The quintessential role of the expert witness in the courtroom is assistive by design. Expert witnesses are only permitted to testify if they possess scientific, technical, or other specialized knowledge…
Should Video Recordings of Monitors be Ruled Authentic?
In order to make sound, informed decisions about the content of videos tendered as evidence, it is preferable to have the original recording, or a copy that has been verified…
Appellate Ruling on Authentication: Speculation of Impropriety Not Enough
Should video evidence be ruled inadmissible because an expert raises potential concerns regarding its authenticity? Mere speculation is insufficient to dislodge a prima facie showing of threshold authenticity according to the Court…
New “Forensic Talks” episode featuring Jonathan W. Hak, Q.C.
The New Year started with a wide-ranging interview by Eugene Liscio on several topics relating to expert witness testimony, the use of forensic science in the courtroom, digital media, and…
The Admissibility of Video and Photographs Posted to Social Media: Inconsistent Court Rulings
Video and photographs posted to social media sites often have value for the prosecution. The challenge posed by social media evidence is authenticity and even though the law is quite…
Federal Court Rejects Opinion of Video Expert on Use of Force Due to Expert Exceeding Qualifications
Experts are professionally and ethically bound to limit opinions to their own area of expertise. Despite this clear demarcation, some experts purposely exceed those limits, often to the detriment of their…
Federal Court Rejects Evidence of Forensic Video Analyst as Opinion “Largely Based on Conjecture and Speculation”
In Melton v. Klee, 2019 WL 1315723, the United States District Court, Eastern District of Michigan, Southern Division, considered a pro se petition for a writ of habeas corpus following the petitioner’s conviction for assault…
Recommendations for Expert Image Comparison Evidence in the United Kingdom in Light of the FSR Regulatory Notice “Image Enhancement and Image Comparison: Provision of Opinion”
Introduction I attended the meeting of the Forensic Digital Media Analysis Working Group, organized and presented by the Chartered Society of Forensic Sciences, in Birmingham, UK on October 21, 2019. One…
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…
Anonymous Videos Used to Take Children Away from Mother in Child Welfare Trial: Colorado Court of Appeals Weighs in on Authentication
In People In Interest of M.V., 432 P.3d 628, 2018 WL 5988705, the Colorado Court of Appeals was asked to review the decision of a trial judge ordering that a mother’s…
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