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What is the Quality of this New Digital Legal World?
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What is the Quality of this New Digital Legal World?

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Presentation for the BILETA 2005 conference

Presentation for the BILETA 2005 conference

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What is the Quality of this New Digital Legal World? What is the Quality of this New Digital Legal World? Presentation Transcript

    • Over-Commoditised;
    • Over-Centralised;
    • Over-Observed?
    • What is the Quality of this
    • New Digital Legal World?
    Michael Bromby Hayley Ness Division of Law Department of Psychology Glasgow Caledonian University Napier University
  • CCTV in the UK
    • Prevalent in city centre
    • Increase in digital recording
      • Improved quality of footage
      • Greater storage capacity
    • Valuable for criminal prosecutions
      • Does quality affect identification?
      • How valid are identifications?
  • Identifying the Crime
    • Evidence of actus reus
      • Theft
      • Assault
      • Damage to property
    • Quality need not be an issue
    • Images convey more information that oral or written forms of evidence
  • Identifying the Crime Actions are identifiable from poor quality CCTV
  • Identifying the Person
    • Quality is more important
    • Discernible facial features
    • Pathways to recognition
      • Suspect familiar
      • Suspect unfamiliar
    • Emphasis on ‘who is observing’
  • Unfamiliar Face Recognition
    • Credit card study
      • 50% hit rate
      • 35% correct reject rate for similar faces
    • Target arrays
      • More time available
      • Matched for viewpoint and expression
      • Ideal conditions
  • Unfamiliar Face Recognition Target face
  • Familiar Face Recognition
    • The image quality is less significant
    • Over 70% hit rates can be achieved
    • Familiarity is associated with:
      • Gait
      • Body shape
      • Posture
      • Movement
      • Clothing
  • Familiar Face Recognition
  • Familiar Face Recognition
  • Psychological Modelling
  • Admissible Comparisons
    • Attorney General’s Reference (2 of 2002)
      • Clear images can be left to the jury
      • A witness familiar to the suspect may make an identification
      • Special knowledge acquired by repeatedly viewing the footage
      • Expert opinion may be provided
  • Jury Comparisons
    • They are unfamiliar
    • High quality images may be misleading
    • Can familiarity be acquired?
  • Familiar Witness Recognition
    • Family or close friend
    • Social or societal connection
    • Police or other agency involvement
      • At what stage does familiarity evolve?
  • Repeated Viewing
    • This does not conform to Ψ model
    • Faces need to be learned
      • Alteration of angle
      • Lighting conditions
      • Context or setting variance
  • Expert Opinion
    • Not required if imagery is high quality
    • Can be inadvertently persuasive
    • Unfamiliar face matching
      • Repeated viewing?
      • Knowledge of anatomy and anthropology
  • Conclusions
    • Quality of imagery is a problem for identification in criminal procedure
    • Less of an issue for familiar witnesses
    • More problems than quality associated with unknown face matching
    • Expert evidence is not always permitted
    • More research is needed in some areas