{"title":"视觉证据","authors":"Ronald G. Musto","doi":"10.4324/9781315196558-6","DOIUrl":null,"url":null,"abstract":"photographs, drawings, maps, and models, has long been used in court to illustrate the oral testimony of eyewitnesses and experts (Mnookin, 1998).1 It has become increasingly prevalent in recent years, in large part because digital technology has made it easier to record or, in the case of computer animations, to recreate legally relevant reality visually (Feigenson & Spiesel, 2009). A dashboard camera video, for instance, provided the dispositive evidence in a recent Supreme Court decision on the police’s authority to use deadly force to terminate a car chase (Scott v. Harris, 2007),2 and a cell phone video will be critical should a lawsuit brought against a New York City police officer for assaulting a bicyclist proceed to trial (Weichselbaum, 2009).3 Although there have been efforts to document courtroom technology generally (e.g., Center for Legal and Court Technology, 2007) and to instruct judges and lawyers in its use (e.g., Federal Judicial Center/National Institute for Trial Advocacy, 2001), there have been relatively few experimental studies of the effects of visual and multimedia evidence in legal settings. As a consequence, little is known about when and how this kind of evidence affects legal decision making. A better understanding should be not only of intrinsic interest to cognitive psychologists but also extremely useful to the legal system, helping policy makers and judges to regulate the use of such evidence more wisely and informing advocates as they decide when and how to present it.","PeriodicalId":135920,"journal":{"name":"Writing Southern Italy Before the Renaissance","volume":"78 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2018-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Visual Evidence\",\"authors\":\"Ronald G. Musto\",\"doi\":\"10.4324/9781315196558-6\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"photographs, drawings, maps, and models, has long been used in court to illustrate the oral testimony of eyewitnesses and experts (Mnookin, 1998).1 It has become increasingly prevalent in recent years, in large part because digital technology has made it easier to record or, in the case of computer animations, to recreate legally relevant reality visually (Feigenson & Spiesel, 2009). A dashboard camera video, for instance, provided the dispositive evidence in a recent Supreme Court decision on the police’s authority to use deadly force to terminate a car chase (Scott v. Harris, 2007),2 and a cell phone video will be critical should a lawsuit brought against a New York City police officer for assaulting a bicyclist proceed to trial (Weichselbaum, 2009).3 Although there have been efforts to document courtroom technology generally (e.g., Center for Legal and Court Technology, 2007) and to instruct judges and lawyers in its use (e.g., Federal Judicial Center/National Institute for Trial Advocacy, 2001), there have been relatively few experimental studies of the effects of visual and multimedia evidence in legal settings. As a consequence, little is known about when and how this kind of evidence affects legal decision making. A better understanding should be not only of intrinsic interest to cognitive psychologists but also extremely useful to the legal system, helping policy makers and judges to regulate the use of such evidence more wisely and informing advocates as they decide when and how to present it.\",\"PeriodicalId\":135920,\"journal\":{\"name\":\"Writing Southern Italy Before the Renaissance\",\"volume\":\"78 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2018-12-07\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Writing Southern Italy Before the Renaissance\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.4324/9781315196558-6\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Writing Southern Italy Before the Renaissance","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.4324/9781315196558-6","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
照片、图画、地图和模型长期以来一直在法庭上用来说明目击者和专家的口头证词(Mnookin, 1998)近年来,它变得越来越普遍,在很大程度上是因为数字技术使得它更容易记录,或者在计算机动画的情况下,视觉上重建合法相关的现实(Feigenson & Spiesel, 2009)。例如,在最近最高法院关于警察有权使用致命武力终止汽车追击(Scott v. Harris, 2007)的判决中,仪表盘摄像头的视频提供了决定性的证据,如果针对纽约市警察袭击骑自行车者的诉讼进入审判阶段,手机视频将是至关重要的(Weichselbaum, 2009)尽管人们一直在努力记录法庭技术(例如,法律和法庭技术中心,2007年),并指导法官和律师如何使用法庭技术(例如,联邦司法中心/国家审判辩护研究所,2001年),但关于视觉和多媒体证据在法律环境中的效果的实验研究相对较少。因此,人们对这类证据何时以及如何影响法律决策知之甚少。更好的理解不仅对认知心理学家有内在的兴趣,而且对法律体系也非常有用,可以帮助政策制定者和法官更明智地规范这些证据的使用,并在决定何时以及如何提出证据时为辩护人提供信息。
photographs, drawings, maps, and models, has long been used in court to illustrate the oral testimony of eyewitnesses and experts (Mnookin, 1998).1 It has become increasingly prevalent in recent years, in large part because digital technology has made it easier to record or, in the case of computer animations, to recreate legally relevant reality visually (Feigenson & Spiesel, 2009). A dashboard camera video, for instance, provided the dispositive evidence in a recent Supreme Court decision on the police’s authority to use deadly force to terminate a car chase (Scott v. Harris, 2007),2 and a cell phone video will be critical should a lawsuit brought against a New York City police officer for assaulting a bicyclist proceed to trial (Weichselbaum, 2009).3 Although there have been efforts to document courtroom technology generally (e.g., Center for Legal and Court Technology, 2007) and to instruct judges and lawyers in its use (e.g., Federal Judicial Center/National Institute for Trial Advocacy, 2001), there have been relatively few experimental studies of the effects of visual and multimedia evidence in legal settings. As a consequence, little is known about when and how this kind of evidence affects legal decision making. A better understanding should be not only of intrinsic interest to cognitive psychologists but also extremely useful to the legal system, helping policy makers and judges to regulate the use of such evidence more wisely and informing advocates as they decide when and how to present it.