! Jury Expectations and Adult Learning! ! Admissibility of Demonstrative Evidence! ! Examples of Presenting Digital Evidence!
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1 Real and Demonstrative Evidence in! Child Abuse cases" CopyRight Slide" Robert Giles and Justin Fitzsimmons! Senior Attorney s! National District Attorneys Association s! National Center for Prosecution of Child Abuse! and This multimedia presentation contains the creative work of others and is used by permission, because of public domain, or under a claim of fair use pursuant to 17 USC 107. This presentation was prepared under CONFU guidelines. Further distribution or use is not permitted." Warning..." Agenda"! The following presentation contains graphic photos and videos of injuries to children!! Jury Expectations and Adult Learning!! Admissibility of Demonstrative Evidence!! Examples of Presenting Digital Evidence! Juror Perspectives" Do we need Real or demonstrative evidence IN Child Abuse Prosecutions?! Shelton, Kim and Barak A Study of Juror Expectations and Demands Concerning Evidence: Does the CSI Effect Exist?, 9 Vanderbilt J. of Entertainment and Tech. Law 2 (2006)!! 46% expected to see some kind of scientific evidence in every criminal case!! 22% expected DNA in every criminal case!! 73.4% expected DNA and Scientific evidence in every sexual assault case! 1!
2 JURORS PERCEPTIONS ON CHILD CREDIBILITY" Jury Expectations"! Regan and Baker, The Impact of Child Witness Demeanor on Perceived Credibility and Trial Outcome in Sexual Abuse Cases Journal of 13 Family Violence 2, 1998!! 81% -- Crying!! 67% -- Fear!! 43% -- Confusion!! 30% -- Anger! How do We Learn?" How do We Remember?"! Educational and Psychological Studies Show:!! 83% of human learning occurs visual!! 11% through hearing!! 3.5% through smell!! 1% through taste!! Studies show after 3 days people retain!! 10% of what they hear!! 35% of what they see!! 65% of what they see and hear!! 1.5% through touch! Presenting Effective Presentations with Visual Aids, U.S. Dept. of Labor, (May 1996)! Presenting Effective Presentations with Visual Aids, U.S. Dept. of Labor, (May 1996)! Is it Admissible?" Is it Admissible?"! What are you looking to admit?! 2!
3 Is it To prejudicial?" Types Of Demonstrative Evidence"! Photos!! Autopsy Photos...!! Crime Scene Photos...!! Diagrams!! Animated computer generated exhibit (CGE)!! Computer generated simulations (CGS)! CGE v. CGS" What Court s Look For:"! CGE controlled by standard rules of demonstrative evidence!! CGS must be supported by scientific data, principles and methods to formulate a computer generated conclusion about an event. See, State v. Denton, 2009 WI APP 78, (Wis. Ct. App. 2009)!! Will D.E. clarify or illustrate expert s testimony?!! Is the D.E. sufficiently accurate?!! Degree of similarity between D.E. and actual baby?!! Misuse of D.E.: What is degree of force?! State v. Stewart, 643 N.W.2d 281 (Minn. 2002)! What Courts Look For:" Jury Instruction"! Does D.E. exceed scope of properly admitted evidence?!! Is D.E. unnecessarily violent?!! Is the probative value of D.E. outweighed by jury confusion or prejudice?!! Cautionary instruction to limit use of D.E. to proper bounds.! State v. Stewart, 643 N.W.2d 281 (Minn. 2002)! State v. Stewart, 643 N.W.2d 281 (Minn. 2002)! 3!
4 Case law Admissible:" Inadmissible"! State v. Styles, 662 N.W.2d 1 (IA 2003) (CGE)!! State v. Carrilo, 562 S.E.2d 47 (N.C. Ct. App. 2002) (CGE)!! State v. Adams, 280 Kan 494 (Kan 2005) (CGE)!! State v. Cauley, 32 P.3d 602 (Col. App. 2001) (CGE)!! State v. Denton, 2009 WI App. 78 (WI. Ct. App. 2009)!! State v. Tollardo, 134 N.M. 430 (N.M. Ct. App. 2003) (CGE)!! Commonwealth v. Serge, 586 Pa. 671 (PA 2006) (CGE)! Old School: Dolls" Old School: Dolls"! Admissible:!! Moore v. State, 154 S.W.3d 703 (Tex. Crim. App. 2005)!! Powell v. Georgia, 226 Ga. App. 861 (Ga. Ct. App 1997)!! State v. Candela, 929 S.W.2d 852 (Mo. App. 1996)!! Inadmissible:!! Andrews v. State, 811 A.2d 282 (Md. App. 2002)!! U.S. v. Gaskell, 985 F.2d 1056 (11th Cir. App. 1993)! Crime Scene" Crime Scene" 4!
5 1/10/12! Crime Scene" 5!
6 A.T.! Father left to care for 9-mo-old child while mother goes to work. Late morning on father rushes out of house and flags down police officer claiming child is not breathing. Ambulance is called and child is rushed to hospital and diagnosed with AHT very quickly. Child dies following morning. Autopsy reveals huge linear skull fx behind right ear. Police go into home following the arrival of ambulance and take approximately 20 photos, one of which captures hole in drywall in bedroom. Police search home following day when they learn of medical findings and discover drywall is patched. Father left hospital for several hours, returning home to alter crime scene. Drywall is cut out to test for trace evidence with negative results but hole size corresponds to head bruise.!! Photo Taken 9/9/01 at 11:30 AM! Photo Taken 9/10/01 at 12:08 PM! 6!
7 Documenting Injuries" Use of Digital Images" 7!
8 Documenting Injuries" Johnson CF Pec Clinc 1990! Johnson CF Pec Clinc 1990! Explaining MEdical Conditions" Sexual assault" 8!
9 Physical Abuse " 9!
10 Corroborating Evidence Physical Evidence Medical Physical Findings Ø Witness = M.D. / PNP Corroborating Evidence Physical Evidence Medical Physical Findings Ø Witness = M.D. / PNP Corroborating Evidence Physical Evidence Medical Physical Findings Ø Witness = M.D. / PNP Corroborating Evidence Physical Evidence Medical Physical Findings Ø Witness = M.D. / PNP Fractures" 10!
11 Metaphyseal" Types of Metaphyseal fractures" KEEP It Simple:" Rib Fractures" QuickTime and a Cinepak decompressor are needed to see this picture. Keep It Simple" Defendant s Statements" QuickTime and a decompressor are needed to see this picture. 11!
12 The Brain" Brain Anatomy" Subdural Hematomas" BRain INjuries" SubDural Hematoma" SubArachnoid Hemorrhage" QuickTime and a Cinepak decompressor are needed to see this picture. QuickTime and a Cinepak decompressor are needed to see this picture. 12!
13 Diffuse Axonal Injuries" Entire Presentation" QuickTime and a Cinepak decompressor are needed to see this picture. QuickTime and a H.264 decompressor are needed to see this picture. Key to Success" Key to Success"! PREPARATION!! PREPARATION!! PREPARATION! Key to Success" Final Thoughts"! Meet with expert witness ahead of time!! Go through all of demonstrative aids!! Have them explain each demonstrative aid during prep session!! Blueprint/Outline!! Modify to fit your case/style!! Preparation!! Assistance...! 13!
14 Thank you "" Justin T. Fitzsimmons & Robert Giles! Senior Attorneys! National District Attorneys Association s! National Center for Prosecution of Child Abuse! & !!! 14!
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