CFP Industry Regulations & Compliance 3 — Questions and Answers
Question 1: During discovery, the defense requests all crime scene photographs, including ones the prosecution considers unhelpful. Under Brady v. Maryland, what must the prosecution do?
- Disclose any images that are exculpatory or favorable to the defense (Correct answer)
- Provide only images it plans to use at trial
- Withhold images until the judge orders release
- Provide low-resolution copies only
Correct answer: Disclose any images that are exculpatory or favorable to the defense
Brady requires disclosure of evidence favorable to the accused, which can include photographs that support the defense theory.
Question 2: A forensic photographer is asked to delete embarrassing but irrelevant background details from evidence photos before archiving. The correct compliant response is to:
- Refuse, because original evidence images must never be altered or selectively deleted (Correct answer)
- Comply if a supervisor approves verbally
- Delete the images but keep a personal copy
- Crop the images and archive only the cropped versions
Correct answer: Refuse, because original evidence images must never be altered or selectively deleted
Altering or deleting portions of original evidence images compromises integrity and can constitute evidence tampering.
Question 3: Which accreditation standard is most commonly applied to forensic laboratories, including their imaging units?
- ISO/IEC 17025 (Correct answer)
- ISO 9001 only
- ISO 14001
- SOC 2 Type II
Correct answer: ISO/IEC 17025
ISO/IEC 17025 sets competence requirements for testing and calibration laboratories and is the principal forensic lab accreditation standard.
Question 4: Autopsy photographs in many U.S. jurisdictions are restricted from public release primarily because of:
- State statutes protecting decedent and family privacy (Correct answer)
- Federal copyright held by the medical examiner
- Camera manufacturer licensing terms
- Rules requiring all evidence to remain digital-only
Correct answer: State statutes protecting decedent and family privacy
Many states passed laws restricting autopsy image release to protect the privacy and dignity of the deceased and their families.
Question 5: A photographer testifying about an image's metadata is asked how EXIF data supports compliance. The best answer is that EXIF data:
- Records capture details like date, time, and camera settings that help verify authenticity (Correct answer)
- Automatically encrypts the image against tampering
- Proves the photographer's certification status
- Guarantees the image will be admissible
Correct answer: Records capture details like date, time, and camera settings that help verify authenticity
EXIF metadata documents capture conditions, corroborating when and how an image was made, though it does not by itself guarantee admissibility.
Question 6: Which scenario most clearly violates evidence retention regulations?
- Purging homicide scene images before the statutory retention period and appeals are exhausted (Correct answer)
- Storing images on a validated redundant server
- Retaining originals after the case closes per policy
- Migrating archives to new media with verification
Correct answer: Purging homicide scene images before the statutory retention period and appeals are exhausted
Destroying evidence images before retention periods and appellate processes conclude breaches retention law and can constitute spoliation.
Question 7: The 'best evidence rule' under FRE 1002 historically requires the original to prove content, but digital forensic images are usually handled how?
- A verified duplicate is admissible as an original under FRE 1001-1003 (Correct answer)
- Only the memory card itself may be shown to a jury
- Prints are always inadmissible
- Digital images are exempt from all evidence rules
Correct answer: A verified duplicate is admissible as an original under FRE 1001-1003
The rules define accurate digital duplicates as admissible equivalents of originals absent genuine authenticity disputes.
CFP Industry Regulations & Compliance 3
During discovery, the defense requests all crime scene photographs, including ones the prosecution considers unhelpful.
Under Brady v.
Maryland, what must the prosecution do?