One of the main goals of a lawyer is to tell a credible story. One way to achieve this is to present evidence in understandable, credible and persuasive manner. Regardless of the oratorical skills of the lawyer or witnesses, effective use of exhibitions in collaboration with the narration is much more effective in terms of conservation of memory and ability to persuade the trier of fact, the narrative alone.
demonstrative evidence appeals to people because it is more of our senses.Every time a lawyer can do more than allow his audience to hear the case, he or she is to be more effective. When you add visual perception and tactile perception, increases people's ability to understand your case.
I. The demonstration tests against real test
There is some crossover between real evidence and demonstrative evidence. Typically "concrete evidence" is used to refer to a real physical object such as a murder weapon. When an object isillustrative, as a model, pageant, or exemplary, the test tends to be concentrated in the term "demonstrative." Regardless of how we talk, most types of tests are generally admissible in Missouri courts with the foundation of the case.
II. Foundation for the introduction of demonstrative evidence.
The use of demonstrative evidence is well accepted in courts in Missouri after a foundation is correct. The individual exhibition and its use will determine thefoundation necessary for eligibility. The following example is provided foundations for some of the most typical types of demonstrative evidence.
A. Verification of photographs. The key elements are:
1. The witness testimony is familiar with the subject or scene that is depicted.
2. The witness explained the basis for his familiarity with the subject or scene;
3. The witness recognizes the object or the scene of the photo shows;
4. Thephoto accurate and / or is more the object or scene at the material time.
B. diagrams or charts. The foundation elements are:
1. The chart or graph shows a certain area, object or theory;
2. A witness familiar with that area, subject or theory;
3. The witness explained the basis for their familiarity with the area, object or theory;
4. In the witness' opinion of the diagram or graph is an accurate representation of the area, subject or theory;
5. Ifthe chart or diagram shall include the report of experimental evidence or evidence of a foundation must also be made conditional that the witness is qualified to establish theories, the validity and reliability of any instrumentation.
6. The underlying theory is scientifically valid evidence in the field ';
7. The theory is generally accepted;
8. The instrumentation and methods are reliable;
9. The instruments are generally acceptable and reliable;
10. The testimony isqualified to conduct and interpret evidence;
11. The instrumentation used to get and validate the theory was in good working conditions;
12. The procedures were followed correctly and that the witness was the outcome in conjunction with the representation in the diagram or a chart that shows the theory.
C. computer animations and simulations.
Foundation for computer animation or simulation will depend on how it is used. Will be used as evidence to illustrate an expertopinion witness, or be used as test substance.
Use of such tests is generally limited when the attempt is to introduce as an example of what happened in a particular situation, unless a foundation is laid showing substantial similarity between conditions at the time of the event depicted and Those assumed simulation or animation. See Richardson v. State Hwy. and Transp. Comm'n, 863 SW2d 876, 882 (Mo. Bane. 1993). Sometimes the animations can also beexcluded simply because they are more damaging evidence, as happened in the State of V. Stella, 998 SW2d 61, 67-68 (Mo. App 1999), in which the court concluded that a video depicting forensic animation and recreating the defendant's version of a shooting, was not eligible.
The proper foundation to admit evidence animation is similar to other scientific evidence with some variations. Search this case should be done, but a foundation might be general:
1.There are valid scientific equations and principles known to science underlying problems;
2. Computer technology can produce simulations or models based on scientific equations and principles that are scientifically valid;
3. The clients, equations and formulas that are scientifically valid are properly planned and put into a computer program or software;
4. To generate the animation or simulation, certain inputs must be made (usuallymathematics) and the nature of the measurements that are made;
5. The source of the measurements and their validity;
6. The relevant software can convert the data entered in pictures accurate and fair representation that is a scientific principle to be demonstrated;
7. Someone qualified input data necessary to use the program and with the principles and scientific equations that have been implemented in the program;
8. The real physicalcomputer has been checked to ensure the data was entered correctly and that the system works properly;
9. The operator (s) were not only trained to use computers, but also to insert specific information;
10. The images were recorded on a medium which is reliable;
11. A witness qualified by experience and training recognizes the representation to say that describes fairly and accurately the elements above the foundation.
III. Typical types of investments
1.The real physical object in question;
2. Reproductions or models;
3. Photographs;
4. Close up photographs or strengthened;
5. Aerial photographs;
6. X-ray;
7. TAC;
8. MRI films;
9. Medical videocassettes (procedures);
10. Videotape or Motion Pictures;
11. Slides;
12. Diagrams;
13. Graphs;
14. Maps / Plats:
15. Transparencies;
16. Medical or anatomical drawings;
17. Anatomical models;
18. Contracts, letters andrelevant documents;
19. Advertising;
20. Sound recordings such as 911 tapes.
IV. Issues of admissibility
A. Considerations for admission.
In addition to making the case for a specific research foundation correctly, you should include the development of exhibitions not only the effect that will have on the jury, but the effect it will have on your opponent. Besides anticipating specific objections, determine if the results show unfairprejudice, or is misleading the jury.
demonstration tests have the capacity to move people emotionally and to have a significant impact. Care must be taken to ensure that while the test is effective, not overly emphasize the concepts questionable or unduly emphasize the human responses such as disgust, contempt or pity. Council should also pay attention to whether the exposure may mislead the jury.
An example of when a show can mislead the jury is inGladhill see General Motors Corp., 743 F.2d 1049 (fourth Cir. 1984). In this case, the court has allowed a demonstration video tape by the defense of the braking characteristics of a 1980 Chevrolet Citation. Unfortunately, the accident occurred at night on a recurring downward curve and the demonstration was made to plan the day and was conducted by an expert tester. On appeal, the defense argued that the videotape was not a reconstruction of 'accident, but was "ademonstration of some operating characteristics of the vehicle in question. "The appellate court disagreed, but he felt that the testimony was misleading because Citation was shown on a large paved open road travels in a straight line with an expert driver test rather than the circumstances that were actually relevant in the particular case.
B. Objections typical
Typical objections demonstration tests usually include: lack of funds, lack of relevance orunduly prejudicial.
In addition to these general objections, the attack on demonstrative evidence can be made on a foundation core issue. An example would be a digital representation of a test can be attached to the basic results, or that information is not reliable, or that there is no proper chain of custody or that the results have been misrepresented.
V. Why use visual presentations / demonstrations Tests
In the era of video games, televisionand movies, we must bear in mind that we are all student media. Many experts, jury consultants and others have studied the effects of visual presentation and our ability to learn. One of these remarkable paper Marino and Mayer, multimedia presentations in Visual Learning: Conditions that Overload Visual Working Memory, University of California, Department of Psychology reports that the visual presentation in collaboration with the narrative is the auditorypresentation more effective for learning. Each has a capacity to store information. However, studies like this have shown that memory can be overloaded by things like the visual presentation in collaboration with the visual text. The most effective method of learning pictorial information seems to be combined with auditory information, the sequence the two together.
This kind of presentation is perfect for the mediation process and the environment. During a mediation,submitting lawyer or the narrator may use visual diagrams, graphs or images to make points in their explanation of the case. At trial, the normal question and answer method of listening tests in conjunction with the visual presentation and explaining is an effective tool for educating the jury.
For more information and ideas on the presentation of visual information, please read E. Tufte, Visual Explanations, Images and Quantities, Evidenceand narrative. Another source is more oriented toward lawyers S. Hamlin, What Makes Juries listen today.
VI. Common Errors in Preparation Show
Every visual presentation is intended to promote a certain idea or concept. Unfortunately, unless the display is clear and easy to read, will not be effective.
common errors are problems with the color and contrast. The following are some tips when preparing the exhibition. blue text on a black background or similar colorcombinations are difficult to read because of the lack of contrast. Other combinations of colors like blue and red can cause illusions when positioned closely. Yellow, a color that is very effective for presentations, tends to disappear on a white or light colored.
When preparing the exhibition, you should always take account of practical problems, like the color contrast of the above. In addition, there is an event known as "simultaneous contrast, which can happen whenopposite colors are placed in close proximity to one another. The text may appear to vibrate or shadow. eye fatigue will be increased with the use of color strongly opposed and would have avoided where possible.
VII. Order of colors
The colors are linked to emotions and intellectual stimulation for the color is "action". Typically cool, humble saturated colors like blue are "passive" and are generally associated with goodness. Warmer, more highly saturated colors suchRed, are generally considered "active" and associated with negative outcomes.
A good example of this would be a teaching / manual warning. Warnings, when associated with death or serious injury, are usually presented by a symbol orange or dark red.
Since people are used to this association, the use of these colors in sequence can be effective when the evidence presented.
VIII. Color Blind
Color is important for the effective use of exhibits. Note thata certain segment of the population is color blind. In general, males have more problems than females. Approximately 8% of male Caucasians, 5% of Asian males and 3% of other males suffer from some degree of colorblindness. Typically, these people can perceive only two or three primary colors.
Although you can not take into account all the individual problems, a way to address the issue of color is to include some questions on voir dire when in visual function for exhibitionsmake your chance. You can compensate for the lack of color in the design process. people of color blind people tend to have trouble differentiating between the different color than the real ones. One way to explain this is to highlight the text in contrasting colors, but are not closely related colors. Thus, no transition from red to orange-red, but orange instead of a change from blue to yellow or black to white. In addition, the color transitions associated with an icon is an effective way topresent an exhibition of people with a lack of color.
IX. Cost data presentation
A. Balance
Whenever you embark on a new case is a good idea to have a budget. When you are considering the presentation of exhibitions, which have a good idea of what you can afford in advance is essential. It 'very easy to spend large sums of money in preparing exhibitions. Each case has a sum of money that can be legally justified to spend on costs shows. Depending on thesize case, the balance may significantly influence how to make this presentation.
In general, the cost of the exhibition can be divided into cost of creating the exhibition and the cost of presenting the show. In our practice, we found that an investment in equipment that allows us to in-source some of the preparation and presentation of exhibitions allows us to create cost effective exhibitions that would otherwise be beyond the reach of the case. Some suggestionsare:
1. Videotape your own statements. Most professionals who already have a camcorder and a VCR or DVD player to present testimony or evidence recorded video.
2. A digital camera or a camera with a film scanner connected to a computer and a printer can produce color page shows the dimensions of the picture quality high enough That can then be passed to the jury. These same images can be output through the television, data monitor or an LCD projector in the classroom ashalf of alternative presentation.
3. Many findings that are text based, with added color, can be easily prepared on common computer software already available on most computers. For example, word processing programs like Microsoft Word and Word Perfect can be used for the production of exhibitions page size, the jury instructions, flow charts and yes / no plates. These objects can then be printed, enlarged and / or assembled by an outside vendor, as shown in a professional studio or copyingservice.
4. Our company does not change our videos, but the software is available to enable video editing on a personal computer. If you are computer savvy or willing to learn, this could also greatly reduce costs.
B. Advantages and disadvantages of the method of presentation
Commissions: can be a center of attention, but can be uncomfortable if classroom is too small, multiple cards can be difficult to manage.
TV: easy to use, handle or PowerPointmultimedia project so that jurors can not easily seen, often distorted images or colors
Monitor data: high quality images, using the required software, higher costs associated specialist needs AV Installation
Multi-Monitor: everyone can clearly see the evidence, as indicated, courtroom may be too small to handle multiple monitors, the installation requires skilled AV
LCD projectors: decrease the amount of material in the classroom, must be perfectly positioned so that all can see the quality has improved significantly; imagesbrighter and clearer and can be enlarged
VCRs: easy to use, has no immediate access to the pre-edited clips are only a four-head VCR can pause and display a clear,
Presenters Visual (ELMO) can see everything that fits onto the end, the documents must be indicated and a half pages to be readable, like a small camera
Software test: immediate access to all documents, depositions, video clips, demonstration requires a large work awaiting trial, and expert technicallogistically capable classroom.
PowerPoint presentation or software: you can create a slide show linear and simple changes, can incorporate images, manage documents so poor, most effectively used for summary or bullet-point slides
Interactive Software: Create a presentation flexible, nonlinear, and must try to predetermine all the information.
QuickTime VR: public can view a site with precision, area or object does not work in environments that are constantly evolving
There areadvantages and disadvantages of each media presentation, and input that is used for presentation. Our experiences have shown that the cards are the easiest and reliable way to submit evidence. Unfortunately, in most cases large panels can be expensive and inconvenient to handle. Our solution to this problem is to be paid for. In a case where the biggest cost may be justified, we continue to use cards as a primary method to use visual persuasion in the courtroom. Weinvestment, however, in an ELMO presenter, televisions and other equipment needed to use an ELMO visual presenter with an integrated video recorder and occasionally a laptop. This allows the possibility of small visual artifacts preparations which may have put on the ELMO and presented on the screen, substantially reducing the cost of preparing specimens and, consequently, reducing the overall cost of presenting evidence.
The cost of a helmet should be considered, but not outthe scope of most law offices, including sole practitioners. If you try lawsuits, you should consider as a potential investment. Our company has been able to purchase an ELMO presenter along with the equipment necessary to distribute the signal from the VCR, laptop and all the televisions for less than $ 4,000.00. With the help of an assistant in the classroom, the system reduces the cost of presentation of evidence.
We found that when the evidence presented, and tablesTVs work best in most settings. We handle cases throughout the state of Missouri, and therefore, face many different challenges when trying to plan classroom presentation of evidence. Overhead projectors and LCD monitors are wonderful tools, but the lighting in many courtrooms often limit their use. We also found that television sets are cheap to use, familiar to jurors and are easily replaced if damaged.
Our company has several software packages including PenaltyII, and Powerpoint presentations. Our experience has shown that the PowerPoint presentations and are extremely useful for presentations for mediation, but not flexible enough for use in the classroom. These programs can be used effectively in opening or closing, but in general, are simply too many factors. trial presentation software has many useful features. Our experience, however, was a job that requires vast awaiting trial that cost savings are offset by jobnecessary to enter all data. In addition, we experienced technical difficulties during the presentations that we have asked to use alternative methods to present evidence at the last minute. Our suggestion is that if you do not have extensive computer knowledge (we do) or professional support staff, the use of such software be limited.
X Exhibitions
A. Past Exhibitions - Charts / Models
exhibitions archive can be a way to present evidence in a way that helps visually attractivemake information more clear. In our personal injury practice, we often use anatomical models. In the hands of an expert, they can be great visual aids and teaching tools to help jurors understand clearly the anatomy and injuries in question. The charm of these models is that they are generally inexpensive, can be reused and are therefore economically efficient. Stock charts shows how doctors are also effective for the same reasons. Charts can be purchased over theInternet or as part of a library full. Different services to produce graphs of the whole human body and are available for a few hundred dollars. Most word processing programs like Microsoft Word or WordPerfect may be used to change these images if they are available on disk or CD ROM. This allows a degree of customization of your graphics.
B. In House Exhibitions
The exhibition house can be of high quality and very profitable. Common word processing software such as Microsoft Word andWordPerfect can be used to make exhibitions effective when combined with colors and images inserted. Programs such as Powerpoint presentations and can also be used to add bullets, arrows and create visual graphics that can then be printed on a color printer. These findings can be passed or presented to the jury through a card or magnification shown in electronic form.
C. Exhibitions Custom Made
Custom has generally expect the best and are always more expensive. Inmost cases, rely heavily on tables to present the facts. When these exhibits are mounted on Gator and printed to a high quality large format, are very expensive. However, the cost can be reduced with an external consultant to prepare the exhibits and provide them electronically. May be submitted by a laptop through the means of presentation. We found this can save up to 40% on the price of custom show preparations. We alsofound it convenient to buy a couple and exhibitions tailored to also have the third party vendor to prepare our exposure on in-house professional looking cards in most cases.
We hope that there are some thoughts and suggestions in this document and the presentation that you will find useful in your practice. Good luck with your cases.
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