, New Mexico
, North Dakota
, South Carolina
, South Dakota
, West Virginia
, CLE (show less)
We live in a visual age where photographic and videographic imagery have become indispensable, and expected, trial evidence. Unfortunately, we also live in an age where critical visual evidence is "Photoshopped" or otherwise "enhanced" beyond appropriate ethical and evidentiary grounds. Where is that line drawn and how can a modern litigator authenticate their own visual evidence and detect impermissibly images and videos, whether offered by opposing counsel or one's own witnesses?
This three-hour long, two-session CLE introduces practicing attorneys to the use and misuse of visual evidence and how to authenticate or challenge visual evidence, including examples taken from actual litigation.
Our second 1.5 hour session focuses upon detecting impermissibly altered imagery through a variety of techniques and sets out proposed image authentication protocols and discovery approaches.
Program Table of Contents:
1. Examples and discussion of faked images
2. Some methods for detecting faked images
3. Some major outright fakery techniques
4. While these sorts of tricks can be done in Photoshop and similar editing programs, particularly with JPEG image files, a different program, Adobe Lightroom can work non-destructively with RAW files as they come out of the camera, preserving an audit trail of every step in the process from camera to courtroom.
5. Illustrated discussion and examples of epic Photoshop "fails" and what indications of suspicious behavior to look for.
6. Illustrated discussion and examples of basic physical concepts to help detect faked images.
7. Photo file problems affecting evidentiary reliability
8. Basic photographic errors affecting evidentiary value of every photograph
9. Has a file been altered?
10. A protocol for preserving audit trail and admissibility of your own digital visual evidence
11. Generally accepted guidelines for limits of photo "enhancement" - Associated Press national guidelines
12. Metadata analysis - what is and is not reliable