Rules of Evidence for Photos

I'm just curious as to what the national census is regarding admission of digital still photos as evidence in various courts around the country ?

The manufacturers of traditional 35 mm and related film products are slowly phasing those products out since they are no longer a viable commodity since the introduction of digital cameras. However, I have been told by some Da's, attorneys, and other investigator's, that in several jurisdictions, the judges will not allow digital photos to be entered into evidence because they are so easily doctored or manipulated via various computer programs, such as Photoshop. Naturally, this is affecting the Criminal Justice arena regarding crime scene documentation, surveillance photos, material/object photos, etc.

So When 35 mm film eventually becomes completely obsolete and unavailable or too expensive to obtain, then what will the prohibiting jurisdictions do ?

Interested in other viewpoints/comments/rules in other areas....

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River City Associates
Decatur, Al. 35601

Never had a problem, but you can't write on the face of the photograph, only on the back. The photo is not admissible in MD if the face has writing on it.

Scott

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R.E. "Scott" MacLean III

"Leaders are like Eagles, you never see them in a flock, but one at a time"

Chesapeake Group Investigations, Inc.
Chesapeake Bail Bonds
877-574-0500
301-392-1100 (fax)
301-392-1900 (Office)

film vs. digital.... you can copy a negative, alter it and reprint just as easy as digital, if you have the right equipment... I have copied slides/transparencies, negatives and/or prints and altered and changed them in many ways... the fact that it is on film means basically nothing.

35mm relates to the size of the negative or film or the plate in the back of the camera... digital relates to the storage medium that is used. Film is a chemical and physical process, digital is an electronic process... but the picture can be altered non the less.

Most of the courts in my area are using digital processes in pictures, videos for courtroom processes and even fingerprinting. Digital is the way of the future and is being instrumented everywhere. Defendant pictures inside the jails is mostly all digital now and I have never had a judge question any picture that was brought into the courtroom in a case.

Yours is the first I have heard of a court questioning a film or digital picture.

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Bill Marx, Sr.
"FREE STATE BAIL BONDS"
"FREE STATE INVESTIGATIONS"
DCJS: 99-176979
Cell: 434-294-0222

"Endeavor to Persevere" "Lone Watie"

"Good judgment comes from experience, and a lot of that , comes from bad judgment" "Will Rogers"

Most federal law enforcement agencies and large city/county agencies use digital photography and it is readily admitted to court. From my personal experience on the PI side of business, I have been using digital cameras for the past 5 years and, as yet, have never had any problems with it.

Also, with digital, the metadata information regarding time, date, along with a large amout of other information is embedded in the image file when the 'shutter' button is pressed. Any alterations made to the original will be recorded in the metadata file and can easily be determined on any computer.

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Randall Crew
Randall Crew & Associates
641-289-0136