An Assessment of Videotape in the Criminal Courts

Authors

Ernest H. Short
B. Thomas Florence
Mary Alice Marsh

Abstract

Summary of Contents

I. Introduction

A. A brief history of television and videotape in the justice system

B. Recent studies of videotape technology in the justice system

C. Overview of the goals and methodology of the present study

II. The Videotape System

A. The recording environment

1. Lighting

2. Spatial arrangement

3. Participant mobility

4. Acoustics

5. Electrical power

B. Production techniques

1. Video source location

2. Audio source location

3. Picture composition

a. Zooms

b. Varying video sources

c. Special effects

C. Alternative equipment combinations

1. System 1 : the single camera

2. System 2: the single camera with auxiliary components

3. System 3: multiple cameras

4. System 4: multiple cameras with auxiliary components

D. Recommended uses of the various videotape systems

1. In-court applications

2. Out-of-court applications

a. Lineups

b. Confessions

c. Sobriety tests

d. Out-of-court witness testimony

E. Special considerations

1. Handling and storage

2. Video v. human perception

III. Psychological and Behavioral Impacts of Videotape

A. Study design and methodology

1. Data collection

2. Sampling

3. Survey procedures

4. Data analysis

B. Results of the psychological and behavioral impact studies

1. The effects of videotape on witnesses

a. Witness discomfort and stress

b. Witness decisiveness

c. Witness attitudes and willingness to serve as a witness in the future

2. The effects of videotape on legal participants and court- room decorum

a. The style of attorney presentation

b. Frequency of attorney objections

c. Attorney preparation

d. Structure and formality of courtroom interaction

C. Discussion and general observations

IV. Procedural, Administrative, Constitutional, and Financial Considerations of Videotape in the Judicial System

A. Procedural considerations

B. Administrative considerations

C. Constitutional considerations

1. Right to confrontation

2. Right to effective assistance of counsel

3. Right to counsel

4. Privilege against self-incrimination

5. Due process

a. Production techniques

b. Notice to the defendant

D. Financial considerations and recording costs

1. Videotape services by commercial contract

2. In-house videotape system

a. Costs of an in-house single-camera system

b. Costs of an in-house multicamera system

3. Commercial v. in-house costs

V. Recommendations and Conclusions

A. Projected long-range effects of videotape in the justice system

B. Recommendations

C. Conclusions

Rights

© 1975 J. Reuben Clark Law School

Recommended Citation

Ernest H. Short, B. Thomas Florence, and Mary Alice Marsh, An Assessment of Videotape in the Criminal Courts, 1975 BYU L. Rev. 423 (1975).
Available at: https://digitalcommons.law.byu.edu/lawreview/vol1975/iss2/4