State Supreme Court Adopts Forensic Image Comparison Opinion: Issues Raised by the Evidence
Forensic image comparison, wherein questioned images are compared to known images to determine similarities and differences in image content, has been the subject of judicial commentary in courts in Canada, the US, and the UK for several years. Some courts have endorsed this method of analysis, while other courts have restricted it or...
Reverse Projection Photogrammetry: When is Measurement Uncertainty an Issue of Admissibility?
A home security video surveillance system captured relevant events that transpired outside the home before and after two murders were committed nearby. Of note, it recorded images of a person walking and carrying what appeared to be a shotgun. The facial features and race of the person of interest were not discernible due...
Police Record CCTV Monitor – Authentic Enough?
There are occasions when investigators are unable to export an original video recording from the DVR and therefore use a video camera to record the CCTV monitor as it plays the relevant video. This less-than-ideal solution for video capture makes forensic video analysts bristle and opposing counsel cringe. What does the law say...
Who is Qualified to Express an Opinion on Image Comparison?
A fundamental question in the forensic process of image comparison is what qualifies a proposed expert to express such an opinion for the court’s consideration. Various contenders ranging from people with no qualifications whatsoever, to wedding videographers, production video specialists, experts from the non-imaging world, and certified forensic video analysts have appeared in...
State Supreme Court Rules on Admissibility of Expert Motion Tracking Evidence
In dynamic video-recorded scenes where several people move around within the frame and from camera to camera it can be difficult to accurately track the movement of individuals. This makes it challenging for the trier of fact to understand what is happening generally and to differentiate the actions attributed to each individual. Motion...
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...
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...
Case Study: Social Media Video Ruled Inadmissible
Social media sites have provided both benefits and challenges to investigators, counsel, and the court. The benefits they can provide are manifold. The amount of communication that is conducted through social media platforms is staggering, largely relegating voice communication via telephone a place in the history books. Many people who use social media...
The Silent Witness Theory for the Admission of CCTV Video Evidence is Alive and Well: Case Examples Presented
Video evidence does not gain admission simply because counsel tenders it for entry at trial. It must be supportable under either the illustrative evidence theory or the silent witness theory. Both theories are long-standing common law tests used to regulate the admission of video evidence in the courtroom. Under the illustrative evidence theory,...
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...