Video Analysis Errors in Murder Trial
A Canadian trial judge convicted the defendant of two counts of murder based on circumstantial evidence and the judge’s own comparison of questioned images of the shooter and known images of the defendant. The Court of Appeal set aside the convictions and substituted them with acquittals due to the trial judge’s flawed analysis...
“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...
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...
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...
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...
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 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...
Court Restricts Forensic Video Analyst in Image Comparison Opinion Evidence
In Canada and the United States, courts rarely limit the ability of a qualified forensic video analyst to provide image comparison opinions. Conversely, in the United Kingdom, the Forensic Science Regulator has placed significant restrictions on the use of evaluative opinions. For more on the UK situation, refer to the article on this...
FSR responds to “Evaluation of the Forensic Science Regulator’s recommendations regarding image comparison evidence”
In my August 26, 2019 article posted on this website, I included the evaluation I conducted of the UK Forensic Science Regulator’s directives to change image comparison evidence in the UK. The Regulator recently responded to my article and her response has been published in Forensic Science International: Synergy. Her response can be...
“Evaluation of the Forensic Science Regulator’s recommendations regarding image comparison evidence”
I have recently published an article in the scientific journal Forensic Science International: Synergy. Here is the abstract: Expert image comparison evidence can be a vastly helpful tool in the search for the truth, a central tenet of the criminal justice system. This evidence assists the court in determining the relationship between a...