This research guide indicates how the use of videotaping has progressed in the judicial system. The guide shows that videotaping can encompass such areas as evidence, testimony, depositions, and discovery. Consult the Digest, WestLaw or other legal databases for current case law. This is merely a research aid; it is not exhaustive. The period covered is from 1981 to 1997.
Bloe, Robert. "The courts use as evidence of videotaped testimony of a child who has been sexually abused is declared not to violate a criminal defendant's Sixth Amendment rights to confront his accuser." (Case Note). 18 Southern University Law Review. Fall 1991. 275-291. In this article, the videotaped testimony of a child, the case written about brings out the questionable admissibility of videotaped testimony. Without specific guidelines for defining necessitous circumstances, the result of this case will be attacked due to the broad interpretation of its constitutional standards.
Clark-Weintraub, Deborah. "The use of videotaped testimony of victims in cases involving child sexual abuse: A constitutional dilemma." 14 Hofstra Law Review. Fall 1985. 261-296. Parents are reluctant to put their children through the trauma of telling and re-telling the details of the abuse and prosecutors are often reluctant to proceed because children are generally perceived as ineffective and unreliable witnesses. This note examines the content of representative statutes that allow the testimony of child victims of sexual abuse to be videotaped for presentation at trial.
Downey, Michael. "Using settlement documentaries: videotaped testimony may avoid trials." (Demonstrative evidence). New York Law Journal. May 5, 1997. S2., col. 1. This article lists the common elements of a settlement documentary. This technique is designed to present pertinent testimonial and real evidence in a case. It also discuss the advantages of this type of presentation.
Figari, Ernest E., Jr., and Alan S. Loewinsohn. "Videotaped depositions come to court." (Special Issue: Evidence) (interview). 14 Litigation. Spring 1988. 35(4). In this article, the author brings forth the idea that videotaped testimony can provide better handling without substantially damaging the youthful victim in a sexual abuse case.
Findorff, Karla F. "Videotaped prior identification: Evidentiary considerations for admissibility. (case note)." 50 Missouri Law Review. Winter 1985. 157-173. This article discusses several reasons to use videotaped evidence, from confessions to preserving evidence for appellate review.
Gruber, Jordan S. "Potential for fabricating recorded evidence grows: technological advances in audio and video recordings may affect court admissibility standards. (Trial technology)." The National Law Journal. April 22, 1996. B13, col. 1. Digital editing technology creates the possibility to not only manipulate but even fabricate both audio and video recordings. Courts thus face the danger of allowing into evidence fabricated electronic evidence. Tighter standards and burdens of proof may keep out some perfectly good evidence but the issue should still be carefully rethought.
Habert, Tricia E. "'Day in the life' and surveillance videos: Discovery of videotaped evidence in personal injury suits." 97 Dickinson Law Review. Winter 1993. 305-328. It is represented in this article that surveillance videos should be treated the same as photographs for admissibility and discovery purposes.
Hennes, David B. "Manufacturing evidence for trial: the prejudicial implications of videotaped crime scene reenactments." 142 University of Pennsylvania Law Review. June 1994. 2125-2181. This comment argues that the use of videotaped reenactments of crime scenes prejudices the rights of criminal defendants under the balancing test of Rule 403 of the Federal Rules of Evidence by compelling the trier of fact to commit inferential error.
Klein, Martin E. "Malpractice - oral surgery - infection - extensive plastic surgery - videotaped depositions of treating plastic surgeon - direct cross-examination." 35 Medical Trial Technique Quarterly. Spring 1989. 349-392. In addition to pointing out advantages and possible problems of videotaped depositions, this article also mentions the technical aspect, such as what camera equipment to use and where to place it.
Kreindler, Lee S. "Trial by video." (Videotaped evidence in aviation accident cases). 185 New York Law Journal. May 15, 1981. p. 1, col. 1. This article contends that videotaped evidence is the best way to handle the problem of disparate witnesses and will eliminate ultimate boredom of the jury.
Kuzins, Rebecca. "The pros and cons of videotaped evidence." 10 Los Angeles Lawyer. November 1987. 35(6). Videotaped evidence has been mainly used in federal litigation, but is expected to increase in state court cases. This article presents the advantages and pitfalls of videotaped evidence.
Lowrey, John J. "Malpractice - neurosurgery anesthesiology quadriplegia - videotaped evidence deposition - redirect examination of defendant expert neurosurgeon." (part 3). 36 Medical Trial Technique Quarterly. Spring 1990. 419-440. The malpractice case discussed here offers the fact that the plaintiff's videotaped testimony laid the grounds for admission of other evidence.
Mitchell, John B. "What would happen if videotaped depositions of sexually abused children were routinely admitted in civil trials: A journey through the legal process and beyond." 15 The University of Puget Sound Law Review. Winter 1992. 261-334. This article considers the resulting consequences of videotaped child depositions in civil sexual abuse cases.
Munday, John J. "Products liability case - strict liability - amputated right arm - plaintiff's prosthetist - videotaped evidence deposition." (direct and cross examination). 33 Medical Trial Technique Quarterly. Winter 1987. 389-409. This is a discussion of a products liability case involving the problems of a prosthetic device, that shows the value of videotaped evidence.
Owens, Barbara Hobday. "Videotaped child testimony and the confrontation clause: are they reconcilable?" 14 University of Dayton Law Review. Winter 1989. 361-376. Videotaped testimony of children will enable the child witness to avoid contact with the defendant, but will violate the defendant's right as guaranteed by the sixth amendment.
Patterson, Robert Mark. "'Walking the line' between testimonial and real evidence with videotaped drunk drivers." (Case Note). 13 Criminal Justice Journal. Spring 1992. 357-366. This article discusses the value of videotaping, not so much bringing evidence to the courtroom but bringing the courtroom to the scene of the incident. It also touches upon how the Fifth Amendment is being affected.
Perry, Nancy Walker and Bradley O. McAuliff. "The use of videotaped child testimony: Public policy implications. (Symposium on the rights of children)." 7 Notre Dame Journal of Law, Ethics & Public Policy. Summer 1993. 387-422.This article reviews the status on the use of videotaped child testimony. It offers policy recommendations as compromises to the pro and con views on the subject of videotaping.
Ranii, David. "Judge bars videotaped evidence: Not covered by statute. (Judge George N. Leighton)." 6 National Law Journal. Jan. 30, 1984. p. 6, col. 3. This article discusses why requiring court approval surveillance could be curtailed.
Savage, Elizabeth A. "Videotaped reenactment in civil trials: protecting probative evidence from the trial judge's unbridled discretion." 24 John Marshall Law Review. Winter 1991 433-462. This article presents a Model Act, conforming to constitutional parameters as interpreted by the United States Supreme Court, that addressed some problems in the use of videotaped testimony in child sexual abuse cases.
Taylor, Gary. "Jury views videotaped sex attack." 13 National Law Journal. September 17, 1990. p. 22, col. 4. This is a videotape of an actual rape. It depicts that there was some consent; however, there was also some abuse.
Testerman, Michael R. "Videotaped depositions: preserve evidence, not mistakes." 45 Journal of the Missouri Bar. March 1989. 101(5). This article discusses the practical guidelines for videotaping deposition, especially if there is an important witness you cannot subpoena to trial.
Thumann, Seeley Ann. "Admitting videotaped testimony in cases involving sexual abuse of a minor: a model statute." 22 Columbia Journal of Law and Social Problems. Fall 1989. 489-549. This article discusses the use of videotaped testimony in child sexual abuse cases. It also included how the military handles such evidence in their trials.
---- "Videotaped murder trial in Ohio." 68 ABA Journal. May 1982. 533. In this brief description of an actual trial, videotaped testimony is viewed as eliminating lawyer theatrics and allowing the jury to determine the outcome of a case.
---- "Symposium: the use of videotape in the courtroom." Provo, Utah: J. Reuben Clark Law School. Brigham Young University Law Review 1975, no. 2. Brigham Young University, 1975.