CCTV Images As Evidence - Porter (2009)
CCTV Images As Evidence - Porter (2009)
To cite this article: Glenn Porter (2009) CCTV images as evidence, Australian Journal of Forensic
Sciences, 41:1, 11-25, DOI: 10.1080/00450610802537960
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Australian Journal of Forensic Sciences
Vol. 41, No. 1, June 2009, 11–25
PLENARY
CCTV images as evidence
Glenn Porter*
Introduction
The introduction of closed-circuit television (CCTV) into the public landscape has
provided a new level of surveillance within contemporary society. Never before
have vast numbers of individuals been under this level of surveillance and scrutiny.
The density of surveillance cameras has increased exponentially in recent years,
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*Email: g.porter@uws.edu.au
Figure 1. Number of CCTV cameras installed by QR Citynail network [Data sourced from
Wells et al. 2006].
It has been suggested that the intrusion into our privacy is off-set by the increased
security CCTV provides to citizens while transiting through public spaces. This
discussion will not examine the civil liberty debates associated with privacy issues of
law abiding people; it does accept, however, that CCTV captures criminal activity in
action. It is the reliability of this imagery to provide forensic evidence that is the
focus of this discussion.
CCTV as evidence
Most Western adversarial legal systems have established rules of evidence. General
principles regarding the admissibility of photographic evidence may be summarised
into three general standards and apply to most legal jurisdictions. Photographic
evidence may be defined as: photographs, digital images, video footage, composite
digital images or computer drawings (identikit images), CCTV images and images
taken by mobile phones. May (1987) suggests the photographs or images become a
Australian Journal of Forensic Sciences 13
tangible form of evidence6. The three general standards that apply to photographic
evidence include:
These standards certainly apply to CCTV images. The application of CCTV images
during the investigation of a crime is certainly multifaceted and produces a passive
form of witnessing. CCTV images can:
(5) provide public safety by the detection of criminal activity (if monitored).
(1) interpretation;
(2) analysis of image data and reconstruction;
(3) image enhancement;
(4) image authentication; and
(5) facial identification.
Interpretation
The interpretation of visual narratives from CCTV images may be in several cases a
simplistic representation of an event (for example, someone vandalising a bus shelter
by smashing the glass). However, other events present highly complex situations that
are more difficult to interpret. The danger in interrupting visual evidence is that the
complexity is often concealed in the simplistic representation of the images. A good
example to reflect on is the ‘Rodney King Video’, where both sides of the legal
representation presented completely different interpretations of the same video
footage7,8. The defence in the case against the police officers also suggested that the
video images, when viewed from a simple representational perspective, actually
distorted the reality7,8.
Janina Struk makes an observation regarding interpreting the vast collection of
photographic evidence from the Holocaust during the Second World War. In her
book entitled Photographing the Holocaust: Interpretations of the Evidence; Struk
suggests:
The photographic representation of the Holocaust does not give a comprehensive
account of the historical events which photographic narratives generally lead us to
believe; that is not possible. Photographs are fragments. They illustrate stories, they do
not tell them. It has been left to the curators, film-makers, historians and propagandists
to determine how they are interpreted.9
14 G. Porter
How we interpret CCTV images as evidence is also more complex than what it may
appear. Establishing an understanding of what is ‘real or distorted’, ‘true or untrue’
requires an understanding of visual culture aspects that relate directly to forensic
science. Concepts regarding ‘photographic truth’ are currently being discussed
quite intensely among visual culture academics. Its relevance to forensic science
and visual evidence needs to be further explored. The danger when inappropriate
and inaccurate interpretations are made before a lay jury is the weighting photo-
graphic evidence may have against the accused. The highly believable nature of
photographic evidence may present an unfair prejudice that could be most difficult to
defend against.
Western societies are considered to have a high level of visual literacy. Our lives
are saturated with the application of images and we all use skills to interpret the
messages associated with images in the media, advertising, signs and other aspects
of our lives. How skilled are we however, when required to interpret images as
evidence?
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would not be possible. This thinking suggests that an item must exist in reality before
it may be photographed.
Figure 3 is, however, a photograph of an impossible triangle, and it has been
taken with a camera with no digital manipulation whatsoever. It is a straight
photograph of the timber structure. If so, then how could this structure exist in real
life: did it or didn’t it?
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person make an interpretation? Should the courts provide a caution to the jury when
interpretation of visual evidence is presented? Should investigators be provided with
training to provide informed interpretations? In many instances, understanding what
you cannot say is usually more important than what you say. These are certainly
perplexing questions on a form of evidence that can be dangerously taken for
granted, particularly CCTV images.
CCTV systems also provide metadata to be embedded into the file that record
time. Fixed landmarks depicted in the scene also allow distance and scale to be
measured. In one case, we were able to estimate the average speed of a truck using
quite visible landmarks on the road. The time presented in the metadata found in the
digital imaging files and the measured distance between the landmarks at the scene
were used to calculate the average speed7. The reconstruction of the scene using
physical attributes is certainly an aspect worth exploring with CCTV images. As a
cautionary note, however, these attributes require careful consideration of
photographic concepts like perspective distortion. I will elaborate in more detail
on this aspect during the discussion on identification.
Poor image quality is a significant problem with CCTV images and particularly
digital CCTV. Factors influencing image quality include lens optics, lighting
conditions, exposure, sensor size and the digital file storage application. A significant
problem with digital systems is how to store the vast amounts of memory needed for
each CCTV camera. The memory requirements notably increase with higher
resolution and higher frame rates. To reduce the amount of memory needed for the
storage of digital CCTV images, two strategies are employed:
(1) smaller frame-rates are used. For example, 24–30 frames per second are
required for natural motion. CCTV cameras can capture images as low as
2–4 frames per second, which results in less images, therefore less storage;
(2) codec algorithms are also employed. These are digital compression and
decompression processes that allow the stored image to be reduced in sized
and decompressed when played using a player that can read the codec14. MP3
format is an example of a codec.
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Codecs are highly problematic for CCTV images used as evidence. Quality is
significantly reduced during the compression and data is lost. Another major
problem with this system is that codec processes are not generic and are specific to
the system used to record the images. Digital photography also had this problem
with RAW files; however, industry standards have now included standard RAW
processing applications including Adobe RawTM and generic DNGTM (Digital
Negative) file applications.
Codec algorithms also greatly reduce the ability to download highly resolved still
images for forensic analysis. Instead, the forensic practitioner is forced to use the
propriety software player that supports the file codec and CCTV system. This is a
significant problem with CCTV images as evidence, because the general player’s
ability to capture still frames is of a low standard.
Image authentication
The provenance of CCTV images, and any other images, is an important
consideration that is often overlooked. While I do not personally know of any
incidents of falsified CCTV images, there is a long history of faked photography used
mostly for propaganda16,17.
With the increasing application of image-editing software, the likelihood of falsified
images being presented to police is ever-increasing. Despite a common myth, altered
images are quite readily detectable by forensic photography experts. Inconsistencies in
image noise, lighting direction, colour, vanishing points, size, image perspective are just
a few aspects that may lead to the detection of faked images18.
Identification
Identification of individuals depicted in CCTV images offers a lot of promise for
forensic intelligence and evidence. There is an important distinction between
‘recognition’ and ‘identification’. Recognition provides some visual similarities
between the facial features of the subject in the image and the facial features of a
known subject. Recognition may be achieved by someone who knows a person
that presents some similarities in the images.
18 G. Porter
The proposed holistic facial identification model suggests several approaches be used
to corroborate the results. However, it further supports that without any evidence of
unique identifying features, a positive identification would be most inappropriate.
The difficulties currently seen with most CCTV images is their inability to resolve
fine detail that could provide the visualisation of any facial features that may be
considered as unique identifiers. Poorly resolved CCTV images prohibit effective
examinations.
Some recent Australian cases have produced positive identifications based on
facial morphological aspects and without any evidence of unique characteristics.
These cases used CCTV images of poor image quality which would not be able to
resolve any unique features if they were present. Positive identifications should be
also backed-up with a sound method of articulating individuality.
Establishing and testing concepts involving individualisation is an area of
research that needs considerable attention for CCTV evidence. Further research may
provide better tools for this type of evidence. Whether definitive positive
identifications are possible with CCTV images will largely depend on the resolving
power of the imaging system and the features presented by the subject. At this stage,
definitive positive identifications are most unlikely and, in most cases, dangerous.
involved the comparison of images taken from a CCTV camera situated in an ATM
and exemplar material was taken of the accused who was in custody.
My concerns were regarding the consistency of the size of features (the morpho-
logy) between images displaying different image perspective. Image perspective
changes with ‘u’ distances (distance between the subject and lens). I was able to
establish through the police photographer that the exemplar photographs were taken
at a distance between 3 and 4 m. Distance ranges from the CCTV images were
measured by an examination of the scene and using several landmarks to establish
the points of interest.
The ‘u’ distances of the CCTV image was estimated between 0.4 and 1 m, while
the exemplar images were taken at a distance of 3–4 m. From a photographic aspect,
the different ‘u’ distances may produce significant variation in the representation of
facial morphology between the questioned and exemplar photographs due to the
different inherent image perspectives. Image perspective is a complex visual
phenomenon that is not well understood outside the photography discipline,
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The experiment involved a model photographed with different sized facial features
at different distances. A visual analysis was first conducted followed by photo-
anthropometric analysis of anatomical landmarks. The results indicated significant
variance in facial morphology indices at distances 51.5 m, moderate variation at
distances between 1.5 and 3 m, and insignificant variation at distances 43 m.
This experiment indicated that there was a critical need to examine questioned
and exemplar images that were of similar image perspective. This means that when
photographs are taken of Persons of Interest (POI) for comparison, the ‘u’ distance
of the questioned CCTV images must first be determined. This involves examining
the scene and using various photographic or photogrammetry techniques to
establish these distances. Once the questioned images ‘u’ distances are determined,
the exemplar photographs should then be taken at the same distance to produce an
image of similar perspective. Naturally, the camera viewpoint in relation to the
CCTV camera and the POI should also be replicated. Camera viewpoint and image
perspective are two very different photographic conditions and should not be
confused. It makes sense to approach these comparative analysis methods for facial
identification with like-to-like specimens.
20 G. Porter
Figure 5. Visual analysis of variation of facial morphology caused by different camera ‘u’
distances. Photographs by Glenn Porter.
(1) determining the location of the POI within the image space using a technique
called ‘perspective grid photogrammetry’21–23; and
(2) apply a surveyor’s scale positioned on the location of the POI.
The technique uses Adobe Photoshop CS3TM to overlay and register the images. The
critical component to this technique is the application of the same camera that captured
the event or POI being used also for the analysis. The CCTV must be a static camera
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and not a camera that can pan, tilt and zoom. The advantage of this technique is
its simplicity and the fact that the optical system remains constant, meaning the same
lens focal length, focus and other optical conditions are always used.
The question this work is attempting to answer is whether the error rate for
estimating height is smaller than the height range from a normal population. If
the error rate is the same or larger than the range calculated from a sample
population, then the application of height estimation becomes meaningless. If
found suitable, however, which is highly questionable, the estimation of height is
an application that would not be suitable for identification purposes in any event.
However, it may have some application for the elimination of POIs, and this
would certainly be a positive contribution.
Figure 7 is an experimental image that combines the CCTV image of the POI
with an image taken by the same camera with a surveyors scale placed at the location
of the POI. The opacity of the image with the scale was reduced to allow the POI
image to be seen. Note the degree of registration of most objects in the scene (pavers,
bricks, notice board) with the exception of some notices on the board due to
movement. This image also shows the difficulties with this type of analysis. The
Figure 7. Experimental images combining the CCTV image of a volunteer POI with an
image with a surveyor’s scale to measure the POI height.
22 G. Porter
posture of the POI would provide a significant degree of error. The selection of
images is an important consideration with this technique.
Determining the placement of the surveyor’s scale requires calculation using
perspective grid photogrammetry. Perspective grid photogrammetry is a single image
photogrammetry technique (as opposed to stereo images) and requires a further
photograph taken with the same CCTV camera and with the inclusion of two (or
four) square grid references21–23. These references provide the following visual
information needed for the analysis:
The grid references are placed within the scene and the location noted using
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software. Thresholds regarding the visibility of the ear morphology are established
under a controlled viewing method. The images that display or maintain a clear
visual rendition of the ear morphology are identified and subjected to resolution
measurements from the test target using Modulated Transfer Functions (MTF).
MTF is a quantitative method of determining resolution across a range of spacial
frequencies unlike resolving power which is highly subjective and the value
represents a single frequency. MTF is traditionally a system of measuring the
performance of an optical system using a sinusoidal test target recorded onto film.
Resolution is determined by measuring the contrast of the recorded test target using
a microdensitometer and the results are plotted in a sinusoidal waveform. As the
contrast reduces, so does the level of resolution or ability to record higher spacial
Figure 9. A series of experimental images taken of a volunteer POI with the test targets
embedded into the image for MTF evaluation.
24 G. Porter
Figure 10. Sample curves measured from the images and test targets displayed in figure 9.
frequencies. A MTF value of 1 or 100% represents the ideal lens performance. Film-
based optical systems are measured by MTF using wave recordings while digital
systems use edge methods23.
Digital images use a MTF system by measuring a single slant edge component of
the target. An edge profile is first established and the MTF is produced by a Fourier
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transfer process of the edge profile24. The resulting MTF curve represents the
performance across a range of spacial frequencies. While this research is still in the
developing stages, the MTF curves in Figure 10 are the results from the samples used
in Figure 9. The edge profile is indicated on the top of each box while the MTF
values are displayed in the lower section. These values are only indications at this
stage and the work is ongoing.
Conclusion
As a way of summing up, I’ll make the following recommendations regarding
identification evidence from CCTV images. I suggest we be patient with this form of
evidence and resist making claims about POI identification without the support of
the technology. Improvements in image quality are bound to develop especially if we
can establish some research links between the technology developers and forensic
science practitioners. We need to exercise patience so we do not make expensive
mistakes including possible misidentifications, injustices and produce case law that
may prohibit using this form of evidence in the future. If we can develop research
links with CCTV technology developers, develop proven tools that can assist in the
concepts of individualisation, develop training for practitioners and investigators
who may use the technology as a source of evidence, CCTV images as evidence has a
bright future. It is no surprise that the recent reports from Scotland Yard suggest
CCTV has proven to be ineffective. We simply have not yet developed the concepts,
technology or tools to appropriately support this form of evidence. However, it will
become a tool of immense value once we have.
Acknowledgements
I would like to thank Chester Porter QC for his insightful commentary and my colleague and
friend Charles Crumlish for his assistance with the preparation of the sample images used in
this presentation.
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