Appellate Court Provides Helpful Guidance on Video Narration
First time viewers of video recordings will often gain an increased understanding of the events depicted at both a macro and micro level if their observations are supplemented with competent narration by a witness with knowledge of the video content. Previous articles on this site have featured cases wherein courts have approved of...
AI Enhanced Video Ruled Inadmissible in US Court
It was only a question of time before counsel would tender AI enhanced video evidence before a court in support of their trial position. This occurred in February 2024 in a triple homicide prosecution in Washington state when defence counsel called an expert witness to present such visual evidence and the prosecution challenged...
Validating Forensic Tools, Output Images, and Other Data
Forensic video technicians and analysts utilize various hardware and software tools to acquire, interrogate, interpret, and present image-based evidence in the courtroom. When presenting their evidence in court, technicians and analysts must be able to justify their reliance upon their chosen tools and must be able to articulate why the court should have...
CCTV Video Authentication Case Study: Did the Prosecution Do Enough?
CCTV surveillance video is often relied upon by the prosecution to establish essential facts in a case. To achieve admissibility, counsel for the prosecution must lead sufficient authentication foundation evidence. If the defence takes issue with the evidence led, they can argue that the prosecution has not met its burden. This case summary...
“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...
The Search for the Truth in Open Source Evidence: Challenges, Limitations, and Opportunities
Open source image-based evidence is a key source of potentially valuable evidence in international and national criminal investigations and prosecutions. However, there are significant challenges and limitations involved in the use of this free-range evidence. I spoke about the use of open source image-based evidence at a conference hosted by the Inner Temple...
Artificial Intelligence and Images: Investigative Tool or Evidence?
Artificial intelligence (AI) is in the news almost daily. It is being used in many contexts, some for salutary purposes, and some for more insidious reasons. When considering the intersection of AI and image-based evidence in criminal investigations and prosecutions, it is important to draw a distinction between the use of AI for...
Opposing Experts Diverge on Video Authentication: Case Study
An interesting surveillance video authentication case involving opposing experts found its way to the Appellate Division of the Superior Court of New Jersey. This article reviews the facts that were considered by the trial judge, the expert evidence presented, the authentication ruling of the trial judge, and the appellate review of that ruling....
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...
Best Practices for Obtaining Video Evidence from DVRs, Smartphones, and Other Devices
In an ideal world, the people who recover video evidence from devices for legal purposes would be fully conversant with how to perform this task in a forensically sound manner so that all parties and the court could benefit from the value of the images. In the real world, this approach is neither...