Table of Contents
- THE NEED FOR VISUAL EVIDENCE 1
- TYPES OF DEMONSTRATIVE EVIDENCE 2
- Poster-Size Enlargements 3
- Videotape 3
- Computer Simulations 4
- Models 4
- Slides and Overhead Projections 4
- Artist Drawings 5
- SELECTING THE BEST MEDIUM 5
- The Message 5
- The Cost 5
- Frequency of Use 5
- Complexity and Size 6
- ADMISSIBILITY 6
- OBJECTIONS 7
- Use of Limiting Instructions 8
- A DOZEN FUNDAMENTAL CONSIDERATIONS IN THE USE OF DEMONSTRATIVE EVIDENCE 8
- Conceptual Evidence 8
- Avoid Conceptual Clutter 9
- Not Every Exhibit Must be Used 9
- Simultaneous Viewing 9
- Smooth and Easy 9
- Consistency in Color, Form and Size 10
- Orchestrate 10
- Mark and Present Exhibits Prior to Use 11
- Avoid Over-Exposure 11
- Detect Negative Proof 11
- Be Prepared for the Opened Door 11
- Fully Utilize Exhibits Before, During, and After Final Argument 12
Abstract
One of the primary functions of today's trial lawyer is to develop order and persuasion from raw facts. Success in this endeavor is no longer solely dependent upon the eloquence and insight of the oralist. The modern trial lawyer now has available a number of visual aids with which to communicate and persuade.
The need to make generous use of visual presentations in the courtroom is fundamental for three reasons. First, it has been well documented that jurors demonstrate a vastly superior retention of materials when presented visually rather than by simple oral presentation.
One study in particular has documented a 100% increase in juror retention of visual rather than oral presentations and an astounding 650% increase in juror retention of combined visual and oral presentations over verbal presentations alone.1
These results should not be surprising. Demonstrative evidence in the courtroom is simply more interesting. Demonstrative aids are useful learning tools because jurors simply pay more attention to them. Jurors don't just pay more attention, it adds to their sense of drama and the juror's sense of expectation. Jurors' minds lea to imagine what crucial piece of evidence is being introduced when they see the aid. They try to anticipate the testimony, not just follow it.
A second compelling reason to make abundant use of visual aids is the necessity to quickly educate jurors with a good deal of background information before critical and disputed fact issues can ever be addressed. Even in complex cases, the jury can become acclimated to the necessary level of understanding if its education is well orchestrated and supported by the abundant use of visual aids. Well prepared graphics offer the potential not only to reduce by minutes, but indeed by hours, the learning curve of jurors in those cases.
It is also important that as the attorney builds the case, he has ready opportunity to refer back to preceding testimony and materials, to both maintain and enlarge the education level of the fact-finders. Where he has elected to rely strictly on oral presentations of preceding witnesses, the task is made awkward at best and most often impossible. Properly selected visual graphics afford the attorney the necessary flexibility.
Finally, the trial lawyer who depends solely upon the articulation of live witnesses to persuade the jury has placed an unreasonable and unnecessary burden on both himself and the witnesses. Justice, unfortunately, all too often turns on the articulation and appearance of the witness. To counteract the lack of articulation by a witness, well-prepared demonstrative aids should be used to assist a party or witness in communicating to the judge and jury. It should never be necessary to say that our client's cause was lost because they did not make a good appearance or could not express themselves clearly. Modern communications technology, permissible under the Rules of Evidence, can significantly reduce the importance of articulation in the achievement of justice.
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