Friday, October 20, 2006

Computers in Court

PEOPLE v. MCHUGH, 476 NYS.2d 721, 722 (Sup.Ct. 1984)

A computer is not a gimmick and the court should not be shy about its use, when proper. Computers are simply mechanical tools – receiving information and acting on instructions at lightning speed. When the results are useful, they should be accepted, when confusing, they should be rejected. What is important is that the presentation be relevant . . . that it fairly and accurately reflect the oral testimony offered and that it be an aid to the jury’s understanding of the issues in the case.); see also Hinkle v. City of Clarksburg, 81 F.3d 416, 424-25 (4th Cir. 1996) (Although there is a fine distinction between a recreation and an illustration, the practical distinction is the difference between a jury believing that they are seeing a recreation of the actual event and a jury understanding that they are seeing an illustration of someone else’s opinion about what happened. Knowing this there was no reason for the jury to credit the illustration more than they credit the underlying opinion.)

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