NCJ Number
64347
Date Published
1974
Length
60 pages
Annotation
EVALUATION OF THE FEASIBILITY AND DESIRABILITY OF USING VIDEOTAPE IN THE LITIGATION PROCESS IS REPORTED. RECOMMENDATIONS FOR VIDEOTAPE UTILIZATION ARE MADE IN THE FORM OF AMENDMENTS TO RULES AND STATUTES.
Abstract
IN GENERAL, THE POTENTIAL APPLICATION OF AUDIOVISUAL TAPE RECORDING AND CLOSED CIRCUIT TELEVISION WAS FOUND TO BE EXTENSIVE. HOWEVER, THE USE OF VIDEOTAPE SHOULD NOT BE MANDATORY AT THIS TIME. AMONG THE NUMEROUS APPLICATIONS OF VIDEO TECHNOLOGY IN COURT IS THE RECORDING OF EVIDENCE FOR DISPLAY TO THE TRIER OF FACT. CRIME SCENES, INTOXICATION TESTS, CONFESSIONS, IDENTIFICATION PARADES, AND COMPLEX EXPERIMENTS COULD BE DOCUMENTED IN THIS WAY. MOREOVER, EVIDENCE COULD BE RECORDED FOR PRESENTATION AT TRIAL AND TO THE JURY. TRIAL PROCEEDINGS COULD BE RECORDED FOR USE ON APPEALS OR AS EDUCATIONAL MATERIAL, OR COULD BE VIEWED BY UNRULY DEFENDANTS AFTER REMOVAL FROM THE COURTROOM. SIMILARLY, UNRULY SPECTATORS AND MEDIA REPRESENTATIVES COULD ALSO VIEW TRIALS. TELEPHONE CABLE AND MICROWAVE TRANSMISSIONS COULD PRESENT AND PRESERVE TESTIMONY OF DISTANT WITNESSES AND OTHER TYPES OF PARTICIPANTS WITHOUT THEIR PHYSICAL PRESENCE. ALTOGETHER, 22 DIFFERENT SPECIFIC RECOMMENDATIONS ARE MADE FOR ADAPTING THIS TYPE OF TECHNOLOGY TO COURTROOM USE. FURTHERMORE, PRACTICAL PROBLEMS INVOLVED IN THIS ADAPTATION PROCESS ARE ADDRESSED, INCLUDING CONSTITUTIONAL IMPLICATIONS OF RECORDING EVIDENCE DEPOSITIONS, AND CONCERNS INVOLVING EDITING, STORAGE, AND REPLAY. OTHER PRACTICAL ISSUES RAISED INVOLVE EQUIPMENT STANDARDS, OWNERSHIP OF EQUIPMENT, AND OPERATING PERSONNEL. FINALLY THE DECISIONMAKING RESPONSIBILITY CONCERNING WHAT SHOULD BE RECORDED IS DISCUSSED. ATTACHMENTS CONTAIN PROPOSED COURT RULE REVISIONS. (MRK)