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Photography in Law Enforcement Applications

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Photography in Law Enforcement Applications

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© © All Rights Reserved
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UNIT III.

APPLICATION OF PHOTOGRAPHY TO LAW ENFORCEMENT


In modern scientific crime detection photography is indeed an excellent aid of the investigator. The
investigator could not just rely on his memories and therefore need an artificial recorder for him to remember all the
things and facts that he had investigated. Aside from the notes of the investigator, he needs a camera because there
are things which require accurate descriptions of subjects or objects being investigated, hence photographs will serve
the purpose.
The first application of photography to law enforcement was confined to the problems of personal
identification. The photographs of the criminal were taken and used to supplement the classification made under the
Bertillon System of personal identification.
Five Legal Methods of Preserving the Crime Scene:
1. Photography
2. Sketching
3. Notes taking
4. Manikin Method
5. Preservation in the mind of Witness
Importance of Photography in Law Enforcement:
1. The utmost of it is for record purposes. Photography will record the scene of the crime permanently.
2. Photography can preserve all perishable evidence.
3. Photography can be used in the identification of physical evidence.
4. Photography is necessary in the interrogation of suspects. A series of photographs will show the action or
reaction of the suspects at the time he made a confession.
5. Photography can provide a system or technique in making visible things that cannot be seen by naked eye.
6. Photography can be useful in the determination of the truth respecting a matter of fact. Evidence that cannot
be brought inside the court room can be presented by means of photographs.
Crime Scene Photography. It is sometimes referred as Forensic Photography or Forensic Imaging. It is the art of
producing an accurate reproduction of a crime scene or an accident scene using Photography for the benefit of
the court or to aid in an investigation. It is also one of the most important steps in the entire investigation process.
As one of the primary documentation components, systematic, organized visual record of an undisturbed crime
scene must be achieved.
Purpose of Crime Scene Photography:
1. Provide visual record of the scene and related areas.
2. To record the initial appearance of the crime scene and physical evidence.
3. To provide the investigators and others with the permanent record subsequent analysis of the scene.
4. To provide permanent record to the court.
Forensic Photographer. It is commonly referred to as crime scene photographer or an evidence photographer. It is a
professional photographer who is skilled in the in the art of producing only the most exact, detailed photographs that
record the crime scene and the physical evidence within the crime scene and the physical evidence within the crime
scene as objectively and accurately as possible.
The following items should be available to the crime scene photographer in order to photograph most scenes and
evidence:
1. Camera
Most crime scene photographers use a high quality digital camera or 35mm camera. Digital cameras which have ten
megapixel, or greater, image sensors and manual exposure settings (in addition to any automatic or programmed
exposure modes) are usually suitable for crime scene and evidence photography.
2. Normal lens
A normal lens provides the best perspective for most photographs. A 50mm lens is considered a normal lens for a
35mm camera.
3. Wide–angle lens
A wide-angle lens is needed when photographing small rooms or other space–constricted areas. A 28mm lens is
considered a wide–angle lens for a 35mm camera.
4. Close–up lens or close–up accessories
Most normal lenses do not focus closer than about three feet. A macro lens or a close–up accessory for the normal
lens is needed to photograph small items of evidence. Close–up accessories include 1:1 adaptors, extension tubes,
bellows, reversing rings, or close–up filters.
5. Filters
A polarizing filter is often needed for photographing through glass and into water. Colored filters (red, orange, yellow,
blue, and green) are useful when photographing certain types of evidence with black–and–white film.
6. Electronic flash
Electronic flash provides additional light that is often needed when photographing indoors, outdoors at night, filling in
shadows in bright daylight scenes and for lighting evidence.
7. Remote sync cord for electronic flash
A remote sync cord allows the electronic flash to be operated when it is not mounted on camera. Many photographs,
especially photographs of certain types of evidence, cannot be photographed with the flash mounted on the camera.
8. Extra camera and electronic flash batteries
Batteries can expire without warning during the documentation of a scene. Extra batteries for both the camera and
electronic flash should be included in the camera kit.
9. Locking cable release
A locking cable release is used to lock open the camera's shutter during long exposures and when using the “painting
with light” technique for photographing large nighttime scenes. Cameras that have a built-in feature that locks open
the shutter do not require a locking cable release.
10. Tripod
Tripods are necessary to steady the camera for long exposures and for positioning the camera during certain types of
evidence photography.
11. Film
Medium speed (ISO 100 or 200) color print film is most often used for crime scene photography. Black–and–white film
is used for certain types of evidence photography.
12. Operation manuals for camera, electronic flash and accessories
Equipment operating manuals should be carried in the field for reference. With the many features on modern cameras
and electronic flash units, it may be necessary to refer to the manuals for specialized photographic techniques.
13. Photo log, notebook and pen
A photo log is necessary for recording information about each photograph taken at a crime scene. A notebook is
valuable for recording other notes during the investigation.
14. Scales and tape measure
A variety of scales, including 6 inch and 36 inch sizes, must be available for photographing different types of subjects.
Long tape measures with large numbers are sometimes necessary when photographing large items of evidence or
large areas in a crime scene.
15. ABFO #2 scale
The ABFO #2 scale is the preferred scale for photographing injuries.
16. Angle–finder
An angle finder is used to help position a camera for photographing certain types of evidence at the crime scene.
17. Color chart or color control patches
Color chart or color control patches are useful as color references in injury photography
18. 18% gray card
The 18% gray card is used as an aid in getting accurate exposures.
19. Index cards and felt pen
When a number or other identifier is need in a photograph, simply write the number or identifier on an index card and
place it in the photograph.
20. Telephoto lenses
While telephoto lenses are seldom used in crime scene photography, they are necessary for most types of
surveillance photography.
21. Supplementary light meter
Supplementary light meters are usually more effective than the metering system inside the camera and are most
useful for low light level readings, such as ambient light photography at night.
22. Small tools
Small tools are helpful when emergency camera repairs must be done in the field.
23. Devices for positioning evidence and scales
Blocks of wood, clothespins, clamps and other devices can be used for positioning evidence and scales for close-up
photography.
24. White handkerchief or other flash diffusion material
A white handkerchief or similar material can be placed over the head of an electronic flash unit to reduce the intensity
of the flash.
25. Flashlight
A flashlight not only helps you see in dark areas, but it is useful for previewing lighting during evidence photography.
By shining the light on evidence from different angles you can see where it is best to position the electronic flash for a
photograph.
Task of the Scene of the Crime Operation’s Forensic Photographer:
1. Photograph entire area before it is entered.
2. Photograph victims, crowd and vehicles.
3. Photograph entire scene with general, medium, close up coverage, and extreme close up view using
measurement scale when appropriate.
4. Photograph major evidence items before they are moved. Coordinate this effort with the Sketcher, Evidence
Custodian, and Evidence Recovery Personnel.
5. Photograph all latent fingerprints, and other impression evidence before lifting and casting is accomplished.
6. Photograph blueprints, maps, and previous photographs of scene, as required.
7. Take the final photographs to show final condition as released.
Importance of Crime Scene Photography:
1. Permanent Record. A permanent record of the crime scene is considered indispensable to a successful
presentation of the case in court. A crime scene that is altered through carelessness and haste can never be
restored to its exact original condition.
2. Significance of Certain Aspects of the Crime Scene. Also, in the initial stages of an investigation, the
significance of certain aspects of the crime scene may not be evident, although later they may vitally affect the
issues in the case. The first step in the investigation of any crime is to photograph all aspects of the crime
scene completely and accurately before any of the objects of evidence are removed or otherwise disturbed.
Photographs should also be taken after a body or bodies have been removed. Its is always better to take too
many photographs than too few.
3. Reconstruction of Crime Scene. A study of photographs can also assist the trained investigator or crime scene
specialist in reconstructing the crime scene and developing conclusions about how the crime occurred. In
addition, the photographs will make the job of the prosecutor much easier when a case is presented in a court
room. When necessary, photographs can be coordinated with crime scene sketches or drawings that are
made to scale.
4. For identification of persons, documents, fingerprints, shoeprints and splashes of blood.
5. Preservation of evidence in court.
6. Described better than words.
7. Proves statements.
8. Record things you may fail to notice.

Digital Photography. A form of photography that uses digital technology to make images of subjects. It can be
displayed, printed, stored, manipulated, transmitted, and archived using digital and computer techniques without
chemical processing.
Videography. It refers to the process of capturing moving images on electronic media. The term includes methods of
electronic production and post production. It is the equivalent of cinematography, but with images recorded on
electronic media instead of film stock.
It covers many more fields that just shooting video with a camera including digital animation (such as flash), gaming,
web streaming, video blogging, still slideshows, remote sensing, spatial imaging, security imaging, and in general the
production of most bitmap-and vector-based assets.
Advantages of Videography:
1. Video gives immediate results without the need for processing.
2. Video can be used more than once simply by recording over previous recording.
3. Visual movement allows the viewer to accurately perceive the scene as it shown.
4. Sound may be included.
Video camera. It is attached to a separated recorder or playback unit.
Video camcorder. It has a built-in recorder or playback unit.
Crime Scene Videography. It is valuable as an overview for presentation in court as well as a moving analysis of the
scene. It allows for a documented perspective of the crime scene which cannot be captured in reports, interviews, or
photographs.
Considerations in Videography:
1. Prior to videotaping, the investigator should walk the designated videographer through the scene.
2. Videos should begin with an overall general view of the scene.
3. If the scene is indoors, then the video should include an overall pan of the outside location.
4. If the tape should then include a brief preamble by the investigator which includes the narrator’s name, the
case number, time, date, location of the incident and a concise description of all rooms and evidence to be
viewed in the taped.
5. Upon completion of this introduction, audio should be disabled as to not bias the jury and videotaping of the
scene should begin with a general overview of the crime scene and adjoining areas.
6. The only exception to this is the inclusion of explanation of what a given piece of evidence.
7. However, care must be taken not to say anything that could emotionally bias a jury as doing so can result in
the judge denying videotape as evidence.
8. No personnel should be present in the video whatsoever and the content must be relevant to the case and not
produce a level of emotional bias that would be is unacceptable to a given judge deciding on the admissibility
of the evidence.
9. Ideally, camera work should be accomplished by a professional trained to walk through the crime scene
without disturbing any evidence.
10. Furthermore, videotaping does not replace crime scene photography. Rather, it acts as a more graphical
representation of different aspects of the scene.
Procedures in Crime Scene Photography or Forensic Photography:
Crime Scene. A place where the crime was perpetrated and physical evidence found thereat.
NOTE: Upon arrival at the crime scene, photograph the whole area before anything is moved. Take shots from
different angles to show the whole area.
Sop’s in crime scene photography:
1. Obtain photographs of crime scene early in the investigation preferably before anything has been moved.
2. Photograph from several angles so the proper dimensions may be shown.
3. When dimensions are important, use some sort of scale (ruler) in the photograph so that enlargement or
reduction may be measured.
4. Record in your note date concerning photographs including scene. Sketches may be helpful also.
5. For special equipment call on the laboratory.
Guidelines in taking photographs of a crime scene:
1. Establish shot – this is an overall view from extreme to the other. It shows where we are – a busy intersection, a
farm, a factory, or even at the middle of a jungle.
2. The Building – the next photograph should show the building where the crime was committed. This shows whether
it is a private, home, a factory, a small shop, a hotel, or a garage usually two photographs will be needed of the front
and back of the building.
3. The Entrance – this is usually the door, but it may be a window in house breaking robber. If there is a gate and a
door, take photograph one for each entrance.
4. The hallway – the camera now shows us what we would observe immediately after we enter the building. It should
show the location of the other doors or rooms through which we must pass to get to the room in which the crime was
committed.
5. The room – this maybe a bedroom, an office or a bathroom. The most difficult problem is to include the entire area
sometimes like the building shots, two photographs from opposite corners will be enough. A wide lens is used.
However, the investigator’s note should also be carefully marked with the information.
6. Close up – the number and types of close up photograph will course depend upon the kind of crime. In general,
close ups should made on:
a. Object attacked – this may be a person, safe cash box or a display counter. The purpose of this counter
is to show the amount and kind of damage the method attack.
b. The weapon or tools used – the photographer must be careful here to show reference point in every
picture. It shows which are right, left, up, down, north south etc.
c. Significant clues – these maybe fingerprint, blood stain, footprints, skid marks, tool marks, broken glass,
or any other physical evidence, fingerprint in particular should after dusting but before lifting.
Duties and responsibilities of a crime scene photographer:
1. In responding to SOCO/FLW requests, he should be well- equipped with all the necessary equipment and
materials such as camera with wide angles and normal lens, tripod, flash unit, floodlight, measuring tools, data
board, pencil and rolls of film.
2. Check and ensure the serviceability of his equipment.
3. Responsibility in looking after his security as well as his equipment.
4. Record the detail of SOCO/FLW responded including the type of the camera and film used.
5. After the operation, he should immediately process the exposed film and print the negative for filing and
representation in court.
6. He should strictly observe the procedures applicable in every crime scene to include measurement and case
identification.
Policy during soco/flw:
1. A crime scene photographer should be well equipped with all the necessary equipment and materials such as
camera with wide angles and normal lens, tripod, flash unit, measuring tools, data board, pencil and some roll
film.
2. Photograph the entire scene or the general view to include nearby surroundings, the address of the crime
scene indicating the case number, time, date and initial of the photographer.
3. Take an overlapping shot or the immediate scene from four different angles.
4. Photograph the body (victim) showing the exact location, direction where it tends. In homicide cases
photograph the victim in four different side top views, close up of the face, wound/s sustained (with or without
scale) and any identifying marks (if unidentified and after the body has been removed showing the white
outline to indicate place where the victim was found.
5. Photograph the entrance and exit of the crime scene.
6. . Photograph (close-up) all pieces of evidence round at the crime scene with a measuring tool placed side by
side. Evidence should be properly labeled with the case number, time and date, and initial of the
photographer.
7. Photograph location of bullet hole/s.
8. Crime scene should be sketched, measured and reflected on the photographic log indicating position of the
camera, weather condition, type of lens, camera, aperture and shutter speed used.
Suicide Case:
We should not conclude in responding such cases. It needs thorough examination and investigation. Suicide
note should not be photographed.
Suicide by Hanging
Strangulation by hanging is the most common form of suicide. But the investigator must not assume that the
victim found hanging is suicide. Photograph the subject at a distant from four views showing the full body, and the
movie in closed and show the knot the bruise marks.
Note: Do not untie the knot, just cut it.
Suicide by Shooting
Photograph both entrance and exit wounds. Place identification alongside each wound as well as for
measuring the entrance wound. Exit wound is always larger than the diameter of the bullet. Usually the hairs
surrounding the entrance would be singeing and the skin be burned to reddish or graying brown color. Also, if that
shot is fired from range or less than eight inches, a smeary black residue may be evident. If possible, photograph
close ups or the wound in color to show these various discolorations.
Robbery Case
1. Photograph the general view of the crime scene.
2. The point of entry begins with a distant shot and work yourself through it. Take close up shots on the possible
entry and exit to include the pathways. Each room in the house or building which was disturbed should be
photographed.
3. Take some shots of all the furniture or articles which show as evidence of being ransacked.
4. Determine his possible point of exit. Usually the burglar may leave something at the crime scene especially
when he is surprised by someone such as hat, gloves and scarf or cigarette butts.
Homicide Case
1. When the photographing scene of a homicide case, forensic photographer relates what he has to show the
manner by which the homicide occurred, views of the rooms with all possible entrance and exit.
2. He must show whether there is any evidence of struggle and try to show what happened inside prior to the
crime. Obvious evidence such as cigarette butts, blood stains or broken glass should not be overlooked.
3. The circumstances of death can be illustrated by various views of the body. Take close up shots of the
wounds, bruises, weapon used and the place where it was taken.
Photographing the Corpse
1. In photographing the corpse on the scene, several pictures of the conditions at the times very including the
environment of the corpse must be taken from various photographic directions.
2. Shows when photographing the general condition of the corpse as being deformed as a whole.
3. When photographing the damaged parts of a corpse, consider the range of photographing the damaged part
clearly. Take some close-up shots from several directions if possible to clarify their relation.
Sex Offense Examination
The crime of rape may be taken as a typical offense. There must be written permission from the victim and the
photograph must be taken in the presence of their parents or guardians or medico legal officer. The indication of the
victim’s effort to resist as bruises or black and blue marks and evidence of the presence of either or both parties at the
scene must be photographed.
Photographing the Victim of Rape
Evidence of the resistance of the criminal act is or particular importance in sex offences. Verify the hair, neck
including marks and discoloration of the body in the genital, the conditions of specifically affected parts, and presence
of foreign hair, fiber and biological stains. Bite mark wounds should be photographed at twelve to twenty-four hours
intervals for the proceeding several days.
The Suspect
The suspects body may show evidence of physical struggle such as scratches or bruises and foreign hairs
that may be discovered by the physician. The garments of the suspects may reveal bloodstains, semen, hair strands,
etc.
Photographing Alive Victims and Suspects
Photographs that show areas of the body which usually are not visible when the person is clothed should be
taken only under the direct supervision of the examining physicians whose testimony the photographs are intended to
illustrate. Thus, it is unusual that this type of photograph will be taken on the crime scene.
Before photographing any part of the female body normally covered by clothing, written consent of the subject
must be obtained. If the subject is a minor, the written consent of the parent is needed and the photography must be
done with witnesses present.
Procedure in photographing the crime scene:
1. Start taking photographs of the crime scene as soon as possible with case identifier.
Case Identifier – is a printed paper attached in plate bearing of provincial/city or satellite office code, case number,
photographer’s initial and date of the crime scene processing. This is designed in order to establish an additional facts
reference of the crime scene that must appeared on the photographs.
2. Observe the progression of general, medium and close views of the scene.
3. Take the photographs of the evidence in site first without case identifier, evidence numbers, and scale, if
necessary prior to collection.
Photo Evidence Numbers. Used in crime scene photographs to indicate where each piece of evidence is found.
Usually two photographs are taken of each scene: one with photo evidence numbers and one without.
Forensic Photography Scales. This provides a geometrical reference in the photographic documentation of evidence.
The presence of such scales in an image allows investigators to reconstruct the dimensional context of a scene and
provided a means to reproduce one to one photographs of physical evidence. In some cases, information extracted
from the reconstruction of a scene provides evidence in court.
4. Take photographs from eye level, when feasible, to present scene as would be observe by normal view.
5. Apply overlapping photographs.
6. Record every photograph taken.
Sequential Photographs of the Crime Scene:
Each crime has an individual feature that should be photographed. Keep in mind the nature of the offense and
try to show those features that establish the elements of the offense.
Photographs should be taken of:
1. Views of exterior of the building/vehicle with relations to other buildings/ vehicles, roads, streets etc.
2. Points of entry, outside and inside.
3. Points of exit inside and outside.
4. Condition(s) of the crime scene.
5. Area from which valuable articles were removed.
6. Articles left at the scene.
7. Tool marks and impressions of shoes or tire tracks.
8. Fingerprints and footprints, as well as articles on which these prints may be found.
Three type of crime scene photographs:
1. The overall photographs/general view document the general conditions of the scene, with both exterior and
interior views, and how the specific crime scene relates to the surrounding area. When taking overall
photographs, the photographer temporarily ignores the specific items of evidence within the scene and
concentrates on documenting the general scene conditions.
2. The purpose of midrange photographs is to show the relationship between an individual item of evidence and
a fixed feature of the scene previously photographed in one of the overalls.
3. A close-up photograph is an attempt to fill the frame with the evidence, with the film plane parallel to the
evidence.
The following steps are taken to ensure proper photographic documentation:
1. Secure the scene: In all forensic investigations, the first step is to secure the crime scene.
2. Evaluate conditions: Next, the photographer should evaluate the available light and weather conditions and adjust
camera settings appropriately. Crime scenes can be indoors, outside or both; they can be vehicles, include multiple
rooms, or any combination of locations, therefore no single camera setting will work for all crime scenes.
3. Shoot the scene: The photographer should take photographs before anything is disturbed, progressively working
through the scene from outside to close-up pictures. Many shots should be taken, from the entire scene, to medium
shots to show the relationship of evidence to the overall scene.
4. Photograph the victims: The next series of shots should include victims (if present) to show locations, injuries and
condition.
5. Photograph the evidence: Then each piece of evidence should be photographed to illustrate where it was found.
This establishes the relationships of the evidence to the victim, the victim to the room and so on. These photographs
should be taken from straight above or straight on at right angles, eliminating potential distance distortions. Each piece
of evidence should be photographed with a scale to indicate size and without a scale.
6. Evidence markers: Photographs should be taken before evidence markers are placed, then again after. These initial
shots are important to prove that no one has tampered with the crime scene.
7. Re-shoot for new evidence: If investigators mark new evidence, the whole series of shots should be repeated,
including all evidence shots. These photos should include the entire piece of evidence and a scale to indicate size.
8. Special imaging techniques and lighting should be used to capture things like fingerprints, indentations, shoe and
tire track impressions, vehicle identification numbers (VIN) and very small pieces of evidence. Techniques may
include:
Alternate light sources (ALS) - such as lasers, blue or green lights and colored filters that help detect latent processed
latent fingerprints or other hidden evidence and illuminate for photographing.
Oblique angle lighting - using a flashlight, camera flash or ALS at a very low angle to cast.
Macro lenses - can take very close-up images (1:1 or 1:2) of small items such as tool marks or trace evidence.
shadows that allow an imprint or impression to be photographed.
9. Shoot fast: Sometimes environmental factors such as rain, snow or traffic can make conditions difficult for
photography. The photographer must work quickly to capture as much visual documentation as possible from a
deteriorating scene.
10. Photograph the victim later: If a victim must be moved or requires treatment, the photographer can go back to
document the victim’s injuries. Various techniques using special lighting and colored filters can highlight injuries
(bruising, scarring) and healing status.
Mugshot:
It is a photographic a portrait typically taken after a person is arrested. The original purpose of the mugshot
was to allow law enforcement to have a photographic record of an arrested individual to allow for identification by
victims and investigators. Photographing of criminals began in the 1840’s only a few years after the invention of
photography, but it was not until 1888 that French police officer ALPHONSE BERTILLON standardized the process.
The camera should be attached to a tripod facing the plain white background with two flood lamps, one on
each side at approximately 4 angles to light the subject. The other two lamps are similarly set at each side of the back
of the subject to eliminate or remove the shadow. The subject is placed at the background barefooted, without
eyeglasses and holding at breast level the title board with corresponding name and other data. The front whole body,
half body shot, front right and left side view, right and left side quarter from head to elbow.
Mugfile:
A mugfile is a gallery (file) or collection of police photographs of criminal suspects that is used for giving positive
identification. The mugfile contains the following data/information:
1. Offender’s (Suspect’s) data
2. Victim’s data
3. Property data
4. Offense data
5. Photograph of Offender ( Suspect) at different angles
6. Miscellaneous photographs, such as:
a. Close up shots of distinguishing marks
b. A series of circumstantial photographs of the crime scene.
Rogues Gallery:
Rogues gallery is a police collection of pictures or photographs of criminals and suspects kept identification
purposes. The term is also used figuratively for any group of shady characters or the line-up of “mugshot” photographs
that might be displayed the halls of a dormitory or workplace or on an online mugshot publishing website.
Photography as an Evidence:
.1. A permanent record is made of the original appearance of the object.
2. The photographs can be used in place of physical evidence to supplement the case report.
3. Each article is preserved from unnecessary handling which might cause the evidence to deteriorate or otherwise
become altered.
Items of Physical Evidence to be Photographed:
No matter how extensive the photographic efforts are at the crime scene, photographs must stand the test of
legal admissibility. The general standards used to review the credibility of the photographs are:
1. Accurate representations
2. Free of Distortions
3. Material and Relevant
4. Unbiased

1. Accurate Representation. Whatever the original appearance of the object photographs in terms of shape,
color etc. it must be the same in the photograph. However, sometimes the black and white photographs come
in question due to colors appeared which is not the same as what with the actual object. This is supported by
the sketch and they must be uniformed in terms of details. The result here, must not be a product of reverse
photographs during print making process. And also photographs must be free from alterations.
2. Free of Distortion. Photographic evidence to be presented in court must not be a product of lens having
aberration especially barrel and pincushion distortion. Thus it must be clear and sharp in all details of the
object that might appear there in order to make more informative.
3. Material and Relevant. In every object that appear in the photographs it must be related to the crime just like
the cadaver of the victim and evidenced which includes the general view, medium view, close up view and
extreme close up view.
4. Unbiased. All the photographs taken from the crime scene must be presented in the court of justice not to
keep others for misleading reason of the case or to protect one party. Take note being a forensic
photographer is considered a man of science so whatever the truth is it must be presented in a court of law
without hesitation.
Best Evidence Rule:
Photograph is not a legal substitute for the object or article itself as evidence, nevertheless, all physical
evidence should be photographed. A photograph of a revolver will not be accepted as evidence in court. The weapon
itself must be brought to court this is an essence of the “best evidence rule”.
The courts recognize that certain evidence cannot be brought to court. Buildings or roads are examples. Other
evidences change quickly. Skid marks on the highway will be quickly destroyed by vehicles using and passing on it.
Wounds and bruises as evidence of injury will heal and disappear before the case comes to trial. Such nature or kind
of evidence can be preserved by photography and introduced in court as evidence.

Admissibility of digital photography as evidence in court:


Digital photography is being increasingly recognized and used in law enforcement as an efficient toll 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 fil-based photography, however, can also be manipulated, either in the course taking the original
photograph or in developing the film. Under current rules of evidence, any partly seeking to introduce a film-based
photograph must demonstrate its relevancy. Also, in order to prove the content of a picture, courts generally require
the original, defined as the negative or any print there from.
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 includes, 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
As stated in rules of electronic evidence rule 11 – Audio, Photographic, Video and ephemeral Evidence.
Section 1 Audio, photographic and video evidence of events, acts or transactions shall be admissible provided it shall
be identified, explained or authenticated by the person who made the recording or by some other person competent to
tesitify on the accuracy thereof.

A PHOTOGRAPH may serve as:


1. Documentary evidence (for physical evidence and other evidence that cannot be presented in the court room)
2. A silent witness
3. The deciding factor in a conviction or acquittal of the suspect when no other form of real evidence is available
4. Secondary or supporting evidence earlier evidence already presented
5. A real evidence and not as Documentary evidence.
6. “When a document is presented to prove its existence or condition (not its contents), it is offered not as Documentary, but as Real
Evidence.

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