Restricting photographic evidence in the courtroom: A response to technological and cognitive vulnerabilities

Abstract

Once regarded as an objective form of evidence in criminal trials, photographs are now under growing scrutiny, as digital alteration and psychological biases can mislead jurors and shape their perceptions of guilt or innocence. This paper examines how photographic evidence can distort legal outcomes through implicit, cognitive, and confirmation bias. The use of artificial intelligence (AI)-enhanced images in suspect lineups heightens the risk of misidentification, while the rise of deepfake technology enables the fabrication of evidence for political, legal, or personal agendas. Even without malicious intent, these practices can reinforce systemic flaws and compromise the integrity of the legal process. This paper argues for restricting photographic evidence depicting suspects in criminal trials unless it undergoes expert digital forensic analysis to detect alterations and is submitted exclusively in digital form to preserve metadata and integrity. Implementing these safeguards would strengthen the reliability of photographic evidence while protecting the justice system from technological threats and psychological biases.