A Brave New World?: Authenticating Electronic Evidence and the Impact of FRE Rule 902(14)
In the United States, the Federal Rules of Evidence (FRE) govern many aspects of evidence admissibility in federal cases. Given that many states have adopted portions of the FRE, the reach of the federal rules is quite expansive. The requirement for authentication is set out in Rule 901, discussed in an earlier article. Rule...
Always Have a Plan “B” For Your Courtroom Presentation
In my “Courtroom Testimony for Expert Witnesses” course, I discuss the importance of multi-modal learning. While the delivery of an expert witness’s evidence will, by necessity, be largely testimonial, it is essential that the expert witness incorporate other methods of delivering the evidence as well in order to be a truly effective communicator....
Peer Review: The Obligations of the Peer Reviewer and the Expert
Peer review is an often overlooked but important step in the finalization of an expert report. Once an expert has completed his/her expert report, especially one in which the expert has formed an opinion or conclusion, it should be given to another expert for peer review. This article will discuss the purposes of...
Narrating Video Evidence: Helping to Tell the Story
Rarely can we expect the trier of fact to watch video evidence and fully understand both the overall picture of what happened and specific pertinent details. The trier of fact does not have the luxury of relevant training and ample time to examine the media. It is for this reason that forensic video...
Case Study: Expert Witness Claims Expertise Not Actually Present
In a previous post entitled “Interpreting Video Images: The Role of the Forensic Video Analyst,” I discussed the important role that a forensic video analyst can play in providing expert interpretive evidence in court. The analyst’s job is to assist attorneys and the court in drawing informed and correct conclusions regarding the video...
Interpreting Video Images: The Role of the Forensic Video Analyst
Do you see what I see? Looking at video evidence does not mean that you will actually see all that the video has to offer. Expert interpretation of video evidence is often required in order to properly evaluate and understand the images. Relying on video evidence without expert interpretation risks the failure to...
Image Comparison Evidence: The Canadian Experience
Image comparison evidence has been used frequently in Canadian courts where favorable rulings have been made on the use of such evidence in identifying vehicles, clothing and other objects, and people. It has been subjected to the same type of challenges as seen in the United States and the more harmful the evidence...
Image Comparison Evidence: The United States Experience
Image comparison evidence can be a very powerful form of evidence in court. This kind of expert forensic video analysis evidence is frequently challenged by opposing attorneys. Through this evidence, using the objective lens of the camera and the analyst’s trained eye and detailed analysis, the trier of fact may be better positioned...
Frame Rate: Understanding the Impact of Frame Rate on Video Interpretation
Surveillance video does not always have a frame rate that allows for continuous or near continuous recording of an event. Frame rates may be reduced to account for multiple camera feeds, rotating camera activation, reducing the amount of data that is captured, etc. When the frame rate is reduced, the viewer must be...
Image Compression: Are Our Eyes Deceiving Us?
Digital compression of video images is a common occurrence. There are legitimate and laudatory reasons for such compression. Among those reasons are the fact that more data can be stored in a smaller amount of storage space, data can be easily transmitted electronically, and data can be searched more readily. However, the first...