II. Visual Presenters
Visual presenters are
electronic devices that combine a video camera with projection
equipment. They are indispensable tools for juries, and even
mechanically dysfunctional attorneys find them easy to use.
Typically, three pieces of
electronic equipment are required to use a visual presenter in
court: the visual presenter, a video monitor, and a videotape
or compact disc recorder. (Multi-task computers, able to
process compact discs (CDs) or digital video discs (DVDs), are
preferred in place of single-use recorders.) Support companies
specializing in electronic courtroom assistance can pre-wire
the courtroom and be available for technical assistance
throughout the trial, if necessary. The equipment can be
rented or purchased. If you purchase the courtroom equipment,
it will pay for itself if you use it frequently.
When electronic courtroom
technology was new, many lawyers refused to use it at trial
because they wanted to avoid common glitches that caused
irritating disruptions. Such concerns are virtually
nonexistent with visual presenters because a visual presenter
is nothing more than a video camera connected to a monitor. It
is better than an overhead projector because the jury sees the
actual exhibit - not a transparency.
As the witness testifies and
examines a document, the admitted exhibit is placed on the
visual presenter and is projected to the jury. The jury sees
the exhibit at the same time the witness sees it.
If the exhibit is a photograph,
you can save a significant amount of money by avoiding
expensive reproductions. For example, if the video monitor has
a 64-inch screen, the jury sees a 64-inch projection of the
photograph. If the courtroom has a large white wall available
to use as a "screen," the images will be even larger. The
witness, the questioning lawyer, the jury, and the judge can
all see the exhibit at the same time. That is a significant
improvement over the old methods of presenting evidence.
It is a simple matter to
pre-wire the courtroom, and it should be managed by technical
people. You must receive prior approval from the court and
make sure that the wires and cables are properly positioned so
they do not create distractions. You can typically receive
court approval by discussing it with the court just prior to
trial.
This writer has never had a
court refuse to allow the use of a visual presenter. Juror
reaction has been universal: seeing exhibits while witnesses
explain their significance is extremely helpful to the juror
in understanding and, more importantly, in retaining the
testimony.
III. Computers, CDs and DVDs
Another significant development
in courtroom technology is the use of computers, CDs, and
DVDs. This technology is helpful in effectively presenting
evidence, especially in cases with numerous exhibits.
Scanning devices, which
transform boxes of documents into easily retrievable
computer-stored exhibits, dramatically lessen the potential
for trial confusion. Such a system allows trial lawyers nearly
instantaneous location and display of exhibits. Exhibits can
be “burned” on to a CD and conveniently stored in a tray on
the counsel table. If you need an exhibit, you can quickly
retrieve it, show it to the jury, and replay it at any time.
It is similar to locating a favorite piece of music on a
compact disc: press the correct track number on the hardware
and the music plays - almost immediately - through the audio
system.
While using such technology may
not be beneficial for cases with few documents, it is
extremely beneficial for long trials where the lawyers
themselves have trouble keeping up with all of the exhibits.
How does it work? Original
exhibits (such as documents and photographs) are scanned into
a computer that can be easily searched with key word queries.
To avoid the search process at trial, individual CDs can be
prepared beforehand for each day’s presentation. (The CDs are
similar to the compact discs typically used in home
entertainment systems.) When you need the exhibit at trial,
you merely click on the title of the document on your
computer, and the system retrieves the exhibit and projects it
onto the screen.
Computers and compact discs are
becoming the preferred method of storing exhibits because they
are easily used at trial. If the original document is needed,
it is also available and can be viewed by the jury during
deliberations.
Using a computer to manage and
organize exhibits is affordable and extremely helpful in
lengthy, complicated cases.
IV. Who Should Use Courtroom
Technology?
Visual presenters are not just
for the big cases, the big firms, or during lengthy trials.
Any time the jury needs to see and understand exhibits such as
documents, photographs, drawings, graphs, sketches, computer
printouts, a visual presenter can be an extremely helpful
trial tool.
In fact, renting a visual
presenter for a short trial that will include many
photographs, such as an automobile negligence case, could be
surprisingly cost effective. You should compare the cost of
preparing the photographic enlargements and blowups of key
deposition admissions with the cost of renting the electronic
system.
The visual presenter does not
replace the exhibit - it projects it onto the monitor
or screen. Jurors should still be able to examine the admitted
physical exhibit during deliberations. The use of a visual
presenter does not prevent the use of a photographic
enlargement if it is important, psychologically, for the jury
to have an enlarged exhibit to review during deliberations. It
is your decision whether to use enlargements as well.
When preparing your
presentation using electronic courtroom technology, you should
consider the following questions.
- Who selects and sets up the
equipment before trial? It is always best to get technical
guidance and assistance from competent people. Rental
companies and trial consultants provide both equipment
selection and technical support and assistance. They should
also set up the courtroom. They will make sure that the
system is properly tested, on-site, and every cable is
properly connected. Once that is accomplished, you will find
it easy to use the visual presenter at trial.
- Who operates the visual
presenter at trial? You should operate the visual presenter
whenever possible. It takes about 10 minutes for a
technically illiterate lawyer to learn how to use a visual
presenter. There is absolutely nothing sophisticated about
it. After a short practice session, the doubting lawyer will
realize that he or she can really use the visual presenter
at trial and will wonder what all the fuss was about.
- When should you use
computers and CDs? It really does not make sense to use such
tools in a small case with minimal documentary or
photographic exhibits. On the other hand, even if only a few
hundred exhibits are at issue, you should look at how the
case will be tried. If you use computers during trial, you
should store all the documents, drawings, graphs, and
photographs on disc. Such a system will allow you to
retrieve the relevant exhibit quickly and effortlessly. The
amount and use of exhibits are the most important issues to
evaluate when deciding whether to use a computer-based,
CD-retrieval system as trial support.
- Should you seek the help of
technical people? If computer technology make sense for a
case, use technical people to assist. Trial consultants with
electronic experience are invaluable. They know what a trial
lawyer needs, and they have the ability to translate those
needs into appropriate trial presentations. They will work
with you to put the presentation together and will teach you
what to do at trial. A short lesson on exhibit retrieval
will erase your fear of technical incompetence at trial.
Depending on the complexity of the presentation, technical
assistance at trial to handle any unexpected glitches also
makes sense. Frequently, legal assistants can fill that role
economically and efficiently. You just need to make sure
that the technical consultant properly trains the legal
assistant. The paralegal can calmly and appropriately deal
with typical system problems. These are the same legal
assistants who frequently oversee sophisticated computer
systems in law firms. Learning how to solve the minor
glitches that can occur with courtroom technology is just
one more job that they are capable of managing.
Courtroom technology has a
future in American trials. In fact, effective and proper use
of electronic support usually shortens trial. The general
public, our source of juries, is now used to seeing computers
on judges’ benches and counsel tables in televised trials. It
is fair to say that courtroom technology is not only here to
stay, it is here for lawyers to embrace and learn to use
without the constant worry of perceived technical
incompetence. Presenting
Evidence with Courtroom Technology
- by Carole D. Bos