Admissibility in Court

guidelines for using digital images in trials

• Case Law (plethora of unchallenged cases)
  • Frye/Daubert
• Rules of Evidence (Federal 1001-1008)
  • Digital images are to be treated in the same way that other forms of visual evidence are treated
  • Digital images are presumed to be accurate representations of what they purport to be
  • Any accurate representation is considered to be an original.
• Judge

Court room

• Testimony
  • Eye contact with jury
  • Maintain same demeanor / same pace
  • Break down compound questions
• Defense questions:
  • Was the conclusion based upon the original image or the “manipulated” image?
  • What software was used? Has is been appropriately validated?
  • What guidelines did you follow in enhancing the image?
  • Is the enhanced image different from the original?
• Explain role
  • Clarifying quality
  • Not changing content

Photoshop Technician

• Must know which processes will yield best evidence
• Must discern procedures that may lead to evidentiary problems
• Must be able to explain steps
• Prove that valid procedures were followed
• Must be able to demonstrate that results are repeatable
• Certification