THE APPLICATION OF PHOTOGRAPHY IN LAW ENFORCEMENT
The most important rule is to photograph all evidence at a crime scene before anything is touched or moved. It is not expected that the scene of a crime will be left undisturbed for an indefinite period of time. However, a record of the position and the condition of details of the scene must be made before they are altered in any way. An investigative photograph is one prepared for the purpose of tending to illustrate a point relative to a matter under investigation.
Care must be taken to make sure that no distracting object is near the center of the field of view or close to the camera lens, to disturb the main subject. A careful study of the image on the ground glass or in the viewfinder will enable the photographer to reproduce the scene as it appears to the eye of the ordinary viewer. OBJECTS AND CONDITION THAT ARE NOT RELEVANT TO THE CRIME SCENE SHOULD NOT BE INCLUDED. Unusual camera angles should be avoided when possible.
The photograph may explain how a crime took place and show all the scenes from all angles and include all EVIDENCE POSSIBLE. The investigator should proceed carefully without undue haste so that errors will not be made which may affect the quality of photographs.
THE BEST EVIDENCE RULE AND PHOTOGRAPH
The photograph is not a legal substitute for the object or article itself, as EVIDENCE. Nevertheless, all physical evidence should be photographed. A photograph of a revolver will not be accepted as evidence in court. The weapon itself must be brought to court – this is the essence of BEST EVIDENCE RULE.
The court recognizes that certain evidence cannot be brought to court. Buildings or roads are examples. Other evidence change quickly. Vehicles using and passing on it will quickly destroy skid marks on the highway. Wounds and bruises as evidence of injury will heal and disappear before the case comes to trial. Such nature or kind of evidence can be preserved by PHOTOGRAPHY and introduced in court as EVIDENCE.
PHOTOGRAPHING CRIME SCENE
PREPARATION AND PRESENTATION OF PHOTOGRAPHIC EVIDENCE
Each crime has individual features that should be photographed. Keep in mind that the nature of the offense and the feature that establishes the elements of the offense is being shown.
Photographic Procedure:
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- The camera should be mounted on a steady tripod whenever possible to avoid camera movement.
- The camera should be leveled whenever commensurate with the particular photograph to be taken.
- Crime scene views include three (3) general classes. They are:
- Long views
- Medium views
- Close-up views
- Long views
- Photographs should be taken progressively as the photographers enter the building or room to avoid disturbing something that might otherwise remain unnoticed, and to maintain continuity.
- Views should be taken to illustrate the general location of the crime scene.
- Definitely required is a view of the exterior of the building. It is well to include the street number whenever possible.
- Needed next is the complete photographic coverage of the interior rooms within the crime area, which show the condition in general and relate the overall scenes to specific items and places.
- Bodies of victims should be photographed exactly as found from all angles, especially from overhead when this can be done for identification purposes. Close-up photographs, one to one if possible, should be taken on all wounds, bruises, discoloration, and abrasion generally in black and white color.
- The camera should be mounted on a steady tripod whenever possible to avoid camera movement.
NOTE: Above slide shown are just an example of how progressive photography is and how to come up with long views (other books call it long-range view), medium views (in the slide it states mid-range), and close-up views. The Number of photographs may now depend on the nature of things being photographs according to views as long as it illustrates things and could help in explaining the nature of the crime. It is through this that the photographer, sketcher, and investigator should collaborate to ensure that nothing missed during the recording of the incident.
9. Measuring devices such as rulers, yardsticks, and tape measures can be used to show the relative size of and distance between objects and the degree of the magnification of an enlargement. Measuring devices must not obscure the object to be shown, so it is placed at the bottom or just below the object to show the relative size of objects in a photographic exhibit.
10. Field Notes:
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- Record the date & time of arrival at the scene as well as the time of departure from the scene.
- Specifically record the location area, street number, & name of the building, type of scene.
- Write down the name, badge numbers of all investigative officers present during the photographing.
- Record specific information on each exposure, including the time of taking each picture which can be expressed either using AM or PM or military type of timing.
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11. Additionally, record the;
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- Direction camera pointed
- General statement of the photographed object
- Exposure or ASA rating
- Kind of film used
- Types of lighting utilized in photographing
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PREPARING FOR COURT EXHIBIT
A picture offered as evidence should be a FAITHFUL representation of the subject matter. From the study of photographs, the viewer should receive an impression of the scene as an object, which does not mislead him in any important aspect. It should be free of unusual distortion of lines or shapes and of any tone relationship. Important subject matter should be in sharp focus.
Admissibility:
Evidence photograph may be divided into two categories:
- Those which represent objects of evidence and simply serve in place of an object or a verbal description of it.
- Those which are designed to prove a point or bearing on an issue in the case such as a comparison photograph of evidence.
GRUESOME PICTURE
Although photographs of severe body injuries may arouse emotion of horror or indignation in the minds of the observer, they are considered admissible provided the intent is SIMPLY TO ILLUSTRATE THE RELEVANT FACTS and not to prejudice the judge against the defendant. The photographer should be interested only in portraying the facts accurately.
THE PHOTOGRAPHER IN COURT
In testifying, his purpose should be to EXPLAIN not to DEFEND his photograph. His replies to queries should be directly responsive at all times. If he does not understand the question, he should request clarification. When the nature of the question requires that he consult his notes, he should request permission from the judge.
QUALIFICATIONS
Since the photographer is giving opinion evidence, the court technically regards him as an EXPERT WITNESS. Nevertheless, he need not be an expert photographer in the professional sense and should not represent himself as such. He should be presented as an experienced photographer, proficient in the TECHNIQUE THAT was USED IN PRODUCING THE EVIDENCE PHOTOGRAPHS.
Before his pictures are admitted in evidence, the photographer may be asked certain questions to establish his competence on the basis of his experience and training. Hence, he must be prepared to prove to the satisfaction of the court that his training and experience have qualified him for the work related to physical evidence.
THE RELEVANCE AND MATERIALITY OF PHOTOGRAPHIC EVIDENCE
A. RELEVANCE AND MATERIALITY
Test for Determining the Relevancy
- Photographs are admissible whenever they assist the court to understand the case.
- Photographs are admissible when they assisted the witness in explaining his testimony.
B. NECESSITY OF PRELIMINARY PROOF OF ACCURACY
A photograph that was taken in an ordinary way usually is an accurate record of the image cast by the lens upon the film, but as distortion is possible through the manner in which the camera or negative is used, a photograph is admitted as evidence when it is proven and there must always preliminary proofs that it is a correct representation of the subject.
C. JUDICIAL NOTICE
The principle of photography is derived from the science and the image on the plate made by the rays of light through the manner in which the camera is dependent. The same general lens which produces image upon the retina through the lenses of the eye, that court cannot refuse to take judicial notice of the photographic process as a proper means of producing correct likeness.
There are several cases recognizing that inexperienced, trustworthy, and interested hands photography is capable of a very high degree of accuracy on reproduction and acknowledging the indispensability of photographs as a means of representing evidence. But the courts also, take judicial cognizance of the fact that in careless, unskilled, or uninterested hand photographer may produce a misleading and confusing result.
WHO MAY VERIFY PHOTOGRAPH
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- The better practice is to show the accuracy of the photographs by the photographer who took them.
- Any person having sufficient knowledge of the subject to say that the photograph is a faithful representation thereof.
EFFECTS OF VARIOUS PHOTOGRAPHIC CONDITIONS
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- Experience and skill of the photographer
- Amateur Professional
- Photographs are dependent for their accuracy upon the skill of the person making them and the truthfulness of the one vouching for them. It is common that either through wants or skill on the part of the photographer, or adequate instrument or materials, or through intentional and skillful manipulation, a photograph may not be only inaccurate, but dangerously misleading.
- Interest and prejudice of the photographer
- Condition and size of the taking apparatus. (efficacy of camera)
- Marking the subject before photographing. Marking includes the following:
- Chart or sign bearing identification data
- Rulers or any measuring devices
- Any animate or inanimate object used as a position marker
- Any substance used to intensify details that otherwise would not show up in the photograph.
- Development
- Methods of Printing
- Size of exhibit
- Composite photographs
- Retouched photographs
- Marks and notations written on exhibits.
THE FORENSIC PHOTOGRAPHY AT A GLANCE
SPECIAL TECHNIQUES APPLIED IN PHOTOGRAPHY
THE FORENSIC PHOTOGRAPHY
SHORT HISTORICAL ACCOUNT OF FORENSIC PHOTOGRAPHY: Organized police work and successful photography date from roughly the same time; as early as 1848, Birmingham City Police were employing a photographer to take pictures of accused and convicted persons, beautifully posed examples of the Victorian portrait photographer’s art. During the next 20 to 30 years every major police force in Europe and the United States had begun to build up ROGUES GALLERIES, gradually settling on the full face, profile, and full figure shots familiar today. In the illustration below is the first-ever “rogue gallery that was taken at the Moor Street public office in Birmingham between the 1850s and 1870s, and were accompanied with hand-scrawled notes about their crimes. (https://en.mogaznews.com/World-News/931832/Britains-first-ever-police-mugshots-of-Victorian-criminals-are-unearthed-150-.html)
BELOW: Capture and Exposed is taken from 1857 to 1867, have been housed in the Missouri History Museum’s Library and Research Center for more than half a century, and they are now gathered for the first time in an interactive eBook. The Missouri History Museum Press’s newest title, Captured and Exposed: The First Police Rogues’ Gallery in America. But the FIRST to establish a full face profile of criminals for this purpose is NEW YORK (which was displayed in this museum).
Simultaneously, the need for an accurate record of murder and other serious crime scenes produced the deliberately unemotional yet detailed photographs vital to the successful reconstruction of events in the mind of the forensic examiner. Their style is already apparent in, for instance, the Metropolitan Police photographs of “Jack the Ripper’s” victims in 1888; only the – perhaps mercifully – blurred focus shows their age. Despite the obvious usefulness of photography in CRIMINAL INVESTIGATION, however, the law CANNOT wisely refuse to accept at face value the adage that the camera cannot lie.
THE PURPOSE AND SCOPE OF FORENSIC PHOTOGRAPHY
The purposes of Forensic Photography or “investigative photography” are the following:
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- Assist the investigators in using photographic equipment and photographic techniques in their efforts to solve crimes;
- It discusses techniques and procedures in investigative photography and in photographing evidence; and
- It discusses some services, which can be performed by the criminal investigation laboratory in the scientific examination of evidence through photographic means.
THE MISSION OF FORENSIC PHOTOGRAPHY
The following serves as a guide to a forensic/police photographer as to its purpose and mission:
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- Provide photographic assistance to investigative units of the national police and other government investigating entities;
- Appear as an expert witness in court both in criminal and civil (court) cases;
- Conduct lectures, demonstrations to national police training schools and other government and private entities whose necessities for skills in forensic photography so demands.
In these activities, police or forensic photographer may apply other scientific and sophisticated forms that deviate from normal photography, these are:
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- Photomicrography: This is an art or process of photographing minute objects when magnified by means of the microscope and enlarges from 10x up.
- Photomacrography: Photographing of objects directly enlarges to the negative and magnifies from 1 to 9x.
- Infrared Photography: The art or process of photographing or recording unseen objects by means of infrared film and infrared lights. An example of this is photographing charred or burnt, over-written, and obliterated documents and internal injuries.
- Ultra-violet Photography: The art or process of photographing unseen objects by the use of ultra-violet lights and filters. An example is secret writing, some documents anomalies, and examination of marked money. This also includes photography of suspected biological stains that fluoresces under this special lighting.
- X-ray. The process of photographing or recording the internal structure of the body.
Difference between photomicrograph and photomicrograph:
The difference between photomacrograph and photomicrograph is that the former is photography of small objects at close range using a MACRO LENS (see extreme above illustration of paper bill photomacrograph using the above lens attached directly to the camera); while the latter is photography using a MICROSCOPE (see illustration below, a set-up of the camera to a microscope).
With today’s technology, electronic microscopes are now available in the market that no longer needs a camera so that you can focus directly the lens of a portable microscope over the subjects of interest. Just like a macro lens which before is good only for a camera (attachment) but today, it can be attached to a cellular phone and small gadget and ready for macro photography.
REMINDERS:
In photographing the scene, the photographer should attempt to record all useful information in series of photographs that will help the viewer to understand WHERE, and HOW the crime was committed. The term CRIME SCENE refers not only to the immediate site of the crime but also to adjacent areas, which may be important in establishing the LOCATION and surrounding of the immediate site.
END OF POLICE PHOTOGRAPHY
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