FORENSIC PHOTOGRAPHY

From the GREEK words:
phos which means light
graphia which means write
photography – to draw with light

PHOTOGRAPHY:

- The art or science which deals with the reproduction of images through the action of light, upon sensitized materials, with the aid of forming device called Camera and the chemical processes involved therein.

- The creation of image using light

PHOTOGRAPH:
An image produced through the action of light

PICTURE:
Representation or image on a surface


ELEMENTS OF PHOTOGRAPHY:
1. Images
- visual subject matter or scene being captured

2. Light

- fundamental energy source

3. Chemical Process

- development processing required to make the latent image visible and permanent

4. Camera

- device that controls and directs the light onto the sensitized materials

5. Sensitized Materials

- can record the image

PRINCIPLES OF PHOTOGRAPHY

1. Photograph is the mechanical and chemical result of photography

2.  to produce a photograph, light is needed aside from sensitized materials

3. Lights reflected or radiated by a subject must reach the sensitized materials while all other lights must be excluded

4. the exclusion of all unwanted and unnecessary lights is achieved by placing the sensitized materials inside a camera

5. The amount of light in the sensitized material after exposure is not immediately visible to the eyes.

6. to make the formed image visible, it must undergo the development process

7. the visual effect that results from the chemical processing is depended on the quantity and quality of the exposing light

8. More light will yield an opaque or black shade on the sensitized material after development

9. Too little light will produce a transparent or white shade

10. the varying shade of gray will finally form the complete image

POLICE PHOTOGRAPHY

- An art or science that deals with the study of principles of photography, the preparation of photographic evidence, and its application to police work.

- Also called Crime Scene Photography

FORENSIC PHOTOGRAPHY

- The process of photographing or recording of crime scene or any other objects for court presentation

JOHNNY HOSKINS V. STATE OF FLORIDA

- Whether or not should show autopsy during the vior dire

- Judge didn’t allow it, bit orally described it

- DECISION: court found no abuse of discretion in preventing the use of such photographs

PEOPLE V. BONILLA

- Defense argues that photos were not relevant, extremely inflammatory, too gruesome, and cumulative.

- P were ofc relevant

A photo is relevant if it “proves or  disproves any disputed fact in the case”

Material evidence must also prove or disprove a material fact or issue in the case

The shot must represent a fair and accurate representation of the scene (should not be retouched in any way)

LEGAL IMPLICATION OF PHOTOGRAPHIC EVIDENCE

• A permanent record of the crime scene is indispensable to a successful presentation of the case in court.

CATEGORIZING PHOTOGRAPHIC EVIDENCE

1. Location’s address, date, and time

2. Type of incident and objects photoged

3. Type of film used and number of exposures

4. Type of camera used

5. Name of investigator on case/photographer

6. Names of victims and witness

7. Chain of custody

8. Weather condition

BASIC REQS FOR THE ADMISSIBILITY OF PHOTOGS AS COURT EVI

1. Faithful/accurate representation of the orig obj/subj

- P must be free from distortions and NOT misrepresent the obj/subj

- Same likeness as the orig/as seen by the naked eye

2. Relevant/material and competent

- “evi is admissible when it is relevant to the issue and not excluded by the law/rules of court” (Rule  128, Sec 3)

- Material: probative value of the evidence

- Relevant: relates to the case under investigation

- Competent: sanctioned by the rules of c

3. No inflammatory content (unbiased)

- Avoid including emotional matters (inflammatory)

- Inflammatory: tending to affect the emotion of the viewer