there must surely be an expert who can give clear and proper explanations of the subject matter to the judge and jury. As new sciences and technologies have emerged, the courts have had to decide if a person is, indeed, an expert and whether or not the science is real and admissible.1

In 1923, the United States courts began accepting scientific evidence based on a new rule. That rule used the “general acceptance” test to determine if evidence was legitimate. This test was based on the rulings in Frye v. United States, which declared that if a scientific practice was generally accepted among the scientific community in which it was practiced, it could be admitted in court. This has become generally referred to as the Frye test.2

In 1975, the federal government made the scientific assertions ...

Become an O’Reilly member and get unlimited access to this title plus top books and audiobooks from O’Reilly and nearly 200 top publishers, thousands of courses curated by job role, 150+ live events each month,
and much more.

Read now

Unlock full access

More than 5,000 organizations count on O’Reilly

AirBnbBlueOriginElectronic ArtsHomeDepotNasdaqRakutenTata Consultancy Services

QuotationMarkO’Reilly covers everything we've got, with content to help us build a world-class technology community, upgrade the capabilities and competencies of our teams, and improve overall team performance as well as their engagement.
Julian F.
Head of Cybersecurity
QuotationMarkI wanted to learn C and C++, but it didn't click for me until I picked up an O'Reilly book. When I went on the O’Reilly platform, I was astonished to find all the books there, plus live events and sandboxes so you could play around with the technology.
Addison B.
Field Engineer
QuotationMarkI’ve been on the O’Reilly platform for more than eight years. I use a couple of learning platforms, but I'm on O'Reilly more than anybody else. When you're there, you start learning. I'm never disappointed.
Amir M.
Data Platform Tech Lead
QuotationMarkI'm always learning. So when I got on to O'Reilly, I was like a kid in a candy store. There are playlists. There are answers. There's on-demand training. It's worth its weight in gold, in terms of what it allows me to do.
Mark W.
Embedded Software Engineer

You might also like

Computer and Information Security Handbook, 3rd Edition

Computer and Information Security Handbook, 3rd Edition

John R. Vacca
Defensive Security Handbook, 2nd Edition

Defensive Security Handbook, 2nd Edition

Lee Brotherston, Amanda Berlin, William F. Reyor

Publisher Resources

ISBN: 9780471716525Purchase book