There are occasions when investigators are unable to export an original video recording from the DVR and therefore use a video camera to record the CCTV monitor as it plays…
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…
State Supreme Court Rules on Admissibility of Expert Motion Tracking Evidence
In dynamic video-recorded scenes where several people move around within the frame and from camera to camera it can be difficult to accurately track the movement of individuals. This makes…
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…
Image Technology and Visual Literacy Issues in the Rittenhouse Trial
The November 2021 trial in State of Wisconsin v. Rittenhouse garnered significant media attention across the United States, in part because of its rather sensational facts, and in part because…
Case Study: Social Media Video Ruled Inadmissible
Social media sites have provided both benefits and challenges to investigators, counsel, and the court. The benefits they can provide are manifold. The amount of communication that is conducted through…
The Silent Witness Theory for the Admission of CCTV Video Evidence is Alive and Well: Case Examples Presented
Video evidence does not gain admission simply because counsel tenders it for entry at trial. It must be supportable under either the illustrative evidence theory or the silent witness theory….
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…
Image Annotations and the Courtroom
When is it permissible to include annotations on images presented as evidence in court? Are there limits to the types of annotations that are permitted? How can you make a…
Case Study: Homeowner Authenticates Burglary Video Recordings
A recent appellate decision from Maryland provides a helpful example of how homeowners (and by extension business owners) can be utilized to authenticate video recordings and illustrates who is permitted…
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