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The Physical Setup
Maxim Counselor presenting video evidence should never operate video display equipment in the courtroom. Such behavior is a distraction from oral presentation. A video technician should operate video equipment and display images at the direction of counsel, see below -Court Room Video Environment-The Physical SetUp. Justification Oral arguments/discussion in the courtroom can last longer than two minutes while one image is being viewed. VCR’s automatically stop after two minutes on pause; the monitor display goes blank. A video technician operating appropriate video equipment, using a jog/shuttle VCR can move the video tape – jog a small amount with no disturbance to the displayed image and prevent automatic stop – blank screen – after two minutes. Thus, discussion can continue for more than two minutes regarding one image with no disturbance. Strategy Basic Concept - A Specific Case The video of activity at the hotel entrance needs to be easy to comprehend. Viewing the video at normal speeds (30 frames per second) just once will convey minimal information. Understanding of the activity in and about the hotel entrance can be achieved by viewing the video in the following fashions: View 1 Raw Data: 30 times per second – normal
speed
As each of these views is presented with oral explanation by counsel, with or without the assistance of an expert witness (in the field of Forensic Video Image Analysis), the activity in and about the hotel entrance is more fully comprehended. Each fashion of viewing the data leads to further comprehension of the information content therein. Contrary Opinion On the contrary, excessive viewing of the same video may be counter productive. The jury may be become bored or confused. Presenting Counsel needs to determine optimal strategy. Justification of Each Viewing Fashion View 1 Raw Data represents the actual incident scene evidence and sets the stage for viewing subsequent image. View 2 Raw Data slowed down and intensity adjusted aids in comprehending activity in the hotel entrance using a jog/shuttle VCR with a time base correction unit, displayed on a 32" or larger monitor. The VCR tape can be played forward and reverse in order that the information, which in View 1 may be completely missed, may be comprehended. View 3 Enhanced view of processed images makes the images in View 2 easier to understand. As enhancement, enlargement, and resolution sharpening with intensity adjustment, leads to further comprehension. View 3 is presented as in View 2, medium speed, slow speed, back and forth about the areas of interest. By this time, the viewer has the best comprehension of the information content in the incident scene VCR tape. Opposing Counsel Objection Opposing Counsel and/or the Court may object to the various views of essentially the same video information. The grounds for their objection may be "repetitive presentation of the same evidence" which is inadmissible and a waste of the courts time. Rebuttal Argument Each view of the data allows a further understanding of the motion in the hotel entrance. Each view has a corresponding justification. The court may not deny the jury as full and complete an opportunity for comprehension as possible. Denial would be prejudicial. Court
Room Video Environment
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