Photographic

Evidence
CHAPTER 7
Photographs as Evidence
Photograph is not a legal substitute for the object or article itself, as
evidence, nevertheless, all physical evidence should be photographed.
The courts recognize that certain evidence cannot be brought to
court, such as roads, buildings and vehicles.
Others evidence change quickly, like skid marks, wounds and
bruises. Such nature or kind of evidence can be preserved by
photography and introduced in court as evidence.
Basic Rules on Admissibility
It is an established fact that a photograph offered in evidence should
be true and faithful representation of the scene/subject matter.
The person viewing the photograph should get an impression of the
scene/object which does not mislead in any of the important aspect.
It should be free from unusual distortion of lines, shapes, and color
or any deceptive tone relationship.
Basic Rules on Admissibility
Important subjects should be in sharp focus.
Here, the admissibility of a photograph as evidence was ruled in:
City of Manila vs. Cabangis 10 Phil. 151
A photograph is admissible in evidence upon proof of exactness and
accuracy.
“That the photograph is a true and faithful representation of the
subject as seen by the naked eye”.
Basic Rules on Admissibility
The SC has ruled “that the process by which the lens of camera
forms an image are dependent upon or governed by the same natural
law as an image is formed by the human”
The photographic image can also be manipulated to become
misleading.
The photograph must undergo verification as to its exactness and
accuracy.
Basic Rules on Admissibility

Qualified to show proof of faithfulness are: 1. the photographer who

took the photograph; 2. Any other person who has personal
knowledge of the taking of the photograph and have seen the subject.
Basic Rules on Admissibility
Photographic evidence may be divided into two categories:

1. that which represent an object of evidence and simply serve in

place of ana object or verbal description of it.

2. those which are designed to prove a point bearing an issue on a

case such as a comparison chart of a fingerprint handwriting or test
bullet / shells.
Basic Requirements of Photograph
Admitted as Evidence in Court
1. Accurate representations.

Whatever the original appearance of the object being photographs in

terms of shape, color, etc. This is supported by the sketch and they
must be uniformed in terms of details. Also, photographs must be free
from alteration.
Basic Requirements of Photograph
Admitted as Evidence in Court
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. It must be clear and sharp in all the details of the object
that might appear there in order to make more informative.
Basic Requirements of Photograph
Admitted as Evidence in Court
3. Material and Relevant.

It must be related to the crime just like the cadaver of the victim and
evidence which includes the general view, medium view, close up
view and extreme close up view.
Basic Requirements of Photograph
Admitted as Evidence in Court
4. Unbiased.

All photographs must not be presented for misleading reason, or for

protecting the other party. Take note that forensic photographer is
considered as a man of science so whatever the truth is, it must be
presented in a court of law without hesitation.
A. Techniques for Demonstrating
Evidence Prints
1. composite exhibits

2. matching photographs

3. matching transparencies

A. Techniques for Demonstrating
Evidence Prints
1. composite exhibits
This consists of two photographs placed side by side to show points of
similarities of differences.
This is generally used in the comparison of fingerprint or handwriting.
A. Techniques for Demonstrating
Evidence Prints
1. composite exhibits
A. What do photographs show?

Photographs cannot and do not recreate the original subject.

They do preserve a visible record of a moment in time which may be

recalled less perfectly by a witness.
Verbal description may be inadequate.
A. Techniques for Demonstrating
Evidence Prints
1. composite exhibits
A. What do photographs show?

Photographs are generally regarded as secondary evidence.

“a properly verified photograph to be true and faithful representation of

an object may cease to be such when the original object is lost and all
effort to locate it proved futile, it will be a primary evidence”
A. Techniques for Demonstrating
Evidence Prints
2. matching photographs
Another technique of illustrating similarities.

Place a part of one photograph over and in careful alignment with the
other.
Used toolmarks, shells, pair illustrations or in matching glass fragments
or paint chips.
A. Techniques for Demonstrating
Evidence Prints
3. matching transparencies
This is used to show two objects have identical outline.

A positive transparency of one is placed over the other, adjusted so the outline
coincide, like in proving traced forgery.
B. Degree of Enlargement or Size
of a Photographic Exhibits
Two choices:

1. a large display print

2. handheld print of persons, objects, place or incident

C. Perspective, Correct Viewing
Distance, Normal Viewing Distance
It is visually desirable and necessary to view photographs in its true and natural
perspective.
C. Perspective, Correct Viewing
Distance, Normal Viewing Distance
Perspective
To achieve true perspective, the photographer must consider the geometric
relationship between the camera and the object at the time the photograph was taken.

From a fixed vantage point, an object or series of objects intersect at the same angle
at a lens regardless of the focal length of the lens.

The object/s are rendered larger/smaller depending on the focal length of the lens.
C. Perspective, Correct Viewing
Distance, Normal Viewing Distance
Reproduction of recorded perspective
C. Perspective, Correct Viewing
Distance, Normal Viewing Distance
Correct Viewing Distance
To reproduce the same angular relationship established by the camera position, the eye must
be on lens focal length from a contact print of the camera negative.

For enlargement from the negative, the viewing distance must be increased to view the print in
true perspective.

The viewing distance for any enlarged print is equal to the lens focal length multiplies by the
number if times the negative is enlarged/viewing distance (D) equals focal length (F) times
enlargement (N). D=FxN
C. Perspective, Correct Viewing
Distance, Normal Viewing Distance
Viewing a print in true perspective
C. Perspective, Correct Viewing
Distance, Normal Viewing Distance
Normal Viewing Distance
According to the vision test, an average person holds an object or reading material
about 15 inches (about 40 cm) from his eye and this distance is widely accepted as the
normal viewing distance for hand held materials.

Degree of enlargement: N = D/F

D. Testifying in Court
D. Testifying in Court
Explain the photograph not to defend it.

1. Dress properly and appropriately when going to court.

2. When called for witness stand, rise and walk with normal strides. Wait for the
instruction to sit.

3. Maintain a comfortable, relax but dignified posture. Nervousness is normal.

D. Testifying in Court
4. Show respect by addressing the personnel properly.

5. Speak in a clear and distinct voice which is loud enough.

6. Preliminary questions are being asked before questions on the issue on case.

7. Answer what is being asked.

8. Before answering, make sure that you understand the question/s.
D. Testifying in Court
9. Notes may be use for consultation. Ask for permission of doing so.

10. If relevancy and materiality of the photograph is being asked, leave it to the
counsel.

11. When expertise is being asked, the response should be in the discretion of
the court.

12. Do not use harsh/vulgar words.

D. Testifying in Court
13. Show professionalism.

14. Leave the witness stand when asked to do so.

15. “If you know the law and the facts, then you are ready for trial.”
E. Points of Objection on the
Admissibility of a Photograph
1. Accuracy of colors – the true color reproduction may be a point of
contestations; lighting; filters & processing

2. Alterations on negatives/prints – presence of deliberate attempt to alter the

photographic evidence

3. Computer generated image – can bring misunderstanding; manipulation

4. Enlargements – size will conform with the correct/normal viewing distance and
also in possibility of cropping of crucial evidences
E. Points of Objection on the
Admissibility of a Photograph
5. Errors in printing – revers prints; over exposure; under exposure, blurred
prints; dodging/ burning ins

6. Equipment – camera, lens used, accessory

7. Lighting –

8. Markings on photographs such as lines, circles, arrows, numbers and the like
should be avoided except in comparison charts.
F. Misleading Photographs
1. Retouching on the negatives/prints
F. Misleading Photographs
2. Double/multiple exposure
F. Misleading Photographs
3. Paste up or composite photographs
F. Misleading Photographs
4. Montage/ superimposition
F. Misleading Photographs
5. Camera view point or position
F. Misleading Photographs
6. Effect of focal length of lengths

7. Effect of filters

8. Effect of using another object to show the size of an object

9. Effect of under exposure and over exposure

10. Effect of cropping

11. Effect of lighting

12. Reversed photographs

G. Photographs and Eyewitness
Compared
Photograph – “silent witness”

A. Exaggeration

B. Minimization

C. Elaboration

D. Omission

E. Reversal of Left or Right

F. Optical Illusion----These are the common failures on photographs and eyewitnesses. (1)
G. Photographs and Eyewitness
Compared
A. Exaggeration

Photographs may exaggerate

B. Minimization

Photography may minimize distance, height and length and other

condition in a motion picture may do.

This minimize speed of moving objects

G. Photographs and Eyewitness
Compared
C. Elaboration

The legal photograph must know what to leave out as well as what
to include

D. Omission
The witness shall tell the truth, the whole truth and nothing but the truth
because partial truth may be a lie.
G. Photographs and Eyewitness
Compared
E. Reversal of Left or Right

It is easier for a photograph to be turned around so that it is reversed

from left to right

F. Optical Illusion
G. Photographs and Eyewitness
Compared
2. Shortcomings of an Eyewitness

a. perception error – includes errors in the integration of all the sensory
impression

b. language problem –

c. memory lapse – photograph is the best means of recording visual impression
with objective and permanence which cannot be overlapped or wiped out by any
new/additional images.
G. Photographs and Eyewitness
Compared
2. Shortcomings of an Eyewitness

d. Hallucination – it differs from optical illusion since it is not based

upon images found in the eye while optical illusion results on
themind misinterpretation of images.
G. Photographs and Eyewitness
Compared
3. Shortcomings of Photographs

a. Single viewpoint – a picture is best only considered as a fair

representation of a subject.

b. Compression of time –

c. Necessity of interpretation by a trier of fact – the photograph must

be evaluated if it is to mean anything as evidence.
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