Courts in Northern Ireland have made important admissibility rulings regarding the authentication of videos presented as evidence in terrorism cases. One case addresses the admission of key video evidence when no…
Case Study: How a YouTube Rap Video was Used to Convict a Defendant
Video uploaded to social media sites must be authenticated in order to be admissible. The question of what level of proof is required to meet the authentication requirement was explored recently…
Order in Court! The Value of Practical Moot Court Training
One of the most common sentiments expressed about the Courtroom Testimony for Expert Witnesses course is this: “The part I feared the most was the moot court and the part…
Audio Interview: Keys to Effective Expert Witness Testimony
The Excellence in Training Academy (excellenceintrainingacademy.com), a resource dedicated to law enforcement training, interviewed me recently on the subject of expert witness testimony. In this hour-long interview, we cover a number…
Case Study: Authenticating Facebook Video – “We Live!”
The admissibility of Facebook video was at issue in Lamb v. State of Florida, 246 So.3d 400 (2018) (District Court of Appeal of Florida, Fourth District). The defendant was being tried for…
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…
Case Study: Vehicle Speed Determination Based on Video Evidence Rejected as Being Unhelpful
Determining the speed of motor vehicles involved in collisions is central to virtually all cases where fatalities have occurred. I have prosecuted countless criminal driving fatality cases wherein speed was integral…
Case Study: Vehicle Speed Determination from Video Evidence – Video Evidence Excluded Due to Unreliability and Failure to Authenticate
State of New Hampshire v. Witty (unreported, November 25/15, New Hampshire Superior Court, Southern District, Docket No. 226-2014 CR-00568) is an interesting case wherein the state sought to lead vehicle…
Case Study: Trial Judge Performs Image Comparison When Crown Fails to Present Expert Evidence
In R. v. Ermine, 2018 SKQB 77 (Saskatchewan Court of Queen’s Bench), the trial judge was placed in the position of having to conduct his own video analysis because the…
In Search of the Truth: Why Experts Matter
During my career as a Crown Prosecutor, my goal has been to ascertain the truth as to what happened in any given incident because it is only upon discovering the…
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