Image Comparison Evidence in the UK: Have Things Changed?
I research, write, and lecture about international imagery law. In preparation for upcoming courses in the UK this summer, I was reviewing recent case law and came across a March 2022 case from the Court of Appeal (Criminal Division) that piqued my interest. It is consistent with previous case law but appears to...
Recent American Cases on Image Interpretation
Several times a year I conduct a comprehensive search of recent reported case law on topics related to video evidence, forensic video analysis, and pertinent expert witness testimony issues. This provides me with new case law that illustrates how courts are assessing and deciding relevant litigated issues on these topics. This article focuses...
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...
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...
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: Facial Recognition Evidence Premised on Surveillance Video Rejected Due to Unreliability
A recent California case provides yet another illustration of how conclusions premised on the analysis of images obtained from surveillance video must be reached by people who have forensic video analysis training and how it is the role of the court to deny admissibility to unreliable expert evidence. In State of California v....
Case Study: Vehicle Speed Determination Based on Video Evidence Rejected as Being Unhelpful
Determining the speed of motor vehicles involved in collisions is central to virtually all cases where fatalities have occurred. I have prosecuted countless criminal driving fatality cases wherein speed was integral to determining liability. While there are cases where vehicle speed cannot be reliably determined, speed can typically be determined from measurements obtained at the...
Case Study: Vehicle Speed Determination from Video Evidence – Video Evidence Excluded Due to Unreliability and Failure to Authenticate
State of New Hampshire v. Witty (unreported, November 25/15, New Hampshire Superior Court, Southern District, Docket No. 226-2014 CR-00568) is an interesting case wherein the state sought to lead vehicle speed determination evidence premised on problematic surveillance video without the use of an expert witness. The defense sought to exclude this evidence. The...
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...
In Search of the Truth: Why Experts Matter
During my career as a Crown Prosecutor, my goal has been to ascertain the truth as to what happened in any given incident because it is only upon discovering the truth that we can strive for justice, however illusive that goal may be to achieve in practice. In search of the truth, it...