The Search for the Truth in Open Source Evidence: Challenges, Limitations, and Opportunities
Open source image-based evidence is a key source of potentially valuable evidence in international and national criminal investigations and prosecutions. However, there are significant challenges and limitations involved in the use of this free-range evidence. I spoke about the use of open source image-based evidence at a conference hosted by the Inner Temple...
Artificial Intelligence and Images: Investigative Tool or Evidence?
Artificial intelligence (AI) is in the news almost daily. It is being used in many contexts, some for salutary purposes, and some for more insidious reasons. When considering the intersection of AI and image-based evidence in criminal investigations and prosecutions, it is important to draw a distinction between the use of AI for...
Opposing Experts Diverge on Video Authentication: Case Study
An interesting surveillance video authentication case involving opposing experts found its way to the Appellate Division of the Superior Court of New Jersey. This article reviews the facts that were considered by the trial judge, the expert evidence presented, the authentication ruling of the trial judge, and the appellate review of that ruling....
Troubling Trend in Expert Image Comparison Evidence in Canada?
A recent Canadian case has highlighted an apparent issue that is affecting how some courts are assessing the probative value and admissibility of expert image comparison evidence. This article reviews this recent case in the context of previous rulings and recommends how image comparison evidence should be presented to the court by experts...
Cognitive Bias and Forensic Experts: Preserving Independence and Learning to Say No
Cognitive bias among forensic experts is a significant issue that can lead to unsupportable conclusions and miscarriages of justice when undetected. It may also result in the exclusion of evidence at trial that one of the parties was relying upon as a method of proof. Such was the case in a June 2023...
Best Practices for Obtaining Video Evidence from DVRs, Smartphones, and Other Devices
In an ideal world, the people who recover video evidence from devices for legal purposes would be fully conversant with how to perform this task in a forensically sound manner so that all parties and the court could benefit from the value of the images. In the real world, this approach is neither...
When Are You Considered an “Expert Witness”?
As you accumulate course work, conferences, training, and experience during your professional career, it is natural to ask whether and when you can be considered an expert and be tendered as an expert witness in the courtroom. These are important questions as they define a significant progression in your qualifications and career. The...
State Supreme Court Adopts Forensic Image Comparison Opinion: Issues Raised by the Evidence
Forensic image comparison, wherein questioned images are compared to known images to determine similarities and differences in image content, has been the subject of judicial commentary in courts in Canada, the US, and the UK for several years. Some courts have endorsed this method of analysis, while other courts have restricted it or...
Reverse Projection Photogrammetry: When is Measurement Uncertainty an Issue of Admissibility?
A home security video surveillance system captured relevant events that transpired outside the home before and after two murders were committed nearby. Of note, it recorded images of a person walking and carrying what appeared to be a shotgun. The facial features and race of the person of interest were not discernible due...
Police Record CCTV Monitor – Authentic Enough?
There are occasions when investigators are unable to export an original video recording from the DVR and therefore use a video camera to record the CCTV monitor as it plays the relevant video. This less-than-ideal solution for video capture makes forensic video analysts bristle and opposing counsel cringe. What does the law say...