MBE Rules · Evidence
Photographs and Recordings
Photograph authentication
The rule
Photos and videos are authenticated by a witness with knowledge that they fairly and accurately depict the scene — the photographer is unnecessary; silent-witness authentication uses process reliability.
In plain English
To authenticate a photograph or video, a witness who has knowledge of the scene must testify that the image accurately represents what it depicts. The person who took the photo or video does not need to testify, as long as the process used to create the image is reliable.
Worked example
During a trial, a police officer testifies that a video taken from a body camera accurately shows the events of an arrest. The officer was present during the incident and confirms that the video has not been altered. The court accepts the video as evidence based on the officer's testimony, leading to a conviction.
Memory hook
A witness with knowledge is the key to unlocking visual evidence.
The trap
Exams may present scenarios where students mistakenly believe the photographer's testimony is required, leading to confusion about the authentication process. Students should focus on the reliability of the witness and the process instead.
How examiners test it
Questions often involve a fact pattern where a witness must authenticate a photo or video, testing the student's understanding of the requirements for silent-witness authentication.
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