NCJ Number
212629
Journal
FBI Law Enforcement Bulletin Volume: 74 Issue: 12 Dated: December 2005 Pages: 1-8
Date Published
December 2005
Length
8 pages
Annotation
This article examines evidentiary and legal issues regarding the admissibility in criminal court of digital photographs.
Abstract
Digital photography is being increasingly recognized and used in law enforcement as an efficient tool that enables instant viewing and distribution of images that aid in criminal investigations. The major concern about digital photography is its admissibility as evidence in court, since it can be manipulated with computer software. Traditional film-based photography, however, can also be manipulated, either in the course of taking the original photograph or in developing the film. Under current rules of evidence, any party seeking to introduce a film-based photograph must demonstrate its relevancy (i.e., add to the likelihood that an event did or did not occur) and authenticity (i.e., a knowledgeable person must verify the image's accuracy). Also, in order to prove the content of a picture, courts generally require the original, defined as the negative or any print therefrom. Many people fear that digital photographs can become altered more easily than film-based images and that supposed original images recorded on a camera's light-sensitive chip can be manipulated. To alleviate fears that digital photographs can elude confirmation of authenticity under current rules of evidence, law enforcement agencies should attempt to establish standard operating procedures that include, at least, the preservation of and accountability for the original image on a camera chip, prior to processing via computer software and a printer, with subsequent evidence of how the image was processed prior to admission into evidence. As judges and attorneys become aware of the potential abuses of digital photography and familiar with the associated technology, any abuses will be detected and any images without sufficient authentication will be excluded, while authentic images will be entered into evidence.