Are Videos Helping Convict Criminals?

The use of video in the courtroom has greatly increased as the cost of video technology has become more affordable and the ability to store video is now easier than ever. Video is helping juries determine whether a prosecutor can obtain a conviction. If the video captures the criminal activity and helps to identify the defendant then the argument of reasonable doubt becomes much more difficult.

The videos are typically obtained from police cruisers dash cameras, businesses, homeowners, and portable devices. A large majority of the DUI arrests locally are video recorded. The video is often recording before a person even exits their vehicle. The video of a DUI investigation more times than not is admitted into evidence. Juries give great weight to video evidence. DUI cases that do not have a video tend to leave a jury more reluctant to convict if the evidence isn't overwhelming against the defendant. There are other situations when the police have video but the most common is a DUI investigation.

Businesses tend to have the most sophisticated video capabilities. Businesses, including the Hard Rock Café, Derby Lane, Wal-Mart, and Target, tend to have multiple cameras and superior video quality. Many businesses routinely train their employees how to operate the video equipment and how to preserve the video for court proceedings.

In addition, ongoing neighbor disputes have led to homeowners equipping their homes with outdoor video cameras. Whether this type of video is truly evidentiary depends greatly upon the quality of the video and the homeowner's ability to properly install, record, and preserve the video.

Most cell phones have the ability to record video at a moments notice. The quality of the video is usually very low, but under the right conditions the video recorded is sufficient to capture criminal activity. Many times, citizens who caputure video of an alleged crime on a handheld recording device are reluctant to come forward and provide the video to police.

All video must be relevant to the case and must be authenticated before the jury can view it. Authentication of a video requires sworn testimony of the person who recorded the video showing the video was preserved, personally reviewed before testifying, and that the video is a clear and accurate reflection of what occurred on the date of the criminal offense.

The existence of a video recording alleged criminal activity brings multiple legal issues to the forefront of a case. Is the video relevant to proving the elements of the crime? Has the video been properly authenticated? What exactly does the video show? Is the evidence persuasive? Your defense attorney should consider objecting to the complete video or maybe just a part of the. video? The smallest statement or the briefest image can transform the State's evidence from solid to shaky. Legal challenges to the admisibility of the video are often raised and can deal with the quality of the video, the statements of the suspect or the relevancy of the video among other legal arguments.

Not all video necessarily negatively impacts your criminal case. The trial strategy of your criminal defense attorney should include determining whether a video is beneficial to your case and how to fight for its introduction or exclusion from trial. Retaining a skilled criminal defense attorney, especially one with experience in handling video evidence, to formulate your legal strategy is the best decision you can make for your criminal case.