Situation forensic science

“The adoption of technology by police agencies has been a type of 'black box' -- police have accepted such technologies, but have generally not assessed or evaluated them. They bring in new equipment or new technologies because they work in theory, but know little about how to use such technologies so that they work best."

That's how two Harvard scholars, David Weisburd and Peter Neyroud, explained the relationship of police and science in their article "Police Science:  Toward a New Paradigm".

Deliberate with digital evidence

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A recent appeal in Indiana claimed the court should provide the jury with the ability to examine digital evidence during deliberations.  The digital evidence in the case included three CD-ROMs containing a series of digital photos.  In the appeal the plaintiff, Paul Arlton, a patient who received eye surgery from the defendant, claimed that the digital format of images of his retina would have aided the jury during deliberations. He claimed that the digital images provided more detail than the smaller, printed copies, which were the only form of the evidence available to the jury during deliberations.

The Court of Appeals of Indiana agreed.

The opinion from the Court of Appeals of Indiana opinion states that the "jury should not have been precluded from accessing the digital exhibits".  The opinion addresses some of the practical issues with giving the jury access to the digital format of the evidence, for example, potential unintended issues with giving the jury access to a computer to view the images.  The jury could misuse the computer to access extraneous information.  The opinion suggests that evidence be transformed into a medium that is accessible without a computer or provide the jury with a 'clean' computer that contains no other information and no access to the Internet.

If this ruling stands for other cases and all types of digital evidence it brings up some good questions for digital video evidence.

Full opinion from Court of Appeals of Indiana

Be advised: video presents the facts

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Video evidence can be a great storyteller. A storyteller of the truth, revealing the scene exactly as it occurred.  One such visual truth telling benefited the prosecution when video evidence revealed missing pieces in the story of a case involving drug possession with intent to distribute. The video evidence became "the most important evidence the government presented to the jury" according to the opinion on the case's appeal; US v. Jose Santos Morin, US Court of Appeals for the Fifth Circuit, No. 09-40702. At the same time, in this case, along with acknowledgement of the importance of the video evidence, the opinion offers some cautions on the analysis and interpretation of that video evidence.

Your Day in Court

As an investigator or officer, court day is the grand finale of your investigation. The opportunity to show off your good works. Court day has finally arrived. You have been called to the witness stand.


Courtroom testimony is a critical law enforcement tool needed to conduct investigations, enforce the nation’s laws, protect its citizens and maintain national security.

Accordingly, the ability to develop the skill set necessary to deliver timely, accurate and truthful testimony is vital to the success of these investigations. Without proper training and re-training, federal, state, and local law enforcement experts will continue to struggle in developing the necessary acumen to become a successful witness. No magazine article can take the place of that very important training. But we can discuss, as a reminder, some of the techniques and tips as they relate to Trial Preparation, Direct Examination and Cross Examination necessary to maintain an appropriate level witness fear and to seek “success instead of survival” in courtroom testimony.