Using and Misusing Visual Evidence

This program examines the practical aspects and legal issues pertaining to the use and misuse of photographic and video evidence. We live in a visual age in which visual photographic and video evidence is both expected and often highly persuasive to the trier of fact. Yet, visual evidence is underutilized yet unusually susceptible to legally inappropriate misuse or latent suspicions about manipulation that can undermine the credibility of the visual image.
This CLE will address:
1.Practical discussion about using visual evidence when developing and trying a case, including a primer about those basic technical concerns that every attorney should understand when preparing, offering at trial, or opposing the introduction of specific visual evidence.
2.What to prove when authenticating visual evidence for admissibility as well as what to look forward when challenging visual evidence suspected of being in accurate, excessively enhanced, or outright manipulated.
3.Alaska and developing national case law about the appropriate use of visual evidence, both still photographic and video as well as the legally permissible limits of “enhancement".
4.Developing ethical standards pertaining to the proper use and authentication of visual evidence and the identification of potentially excludable manipulated images