Documents and Links concerning

Admissibility of Still, Digital Photographs (images) in Criminal Trials

(This page is provided for your information.  I do not vouch for accuracy or opinions.)

 

Refresh your browser for the most current information.

 

Submission of documents, guides, and links welcome !!

keith.hodges@adelphia.net; keith.hodges@dhs.gov

 

 

The focus of this page is the admissibility of digital photos in criminal trials. Many of the huge number of links deal slightly off-topic – such as forensic examination of seized drives.

 

To assist those focusing on “the topic” from having to wade through too many links, the on-topic items are below.  Links to related topics are HERE:

 

Last updated: June 1, 2004

 

 

Important Addition

 

Draft Procedure Guide

Handling Digital Photographs for Use in Criminal Trials

(RTF/Word)  (PDF)

 

Your comments, forms, and similar guides welcome.

keith.hodges@dhs.gov

 

 

 

Downloadable Documents

 

Title (Click on title or format)

Source

Admissibility of Digital Evidence in Criminal Prosecutions, The [Word]  [PDF]

Jonathan W. Hak, Crown Prosecutor, Department of Justice, Alberta, Canada

Admissibility of Digital Photographic Evidence: Should it be Any Different Than Traditional Photography?

National District Attorneys Association

Admissibility of Digital Photographs in Court, The

Steven B. Staggs

Admissibility of Digital Photos

Environmental Health Journal

Best Practices for Seizing Electronic Evidence

 

International Association of Chiefs of Police – DOJ - US Secret Service and others.

Digital Cameras and equipment

 

2003 RA  (First published in the September 2002 issue of PI magazine.  James W. Harbert CLI FCI)

Digital Evidence Collection & Handling

 

North Carolina Wesleyan University

 

Digital Evidence in the Courtroom: A Guide for Preparing Digital Evidence for Courtroom Presentation (Master Draft)

National Center for Forensic Science

Digital Images as Evidence

UK

Digital Images as Evidence in the Judicial Process

UK

Digital Imaging Procedure

·    Cover (PDF)

·    Contents (PDF)

·    Main document (PDF)

·    Chart (PDF)

The site in UK – same document – larger format. Connection may take an extra second or two. (PDF)

Police Scientific Development Branch, Association of Chief Police Officers (England, Wales, and N. Ireland)

Digital Photographs (in the courtroom) [PowerPoint] [PDF]

Robert M. Morgester, Deputy Attorney General, Special Crimes Unit, California

Digital Photographs as Evidence in Utah Courts

Utah Bar member

Digital Photography Helps Bolster Domestic Violence and Abuse Cases 

Tom’s Hardware Guide

Digital Photography: An In Depth Analysis of an Emerging Trend within the Computer Age

Robert B. Fried

Electronic Crime Scene – A Guide for First Responders

 

National Institute of Standards and Technology

Ensure Admissibility of Digital Images

Richard Kammen and Herbert Blitzer via Iowa Division, International Association for Identification

Ensuring The Integrity Of Digital Images

IACP

Essay on Digital Image Manipulation, An

Chuck Doswell

Evidentiary Issues Involving Digital Photographs

Nassau Lawyer

Forensic Digital Imaging and Photography 

Institute for Forensic Imaging  

Forensic Photography for the Crime Scene Technician (Course outline for students) 

Steven Staggs

Guidelines and Recommendations for Training in Imaging Technologies in the Criminal Justice System

SWGIT

Guidelines for Field Applications of Imaging Technologies (includes info on Film vs. Digital Cameras)

SWGIT

Handling Digital Evidence  Standard Operating Procedures

Pueblo High-Tech Crimes Unit

How Computers Store Pictures

Robert A. Caspe

JPEG Debate, The

Wisconsin IAI

Law Enforcement Investigations

 

US Army Military Police - addresses some use of digital cameras 

Legal Ramifications of Digital Imaging in Law Enforcement

Eric C. Berg

Preservation of Fragile Digital Evidence by First Responders

 

Special Agent Jesse Kornblum

Air Force Office of Special Investigations

Added June 1: Protocol for Preserving Digital Images in Connection

with Case Investigation or Trial Preparation

[Training Bulletin for above]

San Diego DA Office

Recommendations and Guidelines for the Use of Digital Image Processing in the Criminal Justice System

SWGIT

Reyes Case

Florida Division of IAI

Suggested Procedures For Preservation Of Digital Crime Scene Photographs

PoliceCentral

SWGIT Index of References and Resources (Mar 2004)

[Word]  (Some of the documents are also individually listed)

SWGIT

Understanding and Integrating KODAK Picture Authentication Cameras

Kodak

You Won't Believe Your Eyes: Digital Photography as Legal Evidence

Copyright© 1995 Roderick T. McCarvel

Links

 

Title (Click for page)

Source

Crime Scene and Evidence Photography

(Links to many state and commercial sites.)

crime-scene-investigator.net

Evidence Photographers International Council, Inc. (Commercial)

 

International Association for Identification

IAI

Law Enforcement Tech Guide: How to plan, purchase and manage technology (successfully!).

COPS (DOJ)

SWGIT Information on Resources (posted on IAI page)

SWGIT / IAI

Virtual Librarian (just LOTS of information)

 

 

Links and Documents from the Critics

Samples of forged digital photos

 

9-11 Fake Photo (Poor quality) 

 

Detection of Copy-Move Forgery in Digital Images 

Jessica Fridrich, David Soukal, and Jan Lukáš

Digital Photo Editing; Worth a Thousand Lies

Public Defender Forum

Forgery  Is it Fake or Foto

(Fun quiz)

Gallery of Forgeries 

ZeHut Software Ltd. 

Moths to the Flame  

MIT Press

Photographic Evidence, Naked Children, and
Dead Celebrities: Digital Forgery and the Law

Jol A. Silversmith*

Reasons to Challenge Digital Evidence and Electronic Photography

National Association of Criminal Defense Lawyers

Reluctant Fan of Technology

Canadian Criminal Attorney

Shark and Blackhawk forgery

 

The status of the photographic image in the digital age, as well as the debate surrounding the new technology and its implications. (note especially Chapter 3)

Thesis