Report Writing

Forensics Investigation Reports

  • An investigation report offers comprehensive details on the entire forensic investigation process.
  • It includes scope of investigation, tools used to acquire and analyze data, evidence gathered, details of investigator, etc.
  • The report presents a scientific testimony about a case with relevant evidence and facts to support an argument in civil and criminal proceedings.

Important Aspects of a Good Report

  • It should accurately describe the incident’s details.
  • It should convey all necessary information in a concise manner.
  • It should be technically sound and understandable to the target audience.
  • It should be structured in a logical manner so that information can be easily located.
  • It should be able to withstand legal inspection.
  • It should contain results that can be completely reproducible by a third party.
  • It should try to answer questions raised during a judicial trial.
  • It should provide valid conclusions, opinions and recommendations supported by figures and facts.
  • It should adhere to local laws to be admissible in court.

Forensics Investigation Report Template

In general, a forensics investigation report template contains:

  1. Executive summary:
    1. Case number
    2. Names, investigators, and examiners
    3. Purpose of investigation
    4. Significant findings
    5. Signature analysis
  2. Investigation objectives
  3. Details of the incident
    1. Date and time the incident allegedly occurred
    2. Date and time the incident was reported to the agency’s personnel
    3. Details of the person or persons reporting the incident
  4. Investigation process
    1. Date and time the investigation was assigned
    2. Allotted investigators
    3. Nature of claim and information provided to the investigators
  5. Evidence information
    1. Location of the evidence
    2. List of the collected evidence
    3. Tools involved in collecting the evidence
    4. Preservation of the evidence
  6. Evaluation and analysis Process:
    1. Initial evaluation of the evidence
    2. Investigative techniques
    3. Analysis of the computer evidence (Tools involved)
  7. Relevant findings
  8. Supporting Files
    1. Attachments and appendices
    2. Full path of the important files
    3. Expert reviews and opinion
  9. Other supporting details
    1. Attacker’s methodology
    2. User’s applications
    3. Internet activity
    4. Recommendations

Report Classification

  • Written Informal Report: An informal or preliminary report in written form.
  • Verbal Informal Report: A verbal report that is less structured than a formal report and is delivered in person, usually in an attorney’s office or police station.
  • Verbal Formal Report: A structured verbal report delivered under oath to a board of directors/managers/panel of jury.
  • Written Formal Report: A written report sworn under oath, such as an affidavit or declaration.

Guidelines for Writing a Report

  1. Document each step carried out in the investigation process immediately, and in a clear and concise manner. This saves time and promotes accuracy.
  2. Know the objectives of your examination before you begin with analysis. This results in generating a more focused report.
  3. Organize your report in such a manner that it gets progressively complex. This allows high-level executives to grab its essence by just reading the initial pages of the report.
  4. Create and use a standard report template with all essentials elements to save time.
  5. Use unique identifier or reference tag for each person, thing, and place mentioned repeatedly in your report.
  6. Record MD5 hashes in the report for all evidence recovered (hard disk, USB, specific file, etc.) during acquisition, verification of image, and at the end of the examination. This shows that you are handling the data in appropriate manner, and it is admissible in a court of law.

 

Other Guidelines for Writing a Report

  • Write opinions that are based on knowledge and experience
  • Use bullet or number lists where applicable to make the information more readable
  • Try to avoid hypothetical questions
  • Use theoretical questions to guide and support opinions based on factual evidence
  • Do not use slang words, specialist language (which is not understood by the average person), and colloquial terms (which creates the effect of conversation)
  • After completing the report, check the grammar, vocabulary, punctuation, and spelling
  • Always use active voice when writing a report so that the communication appears direct and straightforward
  • Write the report in a concise manner so that it is easily understandable and interesting to any audience
  • Never include any clues in the report
  • Avoid mentioning too many details and personal observations in the report

 

Expert Witness Testimony

  • An expert witness is a witness who, due to their training, occupation, or experience, is seen to possess unique knowledge on the subject that goes beyond what the public knows and is significant enough that other people legally rely on their opinion.
  • A court-authorized expert witness’s opinion has legal standing and may be admitted as evidence in a court of law.

 

Technical Witness Vs. Expert Witness

A technical witness is an individual who:

  • Does the actual fieldwork
  • Submits only the results of his findings
  • Does not offer a view in court and conclusion
  • Provides facts found in investigation

An expert witness is an individual who:

  • Has absolute field knowledge
  • Offers a view in court
  • Offers opinions based on observations
  • Works for the attorney

 

Daubert Standard

  • The Daubert Standard is a legal precedent set in 1993 by the Supreme Court of the United States regarding the admissibility of expert witnesses’ testimony during federal legal proceedings
  • To reject the presentation of unqualified evidence to the jury, the Daubert motion takes place before or during trial
  • Trial judges plan as to whether the evidence is both relevant and reliable
  • Expert’s evidence can be decided based on the facts of the case
  • The expert should derive his or her conclusions using scientific method to consider the evidence reliable

What makes a Good Expert Witness?

  • Good experts can talk to the jurors in a way that shows they have confidence in their case and are sincere, without seeming like an advocate
  • Experts need to change the complicated material into understandable material, to make it comprehensible for the lay audience
  • Expert witnesses should observe the jurors to determine their level of interest, and notice when any juror is sleeping or uninterested
  • Avoid overextended opinions
  • Develop repetition into details and descriptions for the jury
  • Expert witnesses should enhance their credibility by adhering to a formal dress code

 

Professional Code of Conduct for an Expert Witness

  • Do not record conversations or telephone calls
  • Define analysis procedures
  • Do not agree to testify on subject matters for which you are not an expert or in which you do not believe
  • Do not keep secrets from the client’s legal team
  • Do not write, fax, email, or communicate in any other way, unless explicitly instructed to do so
  • Do not conduct research and analysis on the device you have not been asked to do, and respect the guidelines imposed by the client’s legal team
  • Do not ever permit compensation to be tied to the outcome of the litigation
  • Do not let the client’s legal team form opinions; if they insist, resign from the case
  • Never compromise on integrity for any reason

General Order of Trial Proceedings

  1. Motion in beginning: Objections to testimonies are framed in the form of lists. Allows judge to examine whether certain evidence should be admitted in the absence of the jury
  2. Opening statement: Offers an outline of the case
  3. Plaintiff and defendant: The attorney and the opposing counsel present the case
  4. Rebuttal session: Cross-examination by both plaintiff and defendant
  5. Jury orders: Proposed by the counsel. Approved and read by the judge to the jury
  6. Closing arguments: Statements that organize the evidence and the law.

General Ethics While Testifying

Ethics to be followed while presenting a testimony, as an expert witness, to any court or an attorney:

  • Be professional, polite, and sincere in presenting a testimony
  • Always pay tribute to the jury
  • Keep the jury interested in what you are saying
  • Be aware and prepare for the possible rebuttal questions, especially from the opposing counsel
  • Show an open physical and psychological attitude to the jurors
  • Develop self-confidence and create personal space for winning professional style in the courtroom
  • Maintain a steady body language, a balanced stance, and do not reveal any nervousness

Importance of Graphics in a Testimony

  • Use clear and easily understandable graphics
  • Make graphical demonstrations such as charts to illustrate your findings
  • Make sure the graphics are seen by the jury
  • Face the jury while exhibiting these graphics
  • Make it a habit of using charts and tables for courtroom testimony

Testifying during Cross- Examination

  • Cross-examination is the process of providing the opposing side in a trial the opportunity to question a witness
  • It is the job of the cross-examining attorney to discredit the opposing side’s witness. In this attempt, they may use psychological techniques

Be prepared for and ready to avoid such cross-examination tactics as:

  • Rapid-fire questions with no time to answer between questions
  • Leading questions (“Isn’t it true that what you saw was …?”)
  • Repeating your words with a twist that changes their meaning
  • Pretending to be friendly, then turning against you suddenly
  • Feigning bewilderment, outrage, or shock at what you have said
  • Prolonged silence designed to cause discomfort in hope that you’ll reveal more

Testifying during Cross- Examination: Best Practices

  1. Do not offer guesses when asked about something irrelevant to the case
  2. Use your own words and phrases when answering the opposing counsel
  3. Speak slowly as the best offense to problematic questions is to be patient with your answers
  4. Turn towards the jury slowly while giving your response. This allows you to maintain control over the opposing counsel

Dealing with Media

  1. Avoid contact with media during a case
  2. Do not give opinions about the trial to media; simply refer to the attorney
  3. Avoid conversing with the media because:
    1. It is unpredictable what the journalists might publish
    2. The comments might influence the case
    3. It can create a record that could be used against you while you present future testimonies
  4. Record your interviews, if any, with the media

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