FISH OUT OF WATER - A BRIEF OVERVIEW OF SOCIAL AND PSYCHOLOGICAL CONCERNS ABOUT VIDEOTAPED TRIALS

• NCJ Number: 27826
• Journal: Hastings Law Journal Volume: 26 Issue: 4 Dated: (FEBRUARY 1975) Pages: 999-1011
• Author(s): G BERMANT; M D JACOUBOVITCH
• Date Published: 1975
• Length: 13 pages
• Corporate Author: University of California
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE ADOPTION OF VIDEOTAPE TECHNOLOGY MAY AFFECT THE TRIAL PROCESS AS WELL AS THE SOCIALIZATION FUNCTION OF THE COURTS IN WAYS WHICH HAVE NOT YET BEEN CONSIDERED.

Abstract

USE OF PRERECORDED VIDEOTAPE TRIAL PRESENTATIONS (PRVTT) MAY SERVE AN EDITORIAL PURPOSE, BY FORCING THE JURY TO VIEW WHICHEVER SCENE THE CAMERAMAN DEEMED IMPORTANT AT A GIVEN INSTANT. ADMINISTRATIVE AND TECHNICAL ADVANTAGES MUST BE WEIGHED AGAINST SUCH FACTORS AS PUBLIC ATTITUDES TOWARD THE COURTS, SO THAT EVEN IF THE COURT BELIEVES PRVTT TO HAVE NO PREJUDICIAL EFFECT ON JURORS DECISIONS, ITS VALUE MIGHT BE OFFSET IF THE PUBLIC VIEWED USE OF PRVTT REFLECTED INCREASED IMPERSONALIZATION OF THE COURTS. THE AUTHORS ALSO REFER TO THE POSSIBLE LOSS OF 'METACOMMUNICATIONS' - NON-VERBAL COMMUNICATIONS, RELAYED THROUGH SUBTLE INDICATIONS OF TONE, ACTIONS, OR DEMEANOR. THE AUTHOR EMPHASIZE THE NEED FOR RESEARCH AND DEVELOPMENT OF PRVTT PRIOR TO ITS LARGE-SCALE IMPLEMENTATION.