A New Theoretical Framework regarding the Application and Reliability of Photographic Evidence

Abstract

The application of photographic evidence within forensic science and the judicial system has been in practice since the birth of photography itself. However, with more than a century of application, the compelling nexus between photography and physical evidence has no clear theoretical framework that explains this pivotal relationship. From a pragmatic perspective, this article proposes a new theoretical framework that focuses on the reliability of photographic evidence as the central theme of the model. It provides a description of physical evidence as various modes of inquiry and introduces the concept that photographic evidence reliability should-be considered based on the source of the photographic material. The theoretical framework introduces taxonomical descriptors of photographic evidence including: (1) analyse, (2) document, (3) describe (visual narrative), and (4) witness forms of photographic modes of inquiry. Visual culture intellectual John Berger said: ‘At one level there are no photographs which can be denied. All photographs have a status of fact. What has to be examined is in what way photography can and cannot give meaning to facts.’ This article will examine the critical concepts regarding how photographic evidence can be considered as reliable when used as physical evidence.