Forensic acoustics: Presentation of recordings at trial
Forensic acoustics: is the science that deals with sound and its environment (recordings, sound systems, software) in its aspect related to justice and police investigation. It concerns everything related to sound that can be provided, required or valued as evidence in legal proceedings and litigation.
It is a complex science that requires great technical and professional training, with high analysis capacity and specialized equipment and software of great complexity and price.
IS IT EFFECTIVE TO PRESENT A RECORDING AS EVIDENCE AT TRIAL?
In general, sound recordings are worth their price: if the recordings show conversations that have been held by the parties in litigation, their presentation at trial is lawful. This includes those that have been obtained without the knowledge of the other party. The recordings must also have been made by one of the parties to the conversation.
Therefore, audiovisual materials are very useful because they show facts in an irrevocable way and are easy to obtain by using the cell phone itself (which has a multitude of APPs that can record) or camouflaged or very small recording devices.
It is very common for the other party to want to settle if they know that the disputed facts are recorded and will be presented.
STEPS TO FILE A RECORDING IN COURT?
We cover all stages, with the best methodology for the presentation at trial of audiovisual evidence (recordings, videos) that is completely secure and cannot be challenged or contested.
The recording to be provided as evidence must:
- Have a minimum quality: recordings in which the conversation is unintelligible to another unconditioned party are not admissible.
- Provide a reliable transcript: We can transcribe the conversation, if necessary. It is a laborious task that must be done accurately so as not to lose credibility with the judge.
- Provide an expert audio report confirming that the recording is complete and has not been manipulated since its capture. We can provide this report with maximum reliability.
On this basis, the facts are often incontrovertible and the basis for a favorable judgment or settlement is often established.
ANALYSIS OF THE RECORDING
It is very important that the forensic assessment covers all facets of the analysis:
- Metastructured information present in the original file.
- Critical hearing: Even today, with all the technological means, this part is the most important. It must be done with the highest quality devices, such as the Sennheiser HD600, which are our favorite for this work. Sometimes listening with different devices (loudspeakers, monitors or different headphones) provides information.
- Time domain analysis: assess the characteristics and continuity of the signal oscillogram.
- Frequency domain analysis: See the characteristics of the phonogram of the recording: position and shape of voice formants, continuity elements, frequency amplitude, prominent frequencies, colorations, etc.
- Circumstances involved: the experience of an expert who has listened to hundreds of recordings can help to reveal the circumstances involved in the recording: violence, provocation, scenario, persons involved, etc.
SOURCE OF THE RECORDING
The recording to be presented in court can have multiple origins. It is very often a cell phone recording, but there are many others: each of them has its own peculiarities when it comes to authentication. The original source of the recording, if available, must be known and guarded. Sometimes it is not available, as the recording has been made by external elements (such as security cameras) or has been provided by third parties or has been requested or damaged.
DEFENSE AT TRIAL
In the defense at trial, possible objections of the opposing party are rebutted. It is advisable to keep the recordings in a format that allows them to be presented with agility (reproducing the critical parts) and with sufficient volume and quality so that the entire courtroom can hear what is being said.
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