Part of the process of authenticating a video image is to show that the image is an accurate depiction of what the camera recorded.  One important technical issue bearing upon image accuracy that must be considered is aspect ratio (the height to width ratio of the image).  It is not uncommon to see video images of suspects and suspect vehicles being released to the media and for those images to display the incorrect aspect ratio.  It is very difficult to identify and locate a tall slim bank robber when the released image shows a short squat robber.  Similarly, when the suspect vehicle is a Jeep Cherokee but has the appearance of a clown car in the video image, there is a clear disconnect between reality and what is being portrayed.

Images with the incorrect aspect ratio are typically released because the people who create the images for the media have no appropriate training that would allow them to ensure that the correct aspect ratio is utilized.  This problem becomes much more acute if the images are not corrected for trial.  How is a jury to reconcile the fact that the bank robber is shown in inaccurate video images to be comically short and squat while the defendant is tall and slim?  Defense counsel would be quite correct to take advantage of this critical error in the prosecution’s evidence.  After all, how can the prosecution credibly seek a conviction when the suspect and the defendant cannot be the same person based on the prosecution’s own case?

It is therefore critical that video images be presented using the correct aspect ratio.  It is not sufficient to simply “eyeball” calibration or worse still, to fail to calibrate at all.  If the person who has proffered the image to the prosecution has not detected or corrected the error, it is role of counsel for the prosecution to scrutinize the evidence to ensure that it is accurate.  Image accuracy can impact upon the weight of the evidence and the reputation of the person who produced the images for publication or for use as evidence in court.  Sufficient inaccuracy may also result in an otherwise avoidable ruling of inadmissibility.