“Image-Based Evidence in International Criminal Prosecutions: Charting a Path Forward” is available for purchase!
After many years of leading and relying upon image-based evidence in the courtroom, teaching international imagery law in several countries, and recently being awarded a PhD from Leiden University in the Netherlands on the use of non-textual evidence in international criminal prosecutions, I am pleased to announce that my book Image-Based Evidence in...
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...
Canadian Court Restricts Evidence of Forensic Video Analyst in Murder Trial
In preparation for a Canadian homicide prosecution, a forensic video analyst performed several technical and analytical processes on video images that captured relevant events. The defence objected to most of the work performed by the analyst and in a pre-trial motion during which the analyst gave extensive testimony, the trial judge ruled on...
Chickens Come Home to Roost When Covert Videos Alleging Animal Mistreatment are Ruled Admissible
Covert video recordings taken at the behest of an animal rights organization provide potentially valuable evidence in a prosecution alleging animal cruelty. In R. v. Elite Farm Services Ltd., 2021 BCSC 1583 (British Columbia Supreme Court), the defence challenged the admissibility of video evidence that the Crown sought to tender at trial. The purpose...
Chicago Murder Prosecution Falters When Expert Fails to Stay Within His Lane
Currently, a murder trial is underway in Chicago wherein former Chicago police officer Jason Van Dyke is charged with unlawfully killing Laquan McDonald by shooting him 16 times. The shooting was captured on police dashcam video. The prosecution called FBI forensic video analyst Mark Messick who had enhanced the video evidence and inserted...
Frame by Frame Analysis: Better than Just Hitting Play
Video images can provide significant information about what occurred during an event and about the people involved. Being an objective observer, the video camera records the events that occurred before it to the best of its ability, without favor or prejudice to the people depicted. It is for these reasons that video evidence...
Stay Within Your Lane!: The Importance of Knowing Your Boundaries as an Expert Witness
When an expert witness is tendered before the court, the attorney presenting the witness must advise the judge as to the specific field(s) of expertise in which the attorney wants the witness qualified. At the conclusion of the qualification voir dire, in which the proposed expert’s qualifications are examined, and after hearing legal...
Case Study: Failure to Authenticate Surveillance Video Leads to Exclusion of Evidence
Authentication is a prerequisite for the admissibility of video evidence. As discussed in several articles on this website, failure by the tendering party to lead sufficient reliable evidence to prove authentication will result in a ruling of inadmissibility. Such was the case in the May 21, 2018 ruling in State of New York v....
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....