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...
California Court of Appeal Rules Upon the Propriety of Forensic Video Analysis Techniques Utilized by Expert
The California Court of Appeal recently had occasion to review certain forensic video analysis techniques employed by a forensic expert for the purpose of determining whether they were properly admitted at trial and additionally whether they constituted novel science, thus requiring a Kelly-Frye hearing. In People v. Tran, 2020 WL 3056213, the state presented evidence from...
Interpreting Video Images: Can You “Say What You See”?
In the 2018 Ewan McGregor movie Christopher Robin, Winnie the Pooh plays a game he calls “Say what you see,” in which he looks out and says what he sees. None of his friends object or tell him that he is not qualified to give his opinion. Forensic video analysts are often asked to...
Practicing Effective Courtroom Testimony Techniques is the Key to Success on the Witness Stand
Strategic practice using effective courtroom testimony techniques will make you a better expert witness. You have valuable information to provide and your ability to fairly and confidently communicate that information in court is essential. These are skills that can be learned and practiced. Just going to court and hoping for the best is...
Use of Force Expert Prohibited from Expressing Opinion on Video Evidence
Jackson v. Catanzariti, 2019 WL 2098991 (U. S. District Court, S.D. Georgia), is a case wherein former prison inmates sued correctional officers for violating their constitutional right to be free from excessive use of force while they were incarcerated. The plaintiffs contended that video evidence supported their complaints of excessive use of force....
What Should an Expert do with Information Received that is Contrary to the Proffered Opinion?
Experts rarely work in epistemic silos, out of touch with other experts. Indeed, it is a hallmark of expert evidence that experts are allowed to rely upon and state hearsay evidence in their reports and testimony. It follows that communication amongst experts is common and generally something that should be encouraged. This article addresses the issue...