When Are You Considered an “Expert Witness”?
As you accumulate course work, conferences, training, and experience during your professional career, it is natural to ask whether and when you can be considered an expert and be tendered as an expert witness in the courtroom. These are important questions as they define a significant progression in your qualifications and career. The...
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...
Use of Force Expert Prohibited from Expressing Opinion on Video Evidence
Jackson v. Catanzariti, 2019 WL 2098991 (U. S. District Court, S.D. Georgia), is a case wherein former prison inmates sued correctional officers for violating their constitutional right to be free from excessive use of force while they were incarcerated. The plaintiffs contended that video evidence supported their complaints of excessive use of force....
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....
Does an Expert Witness Need to be Certified?
A question that sometimes arises in the context of expert evidence is whether an expert must be “certified” in order to be an expert witness. There is a frequently espoused view that an expert who has been certified by an organization is better than one who has not been so certified. This quest...
Case Study: Expert Witness Claims Expertise Not Actually Present
In a previous post entitled “Interpreting Video Images: The Role of the Forensic Video Analyst,” I discussed the important role that a forensic video analyst can play in providing expert interpretive evidence in court. The analyst’s job is to assist attorneys and the court in drawing informed and correct conclusions regarding the video...
Are you Qualified to be an Expert Witness? What is the Test?
In an earlier post entitled “Becoming Qualified as an Expert Witness for the First Time” I set out the four key requirements that must be met in order for expert evidence to be admissible. The fourth such requirement is that the proposed expert must have the necessary qualifications for the tendered field of...