A practical review of face recognition evidence in criminal cases and a theoretical response:a study of criminal case court decisions from 2013 to 2022
An analysis of criminal case court decisions from 2013 to 2022 shows that the criminal investigative authority often utilizes face recognition result as investigative leads rather than identification evidence.Face recognition evidence is generally accepted and adopted by prosecutors,defense attorneys,and judges.However,they have different views on the matter.The attribution and characteristics of such evidence remain unresolved.Face recognition evidence that has not been subject to cross-examination is implicitly admissible at trial,but such practice may hinder facial recognition technology from getting improved and the substantiation of the court hearing from being realized.To facilitate the scientific achievements to get transformed to evidence and to fully utilize the unique probative value of such face recognition evidence,legislators can refer to the rules of expert opinion to regulate face recognition evidence.Based on the principles behind the generation of face recognition evidence,evidence collection measures are expected to be more standardized,a balance may be achieved between the prosecution and defense,and the standard and focus of evidence scrutinization can be established.By doing so,legal proceedings can be coordinately connected,and thereby the possible problems and risks in the application of facial recognition technology will be alleviated.
Face recognitionAutomatic recognitionCourt decisionsEvidence typesRules of evidence
NETL
NSTL
万方数据
