PrepTest 49, Section 4, Question 3

The use of computer-generated visual displays in courtrooms is growing as awareness of their ability to recreate crime scenes spreads. Displays currently in use range from still pictures in series that mimic simple movement to sophisticated simulations based on complex applications of rules of physics and mathematics. By making it possible to slow or stop action, to vary visual perspectives according to witnesses' vantage points, or to highlight or enlarge images, computer displays provide litigators with tremendous explanatory advantages. Soon, litigators may even have available graphic systems capable of simulating three dimensions, thus creating the illusion that viewers are at the scene of a crime or accident, directly experiencing its occurrence. The advantages of computer-generated displays derive from the greater psychological impact they have on juries as compared to purely verbal presentations; studies show that people generally retain about 85 percent of visual information but only 10 percent of aural information. This is especially valuable in complex or technical trials, where juror interest and comprehension are generally low. In addition, computers also allow litigators to integrate graphic aids seamlessly into their presentations.

Despite these benefits, however, some critics are urging caution in the use of these displays, pointing to a concomitant potential for abuse or unintentional misuse, such as the unfair manipulation of a juror's impression of an event. These critics argue further that the persuasive and richly communicative nature of the displays can mesmerize jurors and cause them to relax their normal critical faculties. This potential for distortion is compounded when one side in a trial does not use the technology—often because of the considerable expense involved—leaving the jury susceptible to prejudice in favor of the side employing computer displays. And aside from the risk of intentional manipulation of images or deceitful use of capacities such as stop-action and highlighting, there is also the possibility that computer displays can be inherently misleading. As an amalgamation of data collection, judgment, and speculation, the displays may in some instances constitute evidence unsuitable for use in a trial.

To avoid misuse of this technology in the courtroom, practical steps must be taken. First, counsel must be alert to the ever-present danger of its misuse; diligent analyses of the data that form the basis for computer displays should be routinely performed and disclosed. Judges, who have the discretion to disallow displays that might unfairly prejudice one side, must also be vigilant in assessing the displays they do allow. Similarly, judges should forewarn jurors of the potentially biased nature of computer-generated evidence. Finally, steps should be taken to ensure that if one side utilizes computer technology, the opposing side will also have access to it. Granting financial aid in these circumstances would help create a more equitable legal arena in this respect.

The use of computer-generated visual displays in courtrooms is growing as awareness of their ability to recreate crime scenes spreads. Displays currently in use range from still pictures in series that mimic simple movement to sophisticated simulations based on complex applications of rules of physics and mathematics. By making it possible to slow or stop action, to vary visual perspectives according to witnesses' vantage points, or to highlight or enlarge images, computer displays provide litigators with tremendous explanatory advantages. Soon, litigators may even have available graphic systems capable of simulating three dimensions, thus creating the illusion that viewers are at the scene of a crime or accident, directly experiencing its occurrence. The advantages of computer-generated displays derive from the greater psychological impact they have on juries as compared to purely verbal presentations; studies show that people generally retain about 85 percent of visual information but only 10 percent of aural information. This is especially valuable in complex or technical trials, where juror interest and comprehension are generally low. In addition, computers also allow litigators to integrate graphic aids seamlessly into their presentations.

Despite these benefits, however, some critics are urging caution in the use of these displays, pointing to a concomitant potential for abuse or unintentional misuse, such as the unfair manipulation of a juror's impression of an event. These critics argue further that the persuasive and richly communicative nature of the displays can mesmerize jurors and cause them to relax their normal critical faculties. This potential for distortion is compounded when one side in a trial does not use the technology—often because of the considerable expense involved—leaving the jury susceptible to prejudice in favor of the side employing computer displays. And aside from the risk of intentional manipulation of images or deceitful use of capacities such as stop-action and highlighting, there is also the possibility that computer displays can be inherently misleading. As an amalgamation of data collection, judgment, and speculation, the displays may in some instances constitute evidence unsuitable for use in a trial.

To avoid misuse of this technology in the courtroom, practical steps must be taken. First, counsel must be alert to the ever-present danger of its misuse; diligent analyses of the data that form the basis for computer displays should be routinely performed and disclosed. Judges, who have the discretion to disallow displays that might unfairly prejudice one side, must also be vigilant in assessing the displays they do allow. Similarly, judges should forewarn jurors of the potentially biased nature of computer-generated evidence. Finally, steps should be taken to ensure that if one side utilizes computer technology, the opposing side will also have access to it. Granting financial aid in these circumstances would help create a more equitable legal arena in this respect.