ABSTRACT

This chapter discusses the history of gait evidence in judicial proceedings, from its beginnings in the 1800s in England, to its application in more recent cases in the United States. The use of gait analysis as evidence continues to become more accepted by law enforcement, attorneys, and judges as a method of assisting in the identification process. Court decisions, particularly in the United Kingdom and the United States in recent years, show the frequent acceptance of gait evidence and testimony, both from lay witnesses and expert practitioners. The appellate court went on to explain that the Superior Court elected to adopt the approach provided by Rule 701 of the Federal Rules of Evidence. The judge rejected Otway’s challenge and permitted Blake to opine on the similarities in gait between Otway and those of the man in the CCTV images to assist the jury in their evaluation of the evidence.