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NINE: A VFE should always have their work vetted. Vetting investigations and reports are necessary because it adds credibility to the work and work product that is being presented. A VFE with similar training and experience is chosen to review all VFE work product as well as report and test results. This process adds value to the investigation as well as assures the client attorney of the forensic activity performed.

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There are quite a few people who call themselves experts who have little to no training, but still, believe they have the skills and ability to perform forensic video enhancements. Hiring someone without the necessary training can lead to dismantled testimony and inadmissibility of evidence in court.

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SEVEN: Does the VFE know how to recover original evidence? Do they have an evidence recovery kit and lab protocol? If there is an error in recovering original evidence, that evidence may be tainted, and the testimony is weakened. An experienced VFE has an evidence recovery tool kit and knows how to coordinate an evidence recovery protocol with the litigation team.

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SECOND: Do they know about the Silent Witness Theory? A qualified VFE knows the rules and legalities of admitting video recordings into evidence as a silent witness, a method of authenticating and admitting evidence like photographs, without the need for a witness to verify its authenticity. They help the litigation team understand how an authentic video recording can serve as a silent witness. Once a video recording has been deemed authentic, it can stand alone as a reliable witness exemplifying the events in question as they originally occurred.

THIRD: A qualified Video Forensic Expert should understand how to maintain pixel integrity when performing forensic enhancement. There are specific protocols and procedures that are to be followed in order to maintain the integrity of the video evidence.

The main reason you would hire a Video Forensic Expert (VFE) is to discover the truth about a video recording. Has it been altered? Does it represent a digital original? Is it an original recording with integrity? Some forensic video assignments may require forensic authentication and analysis. Others may require forensic video enhancement, evidence recovery and or a CCTV systems audit. Regardless of the type of investigation, all investigative activity should be performed by an experienced Video Forensic Expert. An investigation must be accurate and performed according to scientific protocols. Primeau Forensics believes that it is important to retain a VFE that is confident, experienced, and has been trained to perform the investigation required for your litigation. Below, are ten points to help you hire the right VFE for your case:

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SIXTH: A court can dispute any work product due to lack of knowledge, skill and experience from someone who is not qualified. A video forensic expert is qualified and understands the laws and accepted protocols in the scientific community.

TEN: A VFE should know how to write an scientific forensic report that has correct formatting and in-depth explanations of all forensic work that was performed. Details such as the VFE’s experience, how evidence was received (chain of custody), all lab activity, and opinions and conclusions. After this is thoroughly documented, a conclusion is formulated pertaining to the investigation as a whole. It is imperative that the expert uses language that is easy for the Trier of Fact to understand while also referring to the necessary scientific information. A forensic report serves as a “script” during testimony as well as a step-by-step guide so that if another qualified expert were to perform the same tests, they would arrive at the same opinions and conclusions.

EIGHT: A VFE understands the importance of a Chain of Custody. When Authenticating digital evidence, according to the Scientific Working Group on Digital Evidence (SWGDE), the Chain of Custody documentation should be contemporaneous to the collection and include a description or unique identifier for the evidence as well as date and time of receipt and transfers. The record should also identify each person (i.e. Name, Title, Signature) who takes possession of an evidence item as well as the activity they performed while in possession of the evidence.

FOURTH: Hire a VFE that is knowledgeable about the various file formats of video recordings . For instance, CCTV formatting will be completely different than a smartphone video recording. It is also important to understand the difference between proprietary video, open-source, and courtroom ready video.

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Who you decide to hire can affect the outcome of a case, which is why it is important to engage with a VFE who has the correct training and experience. They will present the evidence and testify in more complex cases effectively reporting their processes, opinions and conclusions. It is all about the video evidence integrity.

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Video Forensic Experts may help an attorney or litigator understand the relevance of the evidence. Rule 702 from the “Federal Rules of Evidence” has this to say about expert witnesses: the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.

FIRST: Ask for a Curriculum Vitae. How many successful cases has the expert completed? What type of training or certifications do they have? How many times have they testified? A Curriculum Vitae will display past cases where the expert has testified, certifications, and other trial and deposition experience. This information presents the experts level of skill they possess.

Evidence recovery is considered a science because there are protocols and procedures in the scientific community which must be followed and observed in order to successfully complete the recovery while maintaining the integrity of the evidence.”

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FIFTH: A Video Forensic Expert must have experience and training in proper evidence recovery. A qualified VFE has the ability to recover recordings from an original device. They must know all functions of the equipment including the video format(s), codecs that the system incorporates, and how to troubleshoot all potential problems that could occur during the recovery process.

This is a very good article on hiring a Video Forensic Expert (VFE). I goes into great detail on collection, analysis, and presentation of Video Evidence.

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