How is video evidence used as a weapon?

Video evidence is a digital representation of encoded light signals captured by a video camera. Captured and stored data is video evidence later presented in the courtroom. On the other hand, humans process video evidence quite differently. We gather light data without encoding it. We choose our focus based on the circumstances around us.

While the authorities have the legal right to acquire video evidence, concerned citizens may provide it voluntarily. Citizens even have the ability to post video evidence and stream it live to social networks. This includes Facebook, Instagram, and Twitter. As a result of the amount of evidence flooding our feeds, it is impossible to ignore.

Combined with the biased intentions I outline further below, the ability to capture and publish video evidence frequently finds these videos being used as a weapon inside and outside of the courtroom. Follow along to explore two ways in which we now see video evidence as a weapon.

Video Evidence as a Weapon #1: Bias

Bias Awareness as a Lay Person

Opposing counsel and the general public frequently take the position of “the video speaks for itself” or “you can clearly see what the officer did here.” However, as video recording technology advances and emotions continue in a heightened state, bias develops and subject reasoning controls an investigation.

This is why an investigator must receive proper training to review video recordings. A forensic video analyst has the training and tools to dig deeper into a video recording’s data in order to answer the complicated questions accurately. On the other hand, a lay person will interpret the video for face value; watching and listening to the audio and video signals. 

Bias Awareness as a Forensic Analyst

As a forensic video technician and expert witness, I review video recordings every day. These include recordings for the defense and law enforcement in criminal cases, as well as for the plaintiff and defense in civil litigation. The most important part of my job as an investigator is to stay objective as I review recordings that could potentially influence my emotions and, ultimately, my opinions. 

The Oxford Dictionary defines bias awareness as; “inclination or prejudice for or against one person or group, especially in a way considered to be unfair.” Bias awareness is the most important part of the investigation process in forensic video analysis. 

I am not saying investigators cannot become biased. However, a properly trained investigator has the necessary training and tools which effectively minimize the possibility of bias. One of the best methods to verify an investigator’s analysis and opinions is to submit the report for peer review by a colleague or an outside expert. Peer reviews verify the scientific method used. Below are a few of the major types of bias a forensic analyst can experience without proper training.

3 Types of Bias