NCJ Number
40781
Journal
Brigham Young University Law Review Volume: 1975 Issue: 2 Dated: (1975) Pages: 375-421
Date Published
1975
Length
47 pages
Annotation
THIS RESEARCH REFLECTS A CONCERN THAT LEGAL LITERATURE ON VIDEOTAPE IN THE COURTROOM DOES NOT CONSIDER THE POSSIBILITY THAT VIDEOTAPE PRESENTATIONS OF TESTIMONY MAY SUBSTANTIALLY AFFECT THE JURY'S DECISIONMAKING PROCESS.
Abstract
A BRIEF OVERVIEW OF THE POTENTIAL USES OF VIDEOTAPE IN THE RESOLUTION OF LEGAL DISPUTES IS FOLLOWED BY A REVIEW OF EARLIER RESEARCH ON MEDIA ALTERNATIVES TO THE LIVE TRIAL, INDICATING THAT THERE IS REASON TO BELIEVE THAT MEDIA PRESENTATIONS AFFECT JURORS DIFFERENTLY THAN LIVE PRESENTATIONS. RESEARCH PROMPTED BY THESE FINDINGS INVOLVED THE COMPARISON OF JUROR PERCEPTIONS AND AWARDS RESULTING FROM THE UNREHEARSED DIFFERENTIAL PRESENTATION OF TRIAL TESTIMONY FROM A PREVIOUSLY SETTLED CIVIL DISPUTE. THE TRIALS, EACH UTILIZING A DIFFERENT METHOD OF TRIAL PRESENTATION, WERE HELD ON FIVE SEPARATE EVENINGS OVER A PERIOD OF A WEEK AND A HALF. THE VARIOUS MEDIA PRESENTATIONS WERE ALL TAKEN FROM THE COLOR VIDEO RECORD OBTAINED DURING THE LIVE TRIAL REENACTMENT QUESTIONNAIRES WERE USED TO OBTAIN THE JURORS' PRE-DELIBERATION DOLLAR AWARD, THEIR RATINGS OF EACH OF THE TRIAL PARTICIPANTS, AND THEIR REACTIONS TO THE TRIAL PROCEDURE. IN GENERAL, IT WAS FOUND THAT ALL THREE ELECTRONIC METHODS OF PRESENTATION WERE SUPERIOR TO THE READ TRANSCRIPT METHOD IN THEIR ABILITY TO APPROXIMATE JUROR PERCEPTIONS OF LIVE TESTIMONY, THOUGH EACH OF THESE METHODS DEMONSTRATED UNIQUE ADVANTAGES AND DISADVANTAGES WHEN COMPARED TO THE OTHER TWO. RECOMMENDATIONS FOR FUTURE RESEARCH INCLUDE COMPARISONS OF DELIBERATED JURY VERDICTS AFTER LIVE AND MEDIA PRESENTATIONS OF THE SAME TRIAL TESTIMONY REPEATED OVER A NUMBER OF TRIALS USING SEVERAL WITNESS AND ATTORNEY TYPES. THE JUROR QUESTIONNAIRE IS APPENDED. ...ELW