One of the most palpable concerns about digital media is whether it can be trusted. One of the topics that I am researching and writing about in my PhD is…
Frame by Frame Analysis and the Use of Spotlighting Accepted in Murder Prosecution
In R. v. Ahmed, 2021 ONSC 2141 (Ontario Superior Court of Justice), the defendant was charged with murder arising out of a shooting in an Ottawa nightclub. He admitted shooting the…
Court Restricts Forensic Video Analyst in Image Comparison Opinion Evidence
In Canada and the United States, courts rarely limit the ability of a qualified forensic video analyst to provide image comparison opinions. Conversely, in the United Kingdom, the Forensic Science…
Appellate Courts Weigh in on Authentication of Digital Media in Canada
Authentication of digital media by the tendering party is a precondition for admissibility at trial. The focus of this article is on assessing what level of proof is required in…
Defence Challenges Motion Tracking by Forensic Video Analyst: Too Helpful Perhaps?
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…
Yes Virginia – There Really are Limits to Expert Video Narration in Court
One of the contentious aspects of providing expert video-related evidence in court is the extent to which the expert can provide narrative testimony about what is shown in the video….
An Expert for All Seasons? A Study in Expert Overreach
In January 2020, James Wells was sentenced to life imprisonment for the April 2012 murders of two U.S. Coast Guard employees, who were co-workers of Wells on Kodiak Island, Alaska….
California Court of Appeal Rules Upon the Propriety of Forensic Video Analysis Techniques Utilized by Expert
The California Court of Appeal recently had occasion to review certain forensic video analysis techniques employed by a forensic expert for the purpose of determining whether they were properly admitted…
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