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Re: [OM] Cameras Don't Lie

Subject: Re: [OM] Cameras Don't Lie
From: "Walt Wayman" <hiwayman@xxxxxxxxx>
Date: Tue, 31 Dec 2002 17:20:55 -0500
You need a more up-to-date instructional pamphlet.  The law 
changes as people, and the courts, become more accustomed to new 
technology, and if that pamphlet was ever accurate, it's sure not 
now.  Today, all that is required for a photograph to be admitted 
into evidence, whether in a murder trial or a $200 small claims 
case, is that someone testify that it truly and accurately depicts 
the scene it purports to portray.  That's it, nothing more.  It's 
done every day.  Any argument thereafter would go to the weight of 
the evidence, not its admissibility.  And chain of custody 
generally applies only to fungible items, usually not something 
unique or readily distinguishable from something similar.

Walt

---------- Original Message ----------------------------------
From: Joe Gwinn <joegwinn@xxxxxxxxx>
Reply-To: olympus@xxxxxxxxxxxxxxx
Date:  Tue, 31 Dec 2002 16:24:11 -0500

>
>It has been true for some time that photographs are not accepted 
>in a court of law, unless the photographer or some other 
>authoritative source is able to testify as to the veracity of the 
>photo being offered as evidence.   The more serious the crime, 
>the more airtight the evidence must be.  
>
>For murder cases, the photographer must be able to testify to an 
>unbroken chain of trusted custody from shutter release to 
>courtroom, or the photo will be rejected as no better than 
>hearsay.  This is because if there is any question about the 
>provenance of the photo, "beyond reasonable doubt" excludes the 
>photo.
>
>I got this info from an old Kodak instructional pamphlet on 
>taking evidence photos, written in the late 1960s if I recall.  I 
>read it in the 1970s.  It had all manner of advice on how to 
>ensure that the photos are accepted as evidence.  Kodak may still 
>offer a descendant of this pamphlet, on their website, where 
>there is a section devoted to law enforcement..
>
>Joe Gwinn
 


 
                   

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