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Biometrics valid evidence in trial, judge rules

By | February 1, 2011, 1:43 PM PST

We just caught wind of this here at SmartPlanet, but a San Francisco judge ruled in July that biometric facial recognition could be submitted as legal evidence in a trial.

It’s the first time such evidence was used in a criminal trial, and opens the door to a series of legal questions, namely because facial recognition technology is neither definitively accurate nor up to basic legal standards for evidence.

The case was for Charles Heard, who received a sentence of 25 years to life for murder.

Surveillance cameras captured footage of a man believed to have shot and killed another in an armed robbery. Defense attorneys submitted still frames from the video and offered testimony from a biometrics expert who said comparisons demonstrate that Heard was not the shooter.

Homeland Security Newswire reports:

In Germany officials found that the technology only had a 60 percent success rate in identifying people during the day, while at night it dropped to as low as 10 percent due to poor lighting conditions that made accurate identification difficult.

Despite the footage, Heard was eventually convicted by a jury.

But it raises an interesting question: is biometric technology accurate enough to be admitted as evidence alongside scientific standards such as DNA and fingerprints?

Illustration: Ajmal Mian/University of Western Australia

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Andrew Nusca

About Andrew Nusca

Andrew Nusca is the editor of SmartPlanet.

Andrew Nusca

Andrew Nusca

Editor

Andrew Nusca is editor of SmartPlanet and an associate editor for ZDNet. Previously, he worked at Money, Men's Vogue and Popular Mechanics magazines. He holds degrees from the Columbia University Graduate School of Journalism and New York University. He based in New York but resides in Philadelphia.

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Andrew Nusca

Andrew Nusca
Andrew Nusca does not hold any investments in the companies he covers.
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RE: Biometrics valid evidence in trial, judge rules
Ok, now you can be 100% sure that a hacker payed by whatever person / club / organization doesn't like you, can send you to jail for 25 years, anytime!

Payed / stupid judges by criminal people in high positions, supported by millions of stupid voters give such results every day.

"Smile. Tomorrow will be worse"
Posted by Administrator.
1st Feb 2011
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Biometric Standards
DNA testing is still not 100% accurate and it can be easily contaminated. Biometric face recognition may have similar problems. There needs to be a clear standard for both biometric and DNA testing as well as a clear chain of accountability if these methods are to be usable in court.

Judges are human, they hear many cases with different complexities as well as different results. Most of them are honest and hard working people who can be wowed by technology that appears to be more definitive than it is. I don't have a problem with biometric or DNA evidence as long as it is not the only evidence and as long as the quality of that evidence is high enough to be trustworthy.
Posted by sboverie
2nd Feb 2011
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