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One of the main objectives of the proponents is to tell a credible story. One way to achieve this goal, the evidence in an understandable, credible and convincing to date. Regardless of the oratory skills of the lawyers or witnesses, is the effective use of artefacts in connection with the story much more effective in terms of memory and persuasion, Trier of fact, as the same story.
Demonstrative evidence appeals to people because it includes most of ourSenses. Every time a lawyer can do more than allow his audience to hear the case, he or she becomes more efficient. If you add the visual perception and tactile perception, increases people's ability to understand your case.
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I. The demonstration trial see real evidence
There are some cross between the concepts of real evidence and demonstrative evidence. In general, the "real test" is used to find a physical object such as a murder weapon. If an object onlyExplain how a model or a model tends recollection, the evidence in the term "demonstrative evidence" to be grouped. Regardless of his name, several types of evidence generally recognized in the Missouri courts with the appropriate foundation.
Second base for the introduction of demonstrative evidence.
The use of demonstrative evidence in Missouri courts accepted after a foundation is laid properly. The solo exhibition, and its use to determine theadequate basis for eligibility. The following example is provided foundations for some of the typical species of demonstrative proof.
A. Review of records. The basic elements are:
1 The witness is familiar with the subject or scene being shown.
2 The witness explained the basis for his familiarity with the subject or scene;
3 The witness identifies the object or scene is shown in the picture;
The 4Accurate picture and / or better the object or scene shows the time in question.
As graphs or tables. The elements for the foundation are:
1 The chart or graph that shows a specific area, object or theory;
2 The witness is familiar with the area, an object or a theory;
3 The witness explained the basis for their familiarity with the environment, object, or a theory;
4 In the testimony, according to the chart or table is an accurate representation of the object surface, or theory;
5 Ifthe table or a graph, the ratio of experimental evidence or evidence to lay the foundations for probation, including that the witness is qualified, the theories, to determine the validity and reliability of the equipment.
6 The underlying theory is scientifically valid in the witness';
7 The theory is generally accepted;
8 devices and methods are reliable;
9 The instrumentation is generally acceptable and reliable;
10 The witness isqualified to perform and interpret tests;
11 Apparatus used to get and validate the theory was in good condition;
12 The correct procedures were followed and that the witness in relation to the results shown in the graph or chart that says the theory.
C. Computer simulations and animations.
Foundation for computer animation or simulation, as it should be used depend. Will be used as evidence to illustrate an expertWitness opinion, or will be used as key evidence.
The use of such evidence is usually limited when trying to introduce as an example of what happens in a given situation, unless a foundation laid, which shows a remarkable similarity between the conditions at the time of the event and those employed in the simulation and animation. See Richardson v. State Hwy and Transp Comm'n, 863 SW2d 876, 882 (Mo. bane. 1993). Sometimes such animations can alsoexcluded simply because they do more harm than conclusive, as in the case against Stern State, 998 SW2d 61, 67-68 (Mo. App 1999), in which the court found that a forensic animation video representation and recreate the shooting version of the accused was not acceptable.
The proper basis to admit evidence of animation is comparable with other scientific findings with some variations. Specific case, the research should be done, but in general could be:
1There are scientific principles and equations underlying problems known to science;
2 Information technology can produce simulations or models based on scientific principles and equations that are based on scientifically valid;
3 The principal, equations and formulas that are scientifically valid, have been programmed into a computer and some software or programs;
4 To create the animation and simulation, some entries are made (usuallymathematics) and the type of measurement to be made;
5 The source of the measures and their validity;
6 The software in question is able to enter information in a correct and accurate representation of images, a scientific principle, be detected;
7 Someone qualified to enter the necessary data for the program and the scientific principles and equations that have been implemented in the program uses;
8 The actual physicalComputer has been checked to ensure that data is entered correctly and that the system is working properly;
9 The operator (s) have been trained to use not only computers but also to put information;
10 The images were recorded half that is reliable;
11 A witness to the experience and training of qualified recognizes the presentation to say that represents fairly and accurately the last elements of the foundation.
III. The types of artifacts
1The physical object in question;
2 reproductions or models;
Photo 3;
4 Close-up photographs or improved;
5 Aerial photographs;
6 X-rays;
7 CAT scans;
8 Movies magnetic resonance;
9 Videotapes doctor (method);
10 Videotape or moving images;
11 slides;
12 graphs;
13 graphs;
14 Maps / Plats;
Film 15;
16 medical or anatomical drawings;
17 anatomical models;
18 contracts, letters andrelevant documents;
19 Show;
20 Audio recordings, such as 911 tapes.
IV eligibility problems
A. Considerations for approval.
In addition to doing research for a specific right case, you should wait for the development of exhibitions, not only the effect it will have on the jury, but the effect they have on the enemy. Expect more specific objections to determine whether the exhibition will be unfairlyPrejudice or misleading the jury.
Try demo has the ability to move people emotionally and to have a significant impact. And 'to ensure that while the evidence is effective, is not overly emphasize words or offensive to over-emphasize the human responses such as disgust, contempt or pity are. Council should also ensure that the exhibition may mislead the jury.
For example, if you can deceive a jury found in ShowGladhill see General Motors Corp., 743 F.2d 1049 (4th Cir. 1984). In this case, the court allowed the videotape of a demonstration defense of braking behavior of a 1980 Chevrolet Citation. Unfortunately, the incident occurred at night acting on a steep downhill curve, and the demonstration was made at the time of the day on level ground and was carried out by a test expert. On appeal, the defense argued that the videotape is not a reconstruction of the accident, but was "aDemonstration of specific operating conditions of the vehicle in question. "The appellate court disagreed, but the feeling that the testimony was misleading, because the quote on a wide open road in a straight line with a test drive expert was shown the place, circumstances, and in fact they were relevant in each case.
B. Claims typical
Objections typical demonstration trials usually include: the lack of foundation and the lack of relevance orunreasonably affected.
In addition to these general objections, the attack on demonstration trials on a topic are made based foundation. An example would be a digital representation of a test can be attacked as the basic results, or that the information is unreliable, or that there is sufficient chain of custody, or that the results are presented itself inaccurate.
Reasons V. for the use of visual presentations / demonstrations
In this age of video games, television andMovies we have to consider that we are all learning media. Numerous researchers, consultants and other judges have to learn the effects of visual presentation and our ability to investigate. This remarkable paper Marino and Mayer, visual presentations in the Multimedia Learning: Conditions that overload visual working memory is the University of California, reports the Institute of Psychology, the visual representation in connection with the auditory presentation effective for the storyLearning. Everyone has the ability to store information. However, studies such as these demonstrate that the memory can be overloaded by things like the visual representation in connection with a visual text. The most effective method of learning seems to combine visual information with auditory information, sequencing of the two together.
This type of presentation is perfect for study and environmental mediation. In a mediation, the attorney or presentations using visual storytellerCharts, diagrams and pictures to make points in their explanations. At trial, the normal method of question and answer listen to the evidence, in conjunction with the visual presentation and explaining is an effective means to educate the jury.
For more information and ideas on the representation of visual information, please read E. Tufte, Visual Explanations, Images and quantities, evidence and narrative. Another source is more oriented to lawyers S. Hamlin, whatMakes Juries Listen Today.
VI. Common Mistakes in preparation Exhibit
Each visual representation will promote to some idea or concept. Unfortunately, unless the question is clear and easy to read, will not be effective.
Errors are frequent problems with the color and contrast. The following are some tips for preparing for exhibitions. Blue text on a black background and similar color schemes are difficult to read because of the lack of contrast. Other color combinationssuch as blue and red can lead to illusions, when positioned in close proximity. Yellow, which is a very powerful color for presentations, tends to disappear on a white or clear.
Show preparation, you should always consider the practical problems, such as the color contrast are listed above. There is also an event called "simultaneous contrast", which happens when the contrasting colors are placed near each other note. The text seems to vibrateor a shadow. The eye strain and fatigue will be increased by the use of strongly contrasting colors, and should be avoided as much as possible.
VII sequence of colors
The colors on the emotions and intellectual guidance to the color of '"action" appropriate. Typically, cool, humble, rich colors like blue are "passive" and are usually associated with quality. They are warm, highly saturated colors such as red, which is commonly referred to as "active" and associated with poor results.
A goodExample would be a statement / warning is manual. Warnings when it is associated with death or serious injury are usually presented with a red icon or dark orange.
Since people are accustomed to this union, as the use of colors in the sequence will enter into force when there is no evidence.
VIII Colorblind
Color is important for the effective use of exhibits. It should be noted that a certain proportion of the population is color blind. Men generally have moreProblems than women. About 8% of Caucasian males, 5% of Asian men and 3% of other males with some degree of colorblindness affected. Usually able to detect these people, only two or three primary colors.
While you can not take into account all the individual problems is a way to solve the problem of color, to include some questions on voir dire, if findings are based on visual cues to make your case. You can color deficiency in the design process to compensate. Colorblindtend to vary the color combinations more problems than they are real. One way to account for this is text with color, contrast, color but not closely associated with stress. So, do not change from red to orange-red, orange, but the transition from blue to white to yellow or black. Color transitions also associated with an icon is an effective way to present an exhibition for people with a certain lack of color.
IX. Cost of presentationTest
A. Balance
Always obliging when a new case is a good idea to have a budget. If you are considering the presentation of the exhibition, a good idea of what you can afford in advance is essential. It 'very easy to spend large sums of money during the preparation of exhibitions. Each case has a lot of money that can be legitimately justified to spend on the cost of shows. Depending on the size of the case, you can affect your budget as you didPresentation.
In general, the cost of the exhibits are divided into cost of creating the exhibition and the cost for the presentation of the exhibition. In our practice we have found that investing in equipment that allows us to source some of the preparation and submission of exhibits to us, exhibition costs, which could otherwise out of reach for the special case that can create. Some suggestions are as follows:
1 videocassette own statements. MoreProfessionals already have a video camera and a VCR or DVD player to come forward with evidence tape or other video capture.
2 can use a digital camera or a camera attached to a film scanner to produce a computer and color printer page size photo exhibits fairly high quality, which can then be submitted to the jury. The same images can be sent through your TV, projector or LCD monitor in the classroom as a means of alternative presentation.
3 Numerous exhibitions, which are textis based, is added with the color, can be easily prepared on a common software already in most computers. For example, word processing programs like Microsoft Word and Word Perfect to produce the size of the page shows the jury instructions, flow charts, and Yes / No tables. These findings may be printed, enlarged and / or mounted to an external provider as a company or occupational exposure of service.
4 Our society can not edit our own videos, software, butis to facilitate the video processing on a personal computer. If you are computer savvy or willing to learn, this could also reduce costs significantly.
B. Advantages and disadvantages of the methods of presentation
Tables: a core of his attention, but it can be annoying if the court is too small, several maps can be difficult to manage.
TV: easy to use, not capable of handling multimedia or PowerPoint, jurors can not project can be seen easily, and often distorted images and colors
Monitor data: high-quality images needed to use the software, combined with higher costs, requires qualified AV Installation
Multi-Monitors: everyone can see clearly shown the court may try too small to handle multiple monitors necessary, qualified AV Installation
LCD projectors: it reduces the equipment in the classroom, to be perfectly positioned, so that everyone can see, has significantly improved the quality, the images are brighter and clearer and can be enlarged
VCR: easy to use, it has immediate access tobe pre-processed form of clips, only a four-head VCR pause and display a clear image
Visual Presenter (ELMO) can do everything that fits on the basis of the display, the documents must be presented as a page and a half to be readable, like a small camera
Trial Software: instant access to all documents, evidence, demonstration videos, and requires extensive pre-trial detention work, technical experts and logistically able to court.
PowerPoint presentation or software: slide shows, a linearand make simple changes you can image, bad way to manage documents, merge, used most effectively for the slides or bullet-point summary
Interactive software: a flexible tool to create non-linear presentation, you must check in advance and complete.
QuickTime VR: The audience can see only one, the area of the site or object, does not work in environments that are constantly changing
There are pros and cons of each presentation medium, and the inputs that you use to present it. OurExperience has shown that the cards and the simplest and most reliable evidence. Unfortunately, in most cases, the cards can be managed very expensive and cumbersome. Our solution to this problem is dependent. In a case where the biggest cost may be justified, we put on board as the primary method of using visual persuasion in the use court. We have invested, but the use in an ELMO presenter, had TVs and other devices into a single ELMO visual presenterintegrated with a video recorder and sometimes a laptop. This allows the flexibility of small exhibitions visual preparation, you can put on the ELMO and presented on the screen, to significantly reduce the cost of preparation of the exhibition, thus reducing the overall cost of supporting documents.
The cost of a helmet should be considered, but not outside the reach of most business law, including professionals. If you feel should be complaints, as you change your mindpossible investments. Our company has been able to purchase an ELMO presenter with the equipment necessary for the signal from the VCR, laptop computer, and distribute all television sets for less than $ 4,000.00. With the help of an assistant in the classroom, this system greatly reduces the cost of presenting evidence.
We found that upon presentation of evidence, recordings and television work best in most settings. We take cases throughout the state of Missouri, and then there are many differentClassroom challenges when trying to plan the presentation of evidence. LCD projectors and monitors are wonderful tools, but the lighting in many courtrooms often their use. We also found that the TVs are inexpensive to use, familiar to jurors, and are easily replaceable if damaged.
Our company has several software packages such as Sanction II, PowerPoint presentations e. Our experience has shown that a Power Point presentation and very useful for mediationThe presentations are not flexible enough for use in the classroom. These programs can be effectively used to open or close, but in general are too many limiting factors. Presentation Software testing offers many useful functions. Our experience has been that there are such wide-ranging pre-trial detention exceeded labor cost savings through labor needed to insert all the necessary data. In addition, technical difficulties we have experienced with presentations requestedWe use alternative methods to present the evidence in the last minute. Our suggestion is that if you extended skills (not) or professional support staff, have limited the use of such software.
X Exhibitions
A. Photo Exhibition - Charts / Models
Bearing has a way of presenting the evidence in a visually appealing way that helps to clarify information. In our personal injury practice, we often use anatomical models. In the hands of an expert, theseare great learning tools and visual aids to help the jury to clearly understand the anatomy and injuries involved. The appeal of these models is that they generally inexpensive, can be reused, and therefore are convenient as well. With articles such as medical records are also effective for the same reasons. Charts can be purchased via the Internet or as part of a complete library. A number of services to produce graphs of the whole human body and is worth a few hundred dollars. MoreWord processing programs like Microsoft Word or WordPerfect may be used to change these images if they are on a diskette or CD-ROM. This allows a degree of customization of diagrams.
B. In-house Exhibitions
On show house can be of high quality and very inexpensive. Common word processing software such as Microsoft Word and WordPerfect can be used in order to make effective exhibitions, and when combined with color embedded images. Programs such as Powerpoint presentations and canalso used to add points or arrows and diagrams, which can then be printed on a color printer. These findings may be passed or presented to the jury on an enlarged board or displayed electronically.
C. Custom Made shows
Find custom made exhibitions usually the best and are always more expensive. In most cases, rely largely on measure display panels. When these findings are mounted on gator and high-quality prints of large sizesLarge format printers are very expensive. However, the cost of an outside consultant to prepare exhibitions and reduce electronically. They can then be presented with a laptop computer through a multimedia presentation. We have noticed, this can save up to 40% discount on the price of preparing custom shows. We also found it more convenient to buy a pair custom made and also exhibits of any third party to prepare our in-house exhibitions, professional-lookingTables in large cases.
We hope that there are some ideas or suggestions in this document and the presentation that you will find useful in your practice. Good luck with your case.
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