WITNESSING A GAP: HOW DIGITAL FORENSIC EXPERT WITNESS QUALIFICATIONS DIFFER FROM ATTORNEY EXPECTATIONS

Due to the increasing use of technology in everyday life, electronic evidence has become a vital part of nearly every criminal and civil trial. Such evidence can carry so much weight that it has been the “smoking gun” in a wide variety of cases, from traffic accidents to intellectual property disputes to murder. A computer forensics examiner is required to thoroughly analyze and interpret the data gathered from various sources; they can be an important ally in court by helping jurors understand the significance of the evidence. It is critical that expert witnesses aim to be highly qualified to testify in court. However, currently there are only minimal qualifications to testify as a digital forensics expert witness. Without proper standards, the wrong verdict could be determined. This research aimed to determine if there is a gap between the preference for qualifications for digital forensics experts and what qualifications such experts have actually attained. A group of attorneys and officers were asked to participate in an online survey study for which they were presented with questions on desired and attained qualifications. While this study showed that expert witnesses mostly met lawyer expectations, it also demonstrated that there is  need for standardized qualifications for expert testimony.