Law's Looking Glass: Expert Identification Evidence Derived from Photographic and Video Images

Abstract

This article offers a critical overview of expert identification evidence based on images. It reviews the Australian case law and then, in an interdisciplinary manner, endeavours to explain methodological, technical and theoretical problems with facial mapping evidence. It suggests that extant admissibility jurisprudence and traditional safeguards associated with expert opinion evidence and the adversarial trial might not adequately protect those accused of committing criminal acts when they are confronted with incriminating expert identification evidence.

Keywords: evidence, identification, expert opinion, facial mapping, photographs, CCTV