Tech tips: demystifying the use of video at trial. .

• Author: Smith, Sean
• Position: Part 3

IF YOU'VE BEEN FOLLOWING THIS SERIES, you know that in Part One, we discussed working with video files received on regular CDs. In Part Two we discussed working with, and extracting, video files from standard DVDs (DVDs that play in everyday DVD players). Because videos can be tricky, I have used a step-by-step approach to explain some of the best ways to work with them. But video files can also be your best evidence. Now it is time to use what we have learned and create relevant video clips for use at trial from the files we created in the first two articles of this series. There are numerous reasons for creating short, relevant dips. The primary reasons you will want to create clips are when:

* Your video is longer than 10 minutes.

* You want to focus the jury on certain portions of the video for direct/cross examinations, or during summation.

Since most videos we deal with lack hi-definition quality or 3-D and have audio worse than a static ridden AM radio station, it is important to use any video the most effective way you can. Most lengthy videos feature huge gaps of silence, the defendant alone in a room, or the defendant eating or sleeping. For evidentiary purposes you should probably move the entire video you received into evidence. But for purposes of the jury's sanity, making short clips of the relevant portions will be the best way to help them understand your case. Depending on your judge and the rules of practice in your jurisdiction, you can probably also move these clips into evidence. Consider that although Avatar is a long movie, James Cameron probably had weeks or months of footage that was edited to achieve the final version of the movie. Also, keep in mind that video in news clips are only 20-30 seconds long, but a majority of people understand what is going on.

Advanced trial presentation software packages like Sanction, Verdical, and Trial Director are all excellent because they all have very powerful video clipping features, but these programs are difficult for users to fully understand and are costly in today's economy. Plus, for the most common prosecutions, you only need a few basic tools and do not require all the bells and whistles these programs have to offer. The same holds true for programs that edit videos--there are hundreds of programs available, but for a typical prosecution, you are not looking to create a Hollywood video with effects and transitions. Instead, let the video speak for itself.

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