Improper Use of Technology in Courtroom Leads to Prosecutorial Misconduct
We all think and say it: images are worth a thousand words. The same is true when prosecuting a case. Prof. Bennett L. Gershman of Pace Law School, in his latest HuffPost piece titled Prosecutorial Misconduct Using Courtroom Technology, challenges the way some prosecutors put on their cases when using technology. He suggests that many increasingly cross the line when they use technology to suggest that “‘beyond reasonable doubt’ is really not that demanding” of a standard, when they use “visual trickery” to awaken an angry and emotional reaction out of jury, or when they sway juries by showing “misleading and prejudicial images” during their closing arguments.
Prof. Gershman states that
[a]lthough there’s nothing inherently wrong with using technology in the courtroom, more and more prosecutors cross the line by exploiting the power of technology to skew the way juries analyze the evidence, and thereby prejudice a defendant’s right to a fair trial.
Check it out and share your thoughts.
Related Readings:
- Evelyn Marcus, Note, The New Razzle Dazzle: Questioning the Propriety of High-Tech Audiovisual Displays in Closing Argument, 30 Vermont L. Rev. 361 (2005-2006).
- Gregory J. Morse, Techno-Jury: Techniques In Verbal and Visual Persuasion, 54 N.Y. Law School L. Rev. 241 (2009).
