Are your Digital Photographs Admissible?
Posted by: TheForensicNurse in Forensic Nurse Training, Forensic Nursing Terms, Laws, tags: Chain of Custody, Digital Photograph, EvidenceThe use of digital forensic photography is steadily gaining in popularity almost everywhere, but one item that is almost universally raised is the authenticity of these photographs.
Digital Photographs are much easier to manipulate or alter than a traditional photograph. I’m sure that just about everyone reading this has seen some kind of ‘photoshop’ doctor’d image. From the supermodel airbrushing, or cellulite adding for shock value, to the bin laden doing various activities, the use of digital photograph editing is widespread. (Browse thru your local supermarket checkout tabloids if you would like some fresh examples.)
But not all altering of digital photographs is necessarily harmful, at least in intent. Take for example, the straightening or cropping of a photograph to help highlight that perfect shot, or the masks and filters that take the annoying red eye out of a photograph caused by the lense flash.
These are often innocent “enhancements” to photographs to make the captured subject more pronounced, or centered into the picture. But be careful treading into this arena if these photographs are going to be used in a criminal or forensic proceeding.
Image Enhancements
Any process intended to improve the visual appearance of the image falls under the category of an image enhancement. That includes contrast, brightness, color adjustments, color rebalancing, cropping, bluring, dodging and burning.
Unless the photograph is admitted and agreed to by the stipulation of both parties, the party attempting to admit the photograph into evidence must be prepared to offer testimony that the photograph is an accurate representation. Or more to the point, be prepared to testify in court that the image being submitted into evidence is accurate and unaltered in any way.
Federal Rules of Evidence, Article X (Contents of Writings, Recordings, and Photographs), Rule 101 defines writings and recordings to include magnetic, mechanical or electronic recordings. Rule 101 states that if data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect data accurately, is an “original.” A “duplicate” is defined as a counterpart produced by the same impression as the original…by mechanical or electronic re-recording … or by other equivalent techniques which accurately reproduces the original. Rule 103 (Admissibility of Duplicates) states a duplicate is admissible to the same extent as an original unless a genuine question is raised as to the authenticity of the original or in the circumstances it would be unfair to admit the duplicate in lieu of the original. This means a photograph can be stored digitally in a computer, that a digital photograph stored in a computer is considered an original, and that any exact copy of the digital photograph is admissible as evidence.
In part Two, we will discuss the proper chain of custody for digital evidence
Entries (RSS)