Critical review of the use and scientific basis of forensic gait analysis

Abstract This review summarizes the scientific basis of forensic gait analysis and evaluates its use in the Netherlands, United Kingdom and Denmark, following recent critique on the admission of gait evidence in Canada. A useful forensic feature is (1) measurable, (2) consistent within and (3) different between individuals. Reviewing the academic literature, this article found that (1) forensic gait features can be quantified or observed from surveillance video, but research into accuracy, validity and reliability of these methods is needed; (2) gait is variable within individuals under differing and constant circumstances, with speed having major influence; (3) the discriminative strength of gait features needs more research, although clearly variation exists between individuals. Nevertheless, forensic gait analysis has contributed to several criminal trials in Europe in the past 15 years. The admission of gait evidence differs between courts. The methods are mainly observer-based: multiple gait analysts (independently) assess gait features on video footage of a perpetrator and suspect. Using gait feature databases, likelihood ratios of the hypotheses that the observed individuals have the same or another identity can be calculated. Automated gait recognition algorithms calculate a difference measure between video clips, which is compared with a threshold value derived from a video gait recognition database to indicate likelihood. However, only partly automated algorithms have been used in practice. We argue that the scientific basis of forensic gait analysis is limited. However, gait feature databases enable its use in court for supportive evidence with relatively low evidential value. The recommendations made in this review are (1) to expand knowledge on inter- and intra-subject gait variabilities, discriminative strength and interdependency of gait features, method accuracies, gait feature databases and likelihood ratio estimations; (2) to compare automated and observer-based gait recognition methods; to design (3) an international standard method with known validity, reliability and proficiency tests for analysts; (4) an international standard gait feature data collection method resulting in database(s); (5) (inter)national guidelines for the admission of gait evidence in court; and (6) to decrease the risk for cognitive and contextual bias in forensic gait analysis. This is expected to improve admission of gait evidence in court and judgment of its evidential value. Several ongoing research projects focus on parts of these recommendations.