(originally appeared as an article in The Advocate, May 2000)
Technology and the Jury
Technology and visuals in the courtroom are essential because of the way jurors
now perceive the legal system and how they have come to absorb information.
Through televised events such as the O.J. Simpson trial and countless "real
life" courtroom and legal programs like "Court TV," jurors have come to expect
well-produced professional presentations–the kind they see weekly on their
favorite television stations.
We have become a visual society. Jurors, like the rest of us, process the
information they receive primarily through sight. With visual electronic
information sources (i.e., the Internet, television) dominating our daily
lives, the need for visual presentations in court is becoming even greater.
Technology and Graphic Use Throughout Trial
Using multimedia technology during the case-in-chief portion of trial allows
jurors to view and follow supporting documents while the lawyers present
their case. Lawyers should consider mixing the video presentation with static
charts and graphs to keep the jurors’ interest level high. During opening
statements, however, simple trial boards can have a stronger effect. The
"special effects" of a multimedia presentation can be dazzling but overwhelming
at the outset of trial. The message can be easily lost and eventually do
more harm than good. Unlike computer-generated
information that disappears as soon as the computer screen is turned off,
static charts, graphs and timelines can remain on display in front of the jury
for as long as the judge allows. The same holds true during closing. Simple
boards that highlight the strongest points in the case can be much more
memorable at closing than a video presentation.
With so many presentation tools and options at the trial attorney’s disposal, it
is easy to see how trial preparation can become overwhelming. It doesn’t have
to be that way. Trial attorneys, much like directors on a movie set, should
focus on the big picture and oversee the action, not try to micro manage the
computer-generated presentations. Finding competent, experienced technicians
and artists will take a tremendous burden off the attorney’s shoulders and
allow full concentration on preparing for trial.
No matter how much sophisticated equipment is used during trial, ultimately the
only issue that matters is how the story plays before the audience (in this
case, the judge and jury). As with a movie director, the success or failure of
the presentation rests with the lead attorney. The tens of millions of dollars
that were spent on computer special effects on "Titanic" were used effectively
in the context of the human tragedy that unfolded on screen. The millions of
dollars for special effects spent on the lifeless "Waterworld" was money down
the drain. Lawyers must remember that human interest stories are what keep the
jurors’ attention and a slick media presentation won’t mask a weak case.
One thing is certain: we can never go back to the days when jurors were
satisfied with receiving information through only verbal communication, just as
we can never go back to black and white television sets and 286 PCs. Regardless
of how sophisticated the presentation techniques, jurors must still feel that
the lawyers have provided them with impartial information that will allow them
to render a decision.
Rick Kraemer founded Executive Presentations in 1986. He holds a Master's Degree
in Business and Economics.
Naomi Jayne Musnicki is a graphic artist at Executive Presentations and has
worked in litigation design and consulting for over five years, holding degrees
in both computer graphics and history.
