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...
The Pedagogical Expert Witness: Teaching Complex Science in the Courtroom
The following article, applicable to experts in all areas of expertise, was written by me in conjunction with my Courtroom Testimony for Expert Witnesses course and will soon be published in the Canadian Society of Forensic Science Journal. It will be available on an Open Access basis and once published, it will be...
Image Technology and Visual Literacy Issues in the Rittenhouse Trial
The November 2021 trial in State of Wisconsin v. Rittenhouse garnered significant media attention across the United States, in part because of its rather sensational facts, and in part because it was televised. Some interesting video technology and visual literacy issues arose during the trial that have allowed for some reflection and commentary...
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...
Recent Canadian 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...
The Search for the Truth in Images Requires Competent Experts, Forensic Tools, and Counsel
The recent (November 2021) high profile American murder prosecution (State of Wisconsin v. Rittenhouse) has garnered considerable media attention, primarily because of the polarizing views on the propriety of Rittenhouse shooting people and then claiming self-defence as the justification for doing so. The purpose of this article is not to weigh in on...
Expert Witness or Lay Witness: Who Decides and Why?
When I teach my Courtroom Testimony for Expert Witnesses course, a topic that frequently arises is how the decision is made as to whether to present an expert as an expert witness or a lay witness at trial. The decision may have significant ramifications and the purpose of this article is to explore that topic...
Court Excludes Expert Testimony Not Covered in Expert Report
An expert who has been retained to analyze evidence and draft a report for use in litigation is generally not permitted to give testimony and express opinions beyond the contents of the report. There are sound legal and practical reasons for this limitation. This article examines a recent case illustrating this point and...
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...