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ASSIGNMENT

1. Look for articles on the admissibility/inadmissibility of digital


camera/photography as a court evidence. If admissible,
enumerate the procedures to be followed to ensure its
admissibility. Cite Philippine law/s as legal basis. If not,
enumerate the reasons and jurisprudence disallowing it.
2. Give at least five Philippine court decisions concerning the
admissibility of photography as an evidence. Provide short
highlights of these decisions.
(Example: People v. Reanzares, G.R. No. 130656, 29 June 2000.
“Lie detector test has never been accepted in our jurisdiction as
a means of ascertaining the truth”.)
3. Use A4 size bond papers for your answers. Handwritten.
4. To be passed on Monday.
DIGITAL PHOTOGRAPHY
DIGITAL PHOTOGRAPHY

Is a form of photography that uses an array of


light sensors to capture the image by the lens,
as opposed to an exposure on light sensitive
film. The captured image is then stored as a
digital file for digital processing ( color
correction, sizing, cropping), viewing or
printing.
DIGITAL CAMERAS

The principal attraction with the digital cameras is


the immediacy of the results. As soon as the picture
is taken, the shot can be viewed instantly on screen
as well as on the computer or TV screen. There is no
processing stage; the image can be printed a home
using a standard desktop printer or professionally
using photographic paper and the memory can be re-
used. Digital camera use an electronic light-sensitive
CCD or CMOS chip that converts into a digital form
using the same binary code in which all computer
files are stored (Hedgecoe, 2005)
TYPES OF (DIGITAL???)CAMERAS

1. View camera
2. Polaroid camera or Instant-print Camera
3. Spy Camera
4. Infrared Camera
5. Pinhole camera
6. Disposable Cameras
7. Cellphone cameras
ADVANTAGES OF DIGITAL PHOTOGRAPHY
• It allows shooting in both color and black and white.
• There is no need to worry about running out of film.
• It has LCD monitor that can be used for framing shots or
reviewing pictures already taken.
• It also provides a high degree of control over exposure,
focusing, color balance, and other creative functions.
• An added feature on many digital cameras is the ability to
shoot video.
• It offers an automatic exposure bracketing (AEB). The digital
camera’s exposure system automatically varies exposure in a
series of three shots.
• You can take as many photographs in one go as the memory
card will allow.
• You can conveniently share your pictures.
QUIZ -1/2
What do you consider as the most important advantage
of digital cameras? Why?
DISADVANTAGES OF DIGITAL PHOTOGRAPHY
• Digital cameras are not as sensitive to light as the
film-based cameras.
• They require more light to make an exposure.
• The shutter lag or the delay between pressing the
shutter button and actually capturing of the image
can lead to missed opportunities.
• The LCD viewfinder can sometimes be hard to see on
a bright day.
• Camera battery life is limited due to the abundance
of computerized parts.
DIGITAL PHOTOGRAPHY IN POLICE WORK

• The use of digital cameras is an excellent means


of recording for crime scene investigations.
• By viewing the image, the forensic photographer
can ensure that the image has been recorded
accurately.
• The image recorded can be electronically
transferred between sites for the purpose of
briefing or searching against databases.
DIGITAL PHOTOGRAPHY IN POLICE WORK
The important issue regarding the use of
digital cameras refers to the security and integrity of
the electronic image from the time it was taken at
the crime scene to the investigative process and the
presentation in court. It seems relatively easy to
enhance the digital image or remove an object from
it, thus raising issue of digital image manipulation.
DIGITAL PHOTOGRAPHY IN POLICE WORK
In crime scene investigations: methods and Procedures, Ian K
Pepper (2005) cites the suggestion of the Police Scientific
Development Branch regarding this issue. An audit trail should
be initiated as soon as digital image is recorded that will
remain with the image from its beginning until its final
disposal. Such a trail should include details of the case,
description of master files, their storage, any access to them,
copying of the image, viewing of the image, and their use in a
court of law. Pepper further suggest that as soon as possible,
the first digital recording of he image should be burned in an
uncompressed format to a writeable CD in a Write Once, Read
Many (WORM) format. Information about the date and time the
CD should be recorded and the details of the person making
the recording should be included. Future alterations or
enhancements of every image should also be recorded in the
sequence they are performed.
ADMISSIBILITY OF
DIGITAL PHOTOGRAPHS IN COURT
The growing popularity and reliance on digital photography has given rise
to new admissibility issues in the court

Advantages of Digital Photography


There are many advantages of using digital photographs as opposed to
traditional film. Digital cameras produce instant images, allowing the
photographer to view the images and instantaneously decide whether
the photographs are adequate without the delay of waiting for the film
and prints to be processed. Digital photography does not require
outside developing or reproduction. Furthermore, digital photographs
are easily stored, do not take up additional physical space and can be
widely disseminated electronically with virtually no time delay.
CHALLENGES TO ADMISSIBILITY:

The potential for manipulation may provide the


basis for admissibility challenges; however,
digital images are rarely challenged in court.
One possible explanation is the legal
community's general lack of awareness of the
characteristics of digital images that could
make them less reliable as evidence than
traditional photographs. Because of the few
challenges and therefore scarcity of case law
on the subject, the lack of awareness of the
unique evidentiary issues digital images
present is perpetuated.
GUIDELINES FOR ENSURING YOUR
DIGITAL PHOTOGRAPHS ARE ADMISSIBLE
Develop a Standard Operating Procedure (SOP) on the
use of digital imaging. The SOP should include when
digital imaging is used, chain of custody, image
security, image enhancement, and release and
availability of digital images.

Most importantly, preserve the original digital image.


This can be done a variety of ways including saving
the image file to a hard drive or recording the image
file to a CD. Some agencies elect to use image
security software.
GUIDELINES FOR ENSURING YOUR
DIGITAL PHOTOGRAPHS ARE ADMISSIBLE

Digital images should be preserved in their original file formats.


The saving of a file in some file formats subject the image to
lossy compression.
If images are stored on a computer workstation or server, and
several individuals would have access to the image files,
make the files read-only for all but your evidence or photo lab
staff. As an example, detectives could view any image files
but they would not have rights to delete or overwrite those
files.
If an image is to be analyzed or enhanced the new image files
created should be saved as new file names. The original file
must not be replaced (overwritten) with a new file.
LEGAL FOUNDATION OF DIGITAL PHOTOGRAPHY

Rules on Electronic Evidence


Rule 11
AUDIO, PHOTOGRAPHIC, VIDEO, AND EPHEMERAL EVIDENCE
Section 1. Audio, video and similar evidence. – Audio,
photographic and video evidence of events, acts or
transactions shall be admissible provided it shall be shown,
presented or displayed to the court and shall be identified,
explained or authenticated by the person who made the
recording or by some other person competent to testify on the
accuracy thereof.
LEGAL FOUNDATION OF DIGITAL PHOTOGRAPHY

International Association for Identification (IAI Resolution Number


97-9
The International Association for Identification……. formally
recognize that just as color film was a normal progression of
the technological evolution of imaging from black and white
film, electronic/digital imaging is a normal progression of the
technological evolution of imaging from silver-halide based film,
therefore be it
The International Association for Identification recognizes
that electronic/digital imaging is a scientifically valid and proven
technology for recording, enhancing, and printing images and
like conventional silverhalide based photography, it is accepted
by professional commercial photographers, law enforcement
photographers, and the identification community.
ADMISSIBILITY OF DIGITAL IMAGES
State of Washington vs. Eric Hayden, 1995: A homicide case
was taken through a Kelly-Frye hearing in which the
defense specifically objected on the grounds that the
digital images were manipulated. The court authorized the
use of digital imaging and the defendant was found guilty.
In 1998 the Appellate Court upheld the case on appeal.
State of California vs. Phillip Lee Jackson, 1995: The San
Diego (CA) Police Department used digital image
processing on a fingerprint in a double homicide case. The
defense asked for a Kelly-Frye hearing, but the court ruled
this unnecessary on the argument that digital processing
is a readily accepted practice in forensics and that new
information was not added to the image.
FILM EXPOSURE

FILM LIGHTING CONDITION


SPEED
Bright Sun Hazy Sun Dull Sun
ISO 100 1/125 f11 f8 f5.6
ISO 200 1/250 f11 f8 f5.6
1/125 f16 f11 f8
ISO 400 1/500 f11 f8 f5.6
1/250 f16 f11 F8
1/125 f22 f16 f11
SHUTTER SPEED
Determine how long light is
allowed through lens. It is
express in seconds
LENS SPEED/DIAPHRAGM
Refers to the opening of the lens measured by f-stops
APERTURE

The opening in the shutter where the light


passes