Recommendations for Expert Image Comparison Evidence in the United Kingdom in Light of the FSR Regulatory Notice “Image Enhancement and Image Comparison: Provision of Opinion”
Introduction I attended the meeting of the Forensic Digital Media Analysis Working Group, organized and presented by the Chartered Society of Forensic Sciences, in Birmingham, UK on October 21, 2019. One of the topics discussed was the state of general image comparison evidence in the UK in light of the FSR’s Regulatory Notice 01/2019...
Case Study: Trial Judge Performs Image Comparison When Crown Fails to Present Expert Evidence
In R. v. Ermine, 2018 SKQB 77 (Saskatchewan Court of Queen’s Bench), the trial judge was placed in the position of having to conduct his own video analysis because the Crown failed to call the necessary expert evidence. In this case, three individuals robbed a bar. Two of the robbers pled guilty earlier and...
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....
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...