Justicia’s Gaze: Surveillance, Evidence and the Criminal Trial

摘要: This paper considers the use of products surveillance, primarily images, as evidence within criminal trial. These products, whether static video or voice recordings, are increasingly being mediated for fact-finder via ‘experts’, proffering an opinion about meaning some surveillance image, artefact trace. Common law courts, including those in Australia, UK, Canada, and US, have been surprisingly accommodating towards such evidence—allowing incriminating opinions to be presented by witnesses with questionable unsubstantiated, ‘expertise’. Institutional judicial responses tend inattentive reliability evidence, display a misplaced faith capacity traditional trial safeguards expose manage weaknesses inherent this type evidence. In looking at ways which courts CCTV recordings other traces generated surveillant assemblages, offers legal site consideration that has not featured prominently recent literature. It suggests preoccupations ubiquitous nature everyday do always map cleanly onto artefacts (e.g. images traces) justice system. At same time explores how ideas concepts familiar analysis techniques, cultures, imaginaries practices might inform our understanding its related processes. Fundamentally concerned value argues that, given premium placed upon accuracy fairness trial, state should able guarantee basic trustworthiness before interpretations derived from assemblages admitted assist proof identity guilt.