Courtroom re-enactment though forensic animation can be a
very effective tool in persuading a jury to decide in your client’s favour.
Technology is enhancing civil and criminal litigation, mediations, arbitrations
and case depositions in a rapid manner. One study by the National Centre for
State Courts has determined that 82 percent of trials using 3D modelling as
demonstrative evidence have led to victory.
How jurors perceive a witness, speaks directly to their
opinion of the witness’s character. One study by the ACTA Press stated, “A well
designed animation can influence a jurors' interpretation of the participant's
activities in terms of perceived aggression, curiosity, jealousy, fear,
provocation, relationships, roles and responsibilities, and guilt and
innocence.” Jurors will become more emotionally connected in the animation as
motion, texture, and lighting are rendered in more sophisticated ways.
How Animation can be used:
The development of computer forensic animation prior to
deposition will highlight where information and collaboration are required,
helping focus questions while eliciting complete information. By displaying 3D
modelling during question and answer sessions by asking, "Is this what
happened?" Animation will make the
facts clearer to the jury. Computer animation helps juries understand in
tangible terms what might otherwise remain an abstract concept. Computer
forensics and 3D modelling has been proven to be better than any other type of
demonstrative evidence according to a United States District Court Judge.
"I have noticed repeatedly that when a document is
displayed on the monitors, the jurors sit up and pay attention. Such attention
is far greater than that given to a document or situation which they cannot see
as it is being discussed by the attorney and the witness."
"As long as technology is beneficial in helping jurors
understand the facts and, more importantly, in expediting the trial, few judges
will oppose it."
United States District Judge Carl Rubin
Examples of use:
Imagine for a moment a lawyer asking a witness, “If the
truck was traveling at 50 miles per hour, and hit the side of the building in
this spot, what would happen to the truck?" Working with the right 3D
animator, the incident can be re-enacted with the true physics of force,
surface texture and speed applied to get an enhanced image of the
circumstances.
Demonstrating the intricate details of an accident scene,
whether portraying a medical procedure or forensic mechanism of injury, there
are virtually no limitations to what can be visualized using computer animation
coupled with scientific and statistical evidence.
• A vehicle traveling at X miles per hour vs. Y miles per
hour
• If a truck had veered ten feet sooner
• If a vat of chemicals had been placed here vs. there
• If the train operator had really seen or heard the signal
• If the substance was indeed harmless
Recently there was a trial where the plaintiff charged an
architect with improperly designing a bridge. The defendant hired a graphic
animation designer who took the blueprints, created a sketch drawing and built
the bridge with the computer. Then, with the assistance of an engineer, the
animator found that the bridge was designed properly. In fact, there had been
an accident concerning a car colliding with a support column, which was not
reported to the authorities until after the suit began. The animator then
re-created the truck accident to show the damage to the bridge and its
lingering effects.
Why Use Forensic Animation:
3D computer animations and images remain imbedded in the
mind of the viewer long after they are offered as demonstrative evidence. Accidents,
models, science or medial scenes, etc. are recreated to scale, through the use
of computer animation, from expert or police reports. These animations are both
visually presented to the jury. Statistics have shown people in general are
much more likely to retain visual information that auditory information such as
witness testimony.
A cardinal rule of persuasion or debate is to always show,
rather than tell someone what happened. By showing the jury your client’s
perspective, while the opposing side tells their client’s perspective, the jury
is much more likely to identify and believe the visual presentation, all things
being equal. As the old adage goes: a picture is worth a thousand words, and I
would submit if a picture is worth a thousand words, then an animation is worth
a settlement!
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