Identification of Defendant in Video by Detective Causes Retrial
Who is permitted to express an opinion on identification of people shown in surveillance video? That was one of two issues before the Appellate Division of the Superior Court of New Jersey in State v. Sweet, 2019 WL 5250809. Issue 1 – Video Identification In Sweet, two detectives testified before the jury that the defendant...
Should Video Recordings of Monitors be Ruled Authentic?
In order to make sound, informed decisions about the content of videos tendered as evidence, it is preferable to have the original recording, or a copy that has been verified to be accurate, available for viewing and examination. Ordinarily, this is achieved by exporting the video files from the camera, DVR, server, computer...
Appellate Ruling on Authentication: Speculation of Impropriety Not Enough
Should video evidence be ruled inadmissible because an expert raises potential concerns regarding its authenticity? Mere speculation is insufficient to dislodge a prima facie showing of threshold authenticity according to the Court of Appeals of Oregon in State v. Sassarini, 300 Or.App 106 (Or.App., 2019), 452 P.3d 457. The Facts A dispute between neighboring property owners...
New “Forensic Talks” episode featuring Jonathan W. Hak, Q.C.
The New Year started with a wide-ranging interview by Eugene Liscio on several topics relating to expert witness testimony, the use of forensic science in the courtroom, digital media, and more. For an informative 45 minute chat, please have a peek!
Court Excludes Expert Testimony Not Covered in Expert Report
An expert who has been retained to analyze evidence and draft a report for use in litigation is generally not permitted to give testimony and express opinions beyond the contents of the report. There are sound legal and practical reasons for this limitation. This article examines a recent case illustrating this point and...
Legal Considerations and Recommendations for the Use of Terrestrial LiDAR Scanning for Criminal Justice Applications
Jonathan W. Hak, Q.C., Dipl., B.Sc., LL.B., LL.M., PhD Candidate[i] Introduction Accurate and detailed depictions of crime scenes, areas of interest, and objects provide investigators, counsel, and the court with data necessary to more fulsomely comprehend available evidence and to understand what occurred.[ii] Scene measurements, including the location of objects and features within the...
The Admissibility of Video and Photographs Posted to Social Media: Inconsistent Court Rulings
Video and photographs posted to social media sites often have value for the prosecution. The challenge posed by social media evidence is authenticity and even though the law is quite well established, the application of it varies from case to case. In this article, I will review three US cases with disparate rulings....
Yes Virginia – There Really are Limits to Expert Video Narration in Court
One of the contentious aspects of providing expert video-related evidence in court is the extent to which the expert can provide narrative testimony about what is shown in the video. Judges are required to act as gatekeepers and ensure that only properly admissible evidence is presented. In doing so, judges are required to...
An Expert for All Seasons? A Study in Expert Overreach
In January 2020, James Wells was sentenced to life imprisonment for the April 2012 murders of two U.S. Coast Guard employees, who were co-workers of Wells on Kodiak Island, Alaska. He was originally convicted in 2014 and his convictions were reversed by the Ninth Circuit Court of Appeals in December 2017. Following a...
Truth on Trial: Forensic Experts and the Pursuit of Justice
Forensic experts often identify themselves in conjunction with the party that has retained their services. They are a “prosecution expert” or a “defense expert” or announce that they serve both roles. Experts should not align themselves with either side in criminal or civil litigation. Although retained by one party in a case, the...