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The Champion

August 2015 , Page 44 

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Handling the 21st Century Criminal Case: You Don’t Know What You Don’t Know

By Joshua J. Horowitz

The world is comprised of massive amounts of electronic communications and personal/business computing devices that are all interconnected. It can be of no surprise that the modern criminal investigation and trial involve massive amounts of electronic data and critical testimony of computer forensics experts. To provide effective representation in a case of this nature, it is vital that the criminal defense lawyer possess sufficient expertise in the technical aspects of the case. Without this expertise, critical aspects of the defense case will likely be missed, such as missing the few pieces of discovery buried in hundreds of gigabytes of data that provide a fulcrum for the defense theory at trial, missing a suppression issue (e.g., how a particular computer or computer server was located), or missing substantive points on cross-examination of the prosecution’s technical witnesses. This article provides practical advice on (1) the basics of preparing a cross-examination f

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