A Study of Forensic Multimedia as Demonstrative Evidence by pengxuezhi

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									                     A Case for Animation:

A Study of the Use of Forensic Multimedia in the Courtroom



                                   By




                            Eddie R. Wachter

                          wachtere@nova.edu




      A Preliminary Proposal Submitted in Partial Fulfillment of the
          Requirements for the Degree of Doctor of Philosophy




             School of Computer and Information Sciences

                      Nova Southeastern University

                              July 21, 2002
                                 Table of Contents


Chapters


1. Problem Statement and Goal 1
   Research Questions 4
   Attributes To Be Measured 6
   Addition to Body of Knowledge 7

2. Relevance, Significance and Brief Review of the Literature 7
   Historical Overview and Literature Review 7
   Relevance 15
   Further Research 17
   Significance 17

3. Barriers and Issues 18

4. Approach 20

5. Milestones 24

6. Resources 25

7. Annotated Bibliography 27

8. Appendix A 74

9. Reference List 79
                                                                                             1


                              Problem Statement and Goal


     Since 1968, computer aided drawings have simulated real world objects and events,

and research into the development of uses for multimedia has evolved into utilizing

computer generated multimedia for a variety of purposes. Within the United States legal

system, demonstrative evidence can be introduced to illustrate or clarify other evidence

that will aid the judge or jury in understanding the crime or civil cause of action.

Forensic multimedia, the use of multimedia as demonstrative evidence, has spawned new

business opportunities for graphics designers and multimedia developers to aid both the

prosecution and defense in civil and criminal jury trials. To effectively utilize forensic

multimedia in the courtroom, prosecuting and defense lawyers must have a thorough

knowledge of the components and capabilities of the medium. Through the use of

accepted survey techniques, this study will evaluate the knowledge, understanding and

capabilities of lawyers in the greater Atlanta area regarding terms, concepts and processes

involved in creating and presenting forensic multimedia.

      In today‟s knowledge based society, the ability to visualize and manipulate abstract

and multi-dimensional information is crucial for communicating and understanding ideas

(Reiber, 1994). Information visualization, a process that transforms information, data

and knowledge into a mode that relies on the human visual system to perceive embedded

information, has as its goal to enable the viewer to comprehend the displayed information

(Gershon & Page, 2001). One problem in the design of multimedia delivery systems is

creating the media so that the presentation will successfully deliver the intended

information to the audience (Faraday & Sutcliffe, 1997). As applications of multimedia

and virtual reality increase in complexity and amount of data presented, designers and
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presenters of multimedia presentations need to understand which components in a

complex image will be recognized and comprehended (Sutcliffe, 2000). When forensic

multimedia is used for this purpose, it is the responsibility of the legal team to identify

these components and ensure that the developer of the multimedia presentation achieves

these goals.

      Forensic multimedia is defined as the use of computer animation or computer

simulation as demonstrative or substantive evidence within the legal system. Generally

used within the scope of a formal trial for evidence presentation, computer animation

presents a visual augmentation of a series of events, with no scientific background behind

the presentation. When presented as substantive evidence as in computer simulation, the

animation may be presented as a computer reconstruction or visualization of the actual

event based on scientific knowledge and measurements. This study will focus on the use

of forensic multimedia with respect to computer animation and computer simulation.

      The juror in today‟s courtroom lives in a multimedia age, can absorb data presented

in simultaneous formats and can assimilate multimedia images of complex sequences of

events faster and more efficiently than verbal or text-based descriptions (Cotton, 1994).

An assessment performed by the Judicial Conference Committee on Automation and

Technology found that most jurors believed they were able to remain focused on

testimony and evidence with the use of forensic multimedia, provided the groundwork for

the animation provides sufficient understanding of the purpose of the display

(Administrative Office of the United States Courts, 1998). Such significant impact on

juror‟s opinions, the basis for juror judgment of guilt or innocence, signifies the criticality

of the attorney having complete knowledge of the multimedia process.
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      The use of technology is currently found in many aspects of criminal justice, but

there is little evidence that it has been welcomed as an enhancement to the process by the

legal profession. Because of this lack of uniformity, there are disparities in the quality of

justice between citizens in jurisdictions where lawyers are pursuing continuing education

in high technology areas and where there is a lack of continued education (Nicholson &

Hogge, 1996).

      Much of the current literature centers on the admissibility of forensic multimedia in

the various court systems, yet much less has been written concerning the use of computer

animation and the qualifications of lawyers to effectively utilize the media. Recently, a

number of peer recognized Law Review Journals have described the need for litigators to

develop proficiency in the understanding of the multimedia process. Murphy (1990)

indicates that effective attorneys must have an understanding of computer modeling and

simulation concepts, which may be difficult given that most attorneys have a non-

scientific or technical background. Butera (1998) finds attorneys that fail to familiarize

themselves with multimedia technology may result in admission of unreliable simulations

and ineffective counsel, along with other ethical concerns. Fulcher (1996) states that the

prepared litigator should become knowledgeable regarding the terms, concepts and

processes involved in creating computer simulations, and should assist the court in

understanding these same terms, concepts and processes. Regarding perceived

capabilities, some lawyers believe that developing virtual reality demonstrations is

beyond their ken, and may consider the technological jargon and comprehension beyond

their reach (Bingle, 1998). To remain effective litigators, lawyers must familiarize
                                                                                            4


themselves and use multimedia technology within the courts and understand the

technological support available to the legal profession (Somkuti, 1998).

      In conclusion, a lawyer‟s willingness to use courtroom technology may be the

determining factor in the successful use of forensic multimedia. Such willingness may

not be a problem as increased recognition of the value of the technology for winning

cases is likely to impel its adoption by lawyers. The adversary system should drive

multimedia adoption, as litigators may be afraid that failure to use the technology, when

the opponent may do so, is an unacceptable risk (Lederer, 1999c).



                                  Research Questions



      Much of the current literature centers on the use and admissibility of computer

generated evidence in the courtroom. Yet in order to effectively present forensic

multimedia as a component of the case, the lawyer must have a thorough knowledge of

the multimedia and its capabilities. Guiberson (1999) states that lawyers must be image

smiths, sound smiths and video smiths to be effective, and that clients require lawyers

with media rhythm – a gift of using multimedia effectively. Butera (1998) recommends

that lawyers be prepared with the knowledge of terms, concepts and processes involved

in creating computer simulations. Strong (2000) sees lawyers who are familiar with the

tools as the most effective and not only understand the concepts but be able to operate

and manipulate the hardware and software.

      This study will focus on the use of forensic multimedia by legal professionals in the

greater Atlanta area. As of June 2002, the Atlanta Bar Association – the largest
                                                                                            5


metropolitan bar association in the Southeast, lists more than 6,000 members in a 12

county area of metropolitan Atlanta, providing a large population of lawyers for analysis.

The author, a resident of metropolitan Atlanta, has access to local university law school

resources, the bar association, and legal personnel to assist with obtaining requisite

information and contacts.

      In this study of the use of forensic multimedia in the greater Atlanta judicial

community, the following research questions will be addressed:



          1. What patterns are formed in the use of forensic multimedia in the greater

             Atlanta area?

          2. What are the demographics of the users of forensic multimedia in the

             greater Atlanta area?

          3. What types of forensic multimedia does the studied population utilize?

          4. What formal education in the application of forensic multimedia has the

             studied legal population received?

          5. What level of forensic multimedia capability is required for an attorney

             practicing in the studied area?

          6. What problems exist in the use of forensic multimedia in the studied

             population?
                                                                                        6


                            Attributes To Be Measured



   This study will measure the application of forensic multimedia, as well as the level

of education in forensic multimedia of the studied population, in the greater Atlanta

area. The variables to be measured are defined as follows:



      Forensic multimedia studied will include computer simulation and computer

       animation.

      Demographics – measured attributes include type of litigator (defense attorney

       or prosecutor), type and size of firm, position in firm, law school attended, time

       in practice, age and gender. This information will provide baselines for

       measurements of usage data.

      Use of forensic multimedia – measurement of lawyer introduction of forensic

       multimedia evidence in court within the last three years. Specific

       measurements will include statistics of computer simulations and animations

       measured by attorney per year. Specific types of forensic multimedia will be

       measured against demographic data (Guiberson, 1999).

      Formal education in forensic multimedia will measure only three recognized

       modes of education: for-credit; formal vendor education; and self-study

       programs in computer animation and computer simulation (Butera, 1998).

      Court case type – defined as civil or criminal with sub-variables to include jury

       and bench trials.
                                                                                            7



                             Addition to Body of Knowledge



      Through study and analysis, this work will add to the literature in several ways. By

applying accepted data analysis methodologies to survey results, the dissertation will

identify the forensic multimedia capabilities of the legal community in the greater Atlanta

area. It will outline the patterns of use of forensic multimedia by lawyers within the

population, document and analyze the formal education received, and identify where

additional education may be required.




              Relevance, Significance and Brief Review of the Literature



                      Historical Overview and Literature Review


                                    Role of the Lawyer

      A lawyer is defined as one whose profession is to advise clients as to their legal

rights and obligations and to represent clients in legal proceedings. This representation

by counsel can take many forms, both inside and outside of the courtroom, and lawyers

are contracted by clients to ensure that presentation of the client‟s case is made according

to the established law and presented in the most favorable position. Trials are about

persuasion, the process of convincing a jury to decide between two diametrically opposed

stories or views of a particular incident, and the presentation of evidence utilizing new

technologies has met with some resistance. Full incorporation of computer technology to
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the practice of law can be attributed to normal yet unavoidable time lags in

implementation of change, fear of new technology and social and psychological fear of

change in general, especially in the role of the lawyer (Galves, 2000).

      Litigation is the term used to define this dispute between parties, and resolution of

that dispute requires that parties prove necessary relevant facts and persuade the jury that

when applicable law is applied to the facts, a verdict in their favor should result. Jurors

base their decisions on their own experiences and beliefs, and lawyers are successful

when they use tools that link proof to patterns of thought rather than forcing new patterns

on jurors. Zwier & Galligan (2000) state that the main goal of the trial lawyer is to assist

the jury in “seeing” the case through the client‟s eyes and therefore the role of the lawyer

is to capture the attention and approval of the jury at the earliest possible point in the trial

to assist the jury in formulating their decisions (Hannaford et al., 2000).

      The use of animations to augment the story telling allows lawyers to present

complex facts or relationships in a visual manner to enhance the juror‟s comprehension

(Kenny & Jordan, 2000). Zevitas (2000) states that there are several factors that should be

considered regarding how technologically complex the multimedia should be:

          1. Type of case being presented

          2. Sophistication and background of the jury

          3. Resources of the client

          4. Layout of the courtroom for use of multimedia

          5. Preferences of the judge

These considerations not only relate to the use of multimedia, but also to the format and

type that would be most effective.
                                                                                               9


      Computer animations used as forensic multimedia fall into two distinct categories.

Demonstrative evidence is animation that supplements witness testimony by illustrating

key events. These spatial relationships are difficult to describe verbally, but with the use

of demonstrative animation, events and relationships can be visually depicted. Computer

simulation is animation that meets the criteria for scientific evidence where the

multimedia evidence is computer generated based on scientific measurements of all

components of the event and standardized algorithms are used to generate the

multimedia. Computer simulations must therefore present only the actual events and not

suppositions or extractions to the simulated event. A concern therefore exists in

computer simulations where the accuracy of the data generating the simulation becomes

the subject of foundational questions, along with the validity of both the scientific

concepts in the computer programming as well as the accuracy of the implementation of

those concepts. Trial lawyers therefore are required to be cognizant of these differences

and present them accordingly (Lederer, 1999b).



                          Visualization Presentation Techniques


      Trial lawyers often amplify and clarify testimonial evidence with visual evidence

and other forensic aids, and state that clients have a right to expect a panel of jurors who

can comprehend and appreciate all the presented evidence in any manner introduced

(Crehan, 1997). Frederick Lederer, Director of the Courtroom 21 Project at the College of

William and Mary School of Law, has studied the virtual courtroom and states that jurors

best understand evidence and arguments that are presented in both visual and audible

media (Lederer, 1999a). Visual presentation techniques used in technical multimedia
                                                                                          10


presentations include graphical representation, different frames of reference and what-if

scenarios to assist in comprehension and retention (Lohse, Biolsi, Walker & Rueter

(1994). The use of high technology presentations in the courtroom offer at least two

possible benefits over oral arguments: one is by bringing together the two components of

absorbing and processing information, known as learning; and presenting information in

ways that juries need to learn about particular instances or events. Animations have

persuasive effects due to the techniques and information presented due to the developer

and the lawyer having complete control over the content of the animation. Therefore, the

multimedia will only contain information chosen to be presented by those developing and

displaying the animation (Kenny & Jordan, 2000).

      According to Kissaine-Gaisford (1995), power flows from an aesthetically pleasing

presentation medium and the success of the user of media technology depends on the

skills of the attorney. Zwier & Galligan (2000) state that multimedia presentations can be

so powerful, efficient and effective in communicating with a jury that, even in opening

statements, they can blur the boundary between opening statements and trial testimony

and evidence presentation, and may even make the trial. Yet the courtroom of today

changes at a slower pace than the society in which it rules. Lederer (1998) states that

courtrooms and the legal process cannot “sit idly by in a cocoon of yesteryear while

society and technology race towards the next millennium”. It therefore should be a

requirement that the legal profession provide continuing education in the area of forensic

multimedia.
                                                                                           11


                                    Lawyer Education


      When forensic multimedia is contemplated for use as evidence in a trial, lawyers

must make decisions about expertly created forensic multimedia as to its ability to

provide a more powerful and memorable impact than any verbal evidence presented by

an expert witness. Decisions as to the construction of the multimedia must be made early

in the decision process and the lawyer must therefore understand the capabilities of the

media and the gaps it fills or develops in the presentation of the evidence (Zwier &

Galligan, 2000). Yet, the legal team presenting the evidence seldom gives appropriate

considerations to which multimedia technology best supports the task (Petersen, 1998).

      The use of forensic multimedia can be very different when used by the prosecution

or by the defense. Strong (2000) states that from an advocate‟s perspective, the power of

technology can be very useful to inform and persuade juries as the case is presented.

From an adversary‟s perspective, technology tools are most effective in emphasizing

selected pieces of evidence at the expense of others, highlighting inaccuracies or

providing alternative scenarios.

      Brian O‟Neill, the lawyer for Exxon in the Exxon and Intel v. AMD trial, states that

comfort with media systems makes a lawyer appear more at ease with the evidence, more

credible as an attorney and more knowledgeable about the facts in the case (Kissane-

Gaisford, 1995). Therefore, lawyers require education in these forms of forensic

multimedia to understand presentation techniques and to ensure their effectiveness in the

courtroom, and how lawyers perceive their legal education and skills is shaped by the

degree in which the law school curriculum corresponds to the knowledge and skill that

are believed to be necessary for professional success. Yet Ogloff, Douglas & Rose
                                                                                             12


(2000) state that not all the knowledge and skills utilized by lawyers are acquired at law

school, and that there is a high degree of importance attached to skills not specifically

law-related. Numerous law reviews explore the use of expert evidence in the courtroom

and the ramifications of introduction of technology based evidence, yet Raeder (1999)

states that although these journals exist in quantity, relatively little writing discusses the

use and effect of the technology in the courtroom.

      Critical to the competency of the lawyer in the use of computer animation is the

understanding of and participation in the five steps of the animation development process

(Muir, 1992):

          1. Data collection of the scientific evidence

          2. Storyboarding – developing the key events and scripting

          3. Computer model development – data input into the computer simulation

              software

          4. Motion scripting – time sequencing the events

          5. Rendering – composition of the frames to provide reality views



      Thomason (1996) notes that as the use of visual computer simulations increases,

legal professionals who understand the concepts of computer simulations, the

development process and image manipulation will come to have more of an advantage in

the courtroom. Butera (1998) states that to provide equal representation to all litigants –

even the minimally competent attorney will be required to consider and evaluate forensic

multimedia.
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      According to Dilworth (1998), in the years ahead, computer skills will most likely

be a requirement for a lawyer to establish their professional competence. The use of

technology therefore forces the lawyer to be more prepared (Zwier & Galligan, 2000),

and to the extent that trial automation through computer technology saves money, clients

will demand that attorneys remain technologically competitive (Galves, 2000). Given the

effects of technology used in the courtroom, law schools have the obligation to address

these issues and explore how to best teach these questions (Raeder, 1999). To meet these

requirements, Galves (2000) recommends that a comprehensive education plan be

required for judges, practitioners and law students so that they will not be disadvantaged

in the high tech courtroom (Butera, 1998).



                         Comprehension of Evidence by the Juror


      Learning theorists have studied and noted that jurors as learners require a

framework or grounding upon which to attach subject matter in order to retain, recall and

interpret details (Vinson, 1986). In support of the increasing use of forensic animation in

the courtroom, multimedia corporations are producing fee based forensic multimedia

presentations based on scientific evidence to ensure accuracy of the presentation. Yet,

the impact of the presentation on the juror‟s perception of the data presented is not taken

into account in the design of the finished product when the opportunity to tailor

multimedia visualization to a particular application and audience provides a competitive

edge to the user (Myers, Hollan, & Cruz, 1996). This competitive edge, the basis for

developing and presenting the forensic multimedia evidence, is most successful when the

visual representation methods take advantage of human sensory and cognitive systems
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and the aesthetic format of multimedia will encourage concentration and information

retention by jurors (Kissane-Gaisford, 1995). Therefore, creating forensic multimedia is

not just being literate in visual media, but depends on an understanding of the modes of

human information processing and cognitive thinking (Gershon & Page, 2001).

      Post-trial interviews with jurors indicate that jurors appreciate technology that

simplifies complex issues (Island & Connolly, 1997) and that users want to be

empowered by technology to apply knowledge and personal experiences to make

judgments (Shneiderman, 1998). The credibility of a technologically advanced

multimedia presentation as demonstrative evidence has also proven to be more persuasive

and accepted as fact than 2-dimensional photographs (King, Dent, & Miles, 1991). This

issue of credibility is paramount to testimonial evidence, and the use of computers to

offer this evidence is directly related to the perception of the user as it relates to the

credibility of computer generated evidence. Studies have demonstrated that people not

familiar with the subject matter being presented (as in a jury trial) are more likely to view

the computer presented information as more credible (Fogg & Tseng, 1999). In addition,

computer animation has also been demonstrated as a persuasive tool that can more

accurately depict specific actions than the “hazy recollections” of an eyewitness

(Voorhees, 1999), and that realism in a virtual environment is enhanced if objects exhibit

behaviors that correspond to objects in the real world (MacEachren et al., 1999).

      Bennet, Liebman and Fetter (1999) performed an empirical study to determine the

effects of forensic multimedia on the jury decision-making process. Two mock juries

were used to review a personal injury case developed by the study team. The baseline

version used an expert witness that presented a critical piece of evidence using computer
                                                                                           15


animation, and the variant version utilized the expert witness providing only oral

testimony and traditional graphics.

      The conclusion of the study showed no marked difference in the outcomes of the

jury decision, against the hypothesis of the study that the forensic multimedia would be

more persuasive or convincing. This study suggests that computer animations are not

guarantees to victory, partially because they are brief pieces of evidence directed at

critical issues and are part of a lengthy and complex trial.

      The ultimate design of forensic multimedia may be to allow the juror to interact

with the computer simulation by altering variables and changing perspectives or views,

comparable to asking questions of an expert witness. Zwier & Galligan (2000) state that

by denying jurors this facility may alienate the juror from the learning process and may

insult the juror‟s intelligence. Such an insult may have a profound impact on how a juror

views the legal system, and may provide a fairer, more complete process than currently

provided. To understand and to assist the juror with this new technology in the

courtroom, lawyers must be familiar with the use of forensic multimedia technology as

well as the technological support available to the legal profession (Somkuti, 1998).




                                         Relevance



      This study is timely because the legal practice, especially litigation and

adjudication, is a highly sophisticated form of information management and presentation

(Lederer, 1999c) and the use of forensic multimedia as demonstrative evidence is

increasing in civil and criminal state courts. By 1999, there were over 50 courtrooms
                                                                                            16


equipped for integrated high-technology multimedia with an equal number under

construction (Lederer, 1999a).    Lederer states that today‟s multimedia technology is

such that the legal system is unintentionally migrating toward virtual trials and virtual

courtrooms, yet such high technology courtrooms raise the issue of how the jury should

review the full panoply of technology-dependent evidence (Lederer, 1999c).

      Second, law schools are only now beginning to include any form of forensic

multimedia as part of their trial advocacy instruction in litigation technology (Lederer,

1999a). These progressive law schools recognize that jurors today have been raised in a

multimedia environment where much of the information they receive is in the form of

live video and sound, and that humans can assimilate multimedia images of complex

sequences faster and more efficiently than verbal or text based descriptions (Cotton,

1994). As a result, media based litigation is replacing the use of 2-D photographs and

drawings, and is being targeted toward the visual-video age juror (Bingle, 1998).

      Third, if according to studies, jurors are only spending 15 percent of deliberation

time on testimonial evidence (Berkoff, 1994), the presentation and retentive ability of

forensic multimedia can have a significant impact on the decision process. Experiments

have shown that jurors can be biased by attributes beyond those they typically expect,

and that jurors are susceptible to manipulations and influences beyond the scope of legal

relevant information (Villemur & Sibley-Hyde, 1983). It is therefore important that any

user of multimedia systems understand the characteristics and limitations of the human

attention process (Beame, Jones, & Sapsford-Francis, 1994).
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                                    Further Research



        Authors in human perception, visualization and learning psychology have

described research in topics related to the use of forensic multimedia. For example, other

studies include Gershon and Page (2001) who suggest that further research is required in

understanding the characteristic interactions of each genre with a particular audience, its

advantages and disadvantages and how it affects the content and learning. In addition,

Shneiderman (1998) supports empirical studies that will help sort out specific situations

where visualization is most helpful to the understanding of data presented in multimedia

form.

                                       Significance



        Independent technology firms specializing in forensic multimedia are developing

both scientific demonstrative evidence multimedia programs and complete presentations

to meet the increasing requirements of trial lawyers. The high cost of creating forensic

multimedia presentations requires the legal team to define specific requirements to

minimize the expense and achieve the defined goals. Major firms charge up to $100 per

second of multimedia created, with an average cost of $5,000 to $10,000 for a 3-D

forensic multimedia presentation used as demonstrative evidence. New techniques and

applications for visual media are being studied for commercial use especially in the

developments of newer 3-dimensional interface/presentation/interaction scenarios
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(Steinmetz, Nack, & Gershon, 1998). Such applications are significant to the use of

forensic multimedia, yet an understanding of the technology is imperative by the user.

      Multimedia legal documents are now being compiled on CD-ROMs that contain

briefs, diagrams, video evidence and depositions (Lederer, 1999c). In using multimedia

in evidence presentation, 83% of judges surveyed agreed that forensic multimedia

presentation helped them manage court proceedings. In addition, 90% of jurors surveyed

felt they were able to see evidence clearly, follow attorney presentations, and that video

display of forensic evidence was an easier way to present certain evidence

(Administrative Office of the United States Courts, 1998).

      Product development in forensic multimedia is continuing at a rapid pace, and

companies that provide improved user interfaces to multimedia information will spawn

appealing new products (Shneiderman, 1998). Such rapid improvements in forensic

multimedia will require the continued education of lawyers who utilize this technology.



                                   Barriers and Issues


      Research and peer reviewed literature on forensic multimedia have appeared in Bar

Association Journals, Law Review Journals and psychological studies concerning

multimedia and the effect on human perception. Little literature exists specifically

relating to lawyer capabilities, education and understanding of forensic multimedia.

      To inspect and review the current technologies in forensic multimedia, it will be

necessary to acquire, install and develop animations using various computer simulation

packages marketed specifically for forensic multimedia development. Some vendors

supply the packages for individual use; other vendors only develop forensic multimedia
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evidence based on information provided by the litigant. Custom-built multimedia

presentations are costly and will be evaluated if they can be obtained from vendors,

lawyers or court records. It will also be necessary to obtain, learn, develop and run

commercially available PC based forensic multimedia packages.

      Even though court actions are public record, some data may be classified as non-

public access and this may restrict access to some forensic multimedia. Certain states

have implemented a policy to balance public disclosure of court records with personal

privacy concerns. Some court records are confidential by legislative mandate. In some

instances, judges may exercise discretion by court rule to seal certain court records that

are particularly sensitive for the litigants. Forensic multimedia from individual court

cases will only be obtained from court records that are public.

      The author has numerous legal contacts within the study area and will enlist the

assistance of identified lawyers with whom the author has a personal relationship in order

to develop a contact plan and introductory letters for legal personnel to interview and

acquire data for the study. In addition, should these personal contacts not provide

sufficient assistance in developing a study base, the Atlanta Bar Association and the law

firms in the greater Atlanta area will be contacted directly for support and assistance in

determining the population for study. Support from these associations will lend credence

to the research with the surveyed individuals.

      Developing the survey mechanism will require research into survey techniques

developed specifically for the legal profession. Numerous surveys designed specifically

for lawyers have been referenced and will provide the basis for designing the survey.
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      As with any survey, issues revolve around the obtaining a significant response rate.

In addition, completion of the study will be dependent on having the data returned in an

acceptable timeframe.



                                         Approach


       This dissertation will be a study of the capabilities of the legal profession in the

greater Atlanta area pertaining to the use of forensic multimedia. Several steps will be

required to complete the research and is outlined below.

       A thorough review of the literature pertaining to a number of relevant subjects

will be performed. This review will provide background information leading to the

creation of the usability evaluation, survey instrument and analysis of the data. The

following major study areas will be addressed:



A. Types of forensic multimedia currently in use:

           A thorough review of legal publications, including peer reviewed and

     periodicals for discussions and summaries of where, how and types of forensic

     multimedia being used in the courts will be researched.                Numerous trade

     publications and law reviews in the legal profession provide articles on effective

     use of tools and the applicability of various techniques to the courtroom.

           This review of different types of forensic multimedia will provide a

     foundation for developing the criteria for the usability evaluation and for the formal

     survey vehicle.
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B. Law school curricula:

           There are approximately 170 accredited law schools in the United States that

     offer the Juris Doctor degree. These are listed in Appendix A. This list in

     Appendix A will be used for inclusion in the survey document as a reference for

     respondents to indicate which law school they attended.

            Since Atlanta is the largest city in the southeast, law schools listed in

     Appendix A that reside in the southeastern states (Virginia, North Carolina, South

     Carolina, Tennessee, Georgia, Mississippi, Alabama, Florida) will be researched

     and their curricula evaluated as to the inclusion of instruction in the use of forensic

     multimedia and in the use of forensic multimedia in mock trials as part of the

     education process.



C. Review of the use of forensic multimedia in the target area:

           The target area, having a sizable legal population, federal, state and local

     courts, and a strong Bar Association, publishes numerous periodicals on the legal

     activities, trends, success and failure of techniques, and notable uses of technology

     in the courts. Forensic multimedia, computer animation, computer simulation and

     visual techniques for evidence presentation are common subjects for publication

     and available at the local law school libraries.



D. Development of forensic multimedia:

           The author has contacted several forensic multimedia-producing companies

     and has obtained test versions of software for production of the forensic
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     multimedia. This software will be used to develop the forensic multimedia for the

     usability study on the target group.



E. Demographic evaluation of legal professionals in the greater Atlanta area:

           Demographic information on the legal professionals in the greater Atlanta area

     will be obtained from the Atlanta Bar association and from major law firms in the

     target area. Compilation of this information will provide data for development of

     the survey vehicle, its disbursement to the population, and selection of survey

     recipients to achieve a representative sample. In addition, the test subjects for the

     usability evaluation will be selected from this group.



F. Usability evaluation of forensic multimedia presentation:

           A usability evaluation will be completed by 3 – 5 attorneys testing a

     representative example of forensic multimedia found from research in the defined

     study area.     Employing the expert review methodology, a heuristic evaluation

     process will be developed and administered to the selected group. The expert

     reviewers, chosen from the studied population, will evaluate the forensic

     multimedia to determine conformance with design heuristics developed from the

     literature.



G. Survey vehicle:

     To obtain information on the capabilities of the legal profession in forensic

multimedia in the greater Atlanta area, a survey vehicle will be developed and
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administered to the test population. The survey will be designed to obtain information

directly related to the research questions. Major areas of survey will include:

                Demographic information

                Level of comprehension of forensic multimedia

                Application of forensic multimedia

                Education in forensic multimedia

      A test survey will be developed and administered to a select population for

evaluation of accuracy and completeness of the survey vehicle.             Survey delivery

methodologies will be evaluated, with input from the test survey participants, for

administering the survey based on delivery medium, estimated response percentage, time

and cost.

      The survey will consist of an eight (8)-step approach:

                1. Identify objectives of the survey

                2. Identify participants

                3. Develop questions

                4. Select delivery method

                5. Test survey on small sample

                6. Deliver survey package

                7. Analyze results

                8. Present results



      To define the survey population, it will be necessary to obtain a listing of practicing

lawyers in the greater Atlanta area. As previously defined, the Atlanta Bar Association
                                                                                        24


and other professional organizations will be contacted to ascertain listings of members. It

will be imperative to have the support of these organizations in order to obtain an

adequate population sample for responses to the questionnaire.              Analysis and

development of a cross section of the legal population will be required to ensure

statistical accuracy.

      Statistical techniques will be defined to analyze the data from the surveys returned.

Support from a statistician will be obtained to assist in developing the analysis tools and

preparing data summary analyses.

      The results of the study, including statistical presentation will be defined and

summarized. Conclusions, implications and recommendations will be developed and

presented.



                                       Milestones


      The milestones for this dissertation match closely with the approach and are

outlined below. These milestones allow for concurrency of tasks with dependencies

identified.



Milestone
                                   Actions Required                      Duration
                                   Develop and document forensic
Forensic Multimedia Review         multimedia tools list, summarize 4 weeks
                                   listing of tools available
                                   Identify law schools, request
                                   curriculum       guides,   evaluate
Curriculum evaluation                                                  14 weeks
                                   forensic multimedia education,
                                   develop conclusions
                                                                                          25


Milestone
                                   Actions Required                       Duration
                              Identify local legal publications,
Target area usage of forensic identify court records, obtain
                                                                          4 weeks
multimedia                    necessary documents, summarize
                              usage in target area
                              Contact      target     area   Bar
Develop lawyer demographics Association, comprise statistics on
                                                                          5 weeks
of target area                population,              summarize
                              demographic data
                              Obtain software packages for
                              evaluation, test packages for
Usability evaluation          applicability,    identify   expert         8 weeks
                              evaluators, conduct evaluation,
                              summarize findings
                              Develop sample survey, issue and
Survey development, issuance analyze results, develop formal
                                                                          23 weeks
and analysis                  survey, issue and analyze results,
                              develop conclusions
                              Compile data, analyze and develop
Formal dissertation report    conclusions, write report and               10 weeks
                              submit dissertation report.




                                          Resources




      Several resources are vital to the successful completion of the research. The author

has a vocational background in criminal justice and computer information systems as

they relate to courts, penal and community systems, and therefore has access to computer

multimedia systems, vendors, courts, reference materials and criminal litigation dossiers.

Several key resources will be required.

      First, research will require access to the legal subscription services. Access to

research services such as WestLaw and FindLaw that provide case information will be
                                                                                            26


provided by Internet access. Law Review Journals are available at the Emory School of

Law and the Georgia State Law Library. In addition, the author has been granted access

to case law through the law offices of Ms. Pat Buonodono, Attorney at Law.

        Second, access to various multimedia products will be required to familiarize the

author with the products available to lawyers and forensic multimedia developers, which

will aid the author in developing the survey. Demonstration versions of software are

available from the developers. A number of products will be requested for familiarization

as to the product‟s capabilities, terminology, and presentation techniques.

        Third, the survey vehicle is key to the success of the research. The development of

the survey will be assisted by review of previous research studies utilizing surveys

submitted to lawyers. Surveys specific to lawyers and the legal profession have been

published by the Wisconsin Lawyer, the University of Chicago Law School, the

Minnesota Lawyers Association, and by Microsoft in their Internet Lawyer survey of

1996.

        Fourth, statistical algorithms are a major component of analyzing the data compiled

from the surveys. Two statistical packages will be evaluated: SPSS and Microsoft Excel

with statistical functions. Assistance from a statistician with the statistical analysis

portion will be required.
                                                                                         27



                                Annotated Bibliography


Administrative Office of the United States Courts (1998). Courtroom Technology Draws
      Positive Response. The Third Branch, 30(7), 2.

       This article is a summary of findings of a special committee assigned by the
       Administrative Office of the United States Courts to investigate the use of video
       evidence presentation techniques in US courts. The article presents statistics
       based on surveys of jurors and how video evidence affected their understanding of
       facts presented and lasting effects of evidence.

       In summarizing, the committee requested that the Administrative Office develop
       and propose a plan for the implementation of courtroom technologies over a set
       period of time. Funds were allocated for investment in video technologies in a
       select number of courtrooms to validate their findings.

Aikenhead, M., Widdington, R., & Allen, T. (1999). Exploring law through computer
      simulation. International Journal of Law and Information Technology, 7(3), 191-
      217.

       This article reviews the uses of computer simulation in the legal profession and
       argues that computer simulation is an untapped resource for both prosecution and
       defense attorneys. Written in 1999, the authors are leading edge in its concepts
       and definitions.

       The authors present a case for distributed artificial intelligence based system that
       provides simuations for legal analysis and presentation in court. Arguing that law
       strives too hard to study the law and not the study of the situation, the use of
       computer simulations can bring closure to cases earlier and enhance the use of
       expert testimony.

       The article closes with an examination of several existing computer simulations
       based on their methodology of distributed intelligence and suggests ways to
       utilize simulations in the legal process.

Alleman, T., & Gido, R. (1998). Marquardt, Neil, Turnstile Justice: Issues in American
      Corrections. (1-221).Upper Saddle River, New Jersey:Prentice Hall.

       This book provides an overview of current topics and policies that face the
       correctional system, including the courts and the probation and parole systems.
       Each chapter is written by a different author and the book is compiled by Alleman
       and Gido.
                                                                                          28


       Pertinent information for review includes the sections on sentencing statistics for
       the major crimes in the U.S., both federal and state. These statistics are then
       related to the prison populations and the various categories of prisoners
       incarcerated over the past five years.

       Some issues are raised regarding the use of the appeal process and the patterns of
       appeal, but there is little in the area of the actual appeal and the use of testimony
       or forensic evidence in the process.

       Many differing perspectives are given, from a debate on the death penalty to the
       legalization of marijuana.

Al-Seghayer, K. (2001). The effect of multimedia annotation modes on L2 vocabulary
      acquisition: A comparative study. Language Learning & Technology, 5(1), 202-
      232.

       This article describes the principle of learning a second language using
       multimedia techniques, and the effects of various modalities of multimedia on the
       learning process.

       The author spends a great deal of time in the article referencing other research in
       the area of language learning. Used as a background, the research performed tests
       the question of learning faster by video mode or still picture mode. The results
       indicate that video and text combined are a faster way of developing
       comprehension and longer term memory than still pictures and text or text only.

       The author concludes that there are pedagogical and theoretical implications for
       language learning using multimedia. Pedagogical implications center on exposing
       learners to multimple modes of learning produces an efficient language learning
       environment. The theoretical implications center on supporting the generative
       theory of multimedia learning proposed by Mayer, that the design of multimedia
       instructin affects the degree to which learners engage in the cognitive process
       required for meaningful learning.

Arens, Y., Hovy, E. & van Mulken, S. (1993). Structure and Rules in Automated
       Multimedia Presentation Planning, International Joint Conference of Artificial
       Intelligence. Chambery, France.

       This presentation discusses the processes for developing a multimedia
       presentation, and the authors outline two distinct processes for information
       presentation using multimedia.

       The first process is planning the underlying structure of the presentation by
       ordering and interrelating the information to be processed. The second process is
       to allocate the media that will be used for each process.
                                                                                          29


       The discussion and presentation by the authors centers on the use of components
       of multimedia for different components of data, and discuss the decisions of the
       allocation process: sequential, interleaved or simultaneous. A Discourse Structure
       and a Presentation Structure are outlined and rules are developed to assist in the
       creation of multimedia presentations.

       The article is very well written and provides an outline of rules for information to
       media conversion, as the authors develop the idea that there is a direct association
       between information to be presented and specific media representation.

Barry, M. M. (1999). Accessing justice: Are pro se clinics a reasonable response to the
       lack of pro bono legal services and should law school clinics conduct them?
       Fordham Law Review, 67(1879), 4.

       The author, from the Columbus School of Law of Catholic University, discusses
       the use of multimedia techniques in pro bono at pro se clinics to reduce the
       requirements for legal representation among the poor.

       Currently available pro bono legal services do not meet the huge need for
       representation among the poor, and new techniques for meeting that demand are
       described by the author. Through the use of workshops, this article describes how
       the District of Columbia is educating lawyers who perform pro bono work on the
       new techniques of multimedia use in the courtroom. Videoconferencing,
       computer simulation and computer presentation techniques are seen as way to
       lower cost and speed the litigation of cases through the court system, allowing
       more pro bono work to be accomplished with less court time. No discussion is
       given on the technology, but the article focuses on how the pro bono workload
       can be made more efficient.

Beame, M., Jones, S., & Sapsform-Francis, J. (October 1994). Towards Usability
      Guidelines for Multimedia Systems, Second ACM International Conference on
      Multimedia. San Francisco, CA, 105-110.

       Written and presented in 1994, this article describes the guidelines for
       development of multimedia systems based on the current hardware and software
       technologies available in 1994. The goal of the article is to provide guidelines
       for development of multimedia system interfaces by maximizing flexibility and
       maintaining an acceptable user information display level.

       The authors begin with a differentiation of multimedia and hypermedia, a special
       case form of multimedia. Defining classes of media into five separate and distinct
       components, the authors define how humans respond to each stimuli and how
       information is transmitted using one or a combination of one or more
       components.
                                                                                          30


       This article provides a good groundwork for information processing from
       mutlimedia sources and indicates how possible jurors may process multimodal
       media presentations during trials. Key to presentation is design and an
       understanding of how humans process various stimuli and the effects of
       combinations of stimuli through multimedia.

Bearne, M., Jones, S., & Sapsford-Francis, J. (October 1994). Towards usability
       guidelines for multimedia systems. Towards usability guidelines for multimedia
       systems International Multimedia Conference: Proceedings of the second ACM
       international conference on Multimedia. San Francisco, CA

       The authors presented a paper at the conference indicating that previous work in
       HCI and usability systems demonstrates that considerable time is required to
       develop pertinent guidelines. Their contention is that the use of multimedia
       demans an understanding of the particular characteristics and limitations of users'
       attentional capabilities.

       The paper presents initial guidelines for designing multimedia systems, based on
       empirical findings from experimental psychology. Although dated, the
       psychological findings and processes are still relevant, and the reseach cited
       provides a good background for the conclusions.

Bench-Capon, T., & Dunne, P. (1997). Modelling legal documents as graphs.
      Information and Communications Technology Law, 6(2), 103-121.

       The authors, from the University of Liverpool, describe how multimedia
       techniques can be used to manage legal documents based on their representation
       as graphs. This paper is follows previous publications by the same authors that
       describe concepts of data graphs and textual storage rules developed earlier.

       This paper builds on the concept that documents stored in a graphic structure can
       be accessed easily in a hypertext environment. The mathematics, definitions and
       pseudo code presented define the data structure and retrieval techniques. The
       article closes with a presentation of a WWW browser and the preparation of a
       brief utilizing the functionality described in the article.

Bennett Jr., R. B., Liebman, J. H. & Fetter, R. E. (1999). Seeing is believing; Or is it? An
       empirical study of computer simuations as evidence. Wake Forest Law Review,
       34(2), 257-294.

       The authors perfomed an empirical study of a personal injury trial utilizing a
       Baseline and Variant structure to evaluate the effects of computer simulations on
       the deliberations and outcomes of juries. Mock jurors were used and were
       presented idential cases, one using only oral testimony, the other using oral
       testimony with computer simuation to augment the evidence presentation. Exit
                                                                                          31


       surveys were utilized with each jury toassist in calculating the differences
       between the Base and Variant measures.

       The article spends most of the space on the description and setup of the case,
       introducing characters of the trial, and elaborately describing opening statements.
       The complete trial is defined for the reader including testimony by each witness.
       The original hypotheses were not supported from the results of the mock trial.
       The main hypothesis was "juries allocate a higher percentage of fault based on
       computer simulations". The only conclusions made were regarding the credibiity
       of the simulation and the quality of the presented product.

Berkoff, A.T. (1994). Computer simulations in litigation: Are television generation jurors
       being misled? Marquette Law Review, 77(4), 829-846.

       This article gives a historical overview of the use of computer simulations used in
       court cases up until 1994, when simulations were very archaic compared to
       today's 3d simulations. The author starts with the Hexane Explosion case in
       Kentucky which used simulation for a gas explosion in Louisville.

       According to the case document, the jury was shown the simulation and the case
       was settled out of court in record time, less than two days. The author's points
       center on the impact of computer simulations in use at that time and the impact on
       juries with regard to specific cases.

       The author draws conclusions that indicate that jurors are swayed with the
       technology and that if it is on television, it must have merit. This article does not
       cite any research in that area, so the conlcusion is only based on the facts of the
       results of jury trials cited in the article.

Blach, R., Landauer, J., Rosch, A., & Simon, A. (July 1998). A Highly Flexible Virtual
       Reality System, Conference on Future Generation Computer Systems Special
       Issue on Virtual Environments. Elsevier, Amsterdam.

       This article outlines the requirements for a realistic virtual reality system.
       Designers of virtual environments require more and more input and output
       capabilites to present life-like multimedia and the virtual reality developers
       concentrate on the interaction and behavior of the interface.

       The authors describe a new architecture whose key features include support for
       new input and output media, device independence and rapid behavioral
       prototyping. Designated the Lightening VR system, the system is designed for
       industrial applications such as design reviews, marketing events and assembly
       planning.

Bloomenfeld, M. (1995). Forensic graphics - the art and science of graphic investigative
      work. San Francisco Lawyer, 36-41.
                                                                                         32



       This article is a guide for graphic investigators and how they should interface with
       police, fire amd other investigators on the case. Written in outline form, it is
       designed to be a checklist for those interested in develping skills in this area.

       Two main ideas are presented. The first is what information needs to be collected
       in order to develop accurate renditions of situations requiring graphical
       depictions. The field notes required and the method of collecting the data is
       reviewed, along with the working drawings development.

       The second idea presented is a trieste on how to effectively review the documents
       for fact and eliminate superfluous data for rendition in the working drafts, detailed
       pictorials and the final graphics.

       The article concludes with how the artist should validate the process with witness
       testimony, and then make mathematical and geometrical manipulations to
       accurately depict the scene in 3D.

       A well written article that could have been longer and continued to provide
       additional information on the process.

Borelli, M. (1996). The computer as advocate: An approach to computer-generated
        displays in the courtroom. Indiana University Law Journal, 71(439), 1-20.

       The author examines the use of computer simulations under the Frye, FRE and
       Daubert standards, the measurements for admissability of evidence in federal and
       state courts.

       The article reviews the use of computer simulations and the confusion about
       computers in the courtroom. Can the computer be used as a pedagogical device,
       assisting the jury in understanding facts presented, or is it merely an entertaining
       device that can confuse and hinder the presentation of evidence as in Bledsoe v.
       Salt River Valley Water user's Association where a bicyclist was injured in riding
       into a gate?

       In summary, the author states that computer simulations are not pedagogical in
       nature but are only extensions of previous testimony, and that the information
       portrayed by the computer is no more accurate than the person programming the
       simulation. Until artificial intelligence can provide insights beyond those of the
       creating programmer, unstanding that the use of computers as extensions of the
       witnesses is the primary focus of the technology.

Boulet, M., & Djeraba, C. (1998). Powerful image organization in visual retrieval
       systems. Proceedings of ACM Multimedia '98, 36(4), 315-322.
                                                                                          33


       The authors, researchers at Nantes University in France, presented the
       development of an image organization and retrieval process that has the
       provisions for use in perpetrator identification techniques using computer
       modeling. The system integrates in a single object-oriented database differing
       multimedia data types for visual recall and combination to form likenesses of
       people and objects.

       Methods in KDD (Knowledge Discovery in Databases) are described in the
       context of retrieving non-standard data elements such as color, shape and texture.
       A framework is proposed of image creation, storage and retrieval. Concepts of
       data mining such as „find images similar‟ or „extract characteristic‟ are used to
       develop perpetrator images. This replaces the sketch artist currently in use in
       most police precincts. The article defines the mathematics, rules and data storage
       required for the system, and its applicability to larger data base designs. The
       specific context image representations stored are discussed in relation to criminals
       and evidence use.

Boyle, J. R. (1994). State v. Pierce: Will Florida courts ride the wave of the future and
       allow computer animations in criminal trials? Nova Law Review, 19(371), 1-36.

       This article's main intent is to provide an overview and analysis of State v. Pierce,
       a fatal traffic accident on June 23, 1992, in which computer animation was used to
       depict the accident scene. The author provides both sides of the argument for and
       against the admissability of the evidence, where the state was presenting the
       computer animation and the defense was opposed to the introduction.

       The author's point is that at that time, the state of Florida did not have any laws or
       rulings on the admissability of such evidence and that the state must make its own
       rulings rather than rely on other state's findings. The animation was admitted and
       the prosecution won the case. On appeal, the defense stated that the State never
       established a procedure that the animation was acceptable in the scientific
       community. The appeal was lost and the conviction stood.

       The conclusions brought by the author indicate that the state of Florida, had they
       established computer animation rules, would have avoided the appeal and much
       trial time in admitting the evidence. The author indicates, that the time of the
       article, that the Fourth Circuit Court of Appeals needs to rule on the admissability
       issues to strengthen the lower courts.

Breaux, S. P. (2001). A primer on forensic animation. Washington State Bar News,
      12(10), 34-39.

       This article is a primer on the development and use of forensic animation for
       those involved in the creation of the multimedia evidence. Issues such as the
       animation process, motion, accuracy, framing and rendering are discussed in
                                                                                           34


       detail so that the novice can communicate with those doing the actual multimedia
       development.

       The author assumes that the reader has a knowledge of both evidentiary law and
       the basic concepts of multimedia. A knowledge of computers is also assumed as
       the article becomes somewhat technical very quickly in its description of the
       development process. It glosses over cost of production, and spends most of the
       time on the admissability of such generated evidence and the impact on the jury.

       A key statement made by the author is that the methodology used by the experts
       to arrive at the conclusions that should be subject to the standards of substantive
       evidence, as in differentiating between animation and simulation.

       The article closes with a discussion of the"achilles heel" of forensic animation,
       proving that the animation is an accurate depiction. Both sides of the argument
       are presented; how to incorporate forensic animation and how to challenge it.

Buie, E. (1999). HCI standards: A mixed blessing. interactions, 6(2), 36-42.

       This article from the ACM magazine interactions discusses why and how
       software standards need to be developed for user interfaces. Written as an
       introduction to HCI to new software developers, the author outlines the benefits
       of HCI standards and then lists the national and international standards institutes,
       the societies, web URLs and includes military and commerce and industry guides.

       Examples of poor designs are given along with the physical factors, and
       instructions on how to understand the recommendations as they relate to physical
       attributes of human subjects. Continuing with cognitive factors, the author cites
       examples of how to tailor design to specific knowledge, task and work
       environments.

       The author closes the article with a listing of where readers can find additional
       information on HCI standards. A well written article, it is for the novice to HCI
       and only reviews the most basic structures and concepts.

Butera, K. D. (1998). Seeing is believing: A practitioner's guide to the admissability of
       demonstrative computer evidence. Cleveland State law Review, 46(3), 511-532.

       The author discusses the use of computer simulations and multimedia evidence as
       demonstrative evidence. Unlike substantive evidence, demonstrative evidence
       can only illustrate or explain other testimonial, documentary or real evidence and
       cannot independently prove a fact. Demonstrative evidence is usually prepared
       uniquely for litigation.

       Computer simulations, animations, and virtual reality are discussed in context as
       to how each can be used as demonstrative evidence. The author gives reasons for
                                                                                        35


       utilizing multimedia in the courtroom (e.g. re-creation of a scenario would be
       dangerous) and closes with a discussion of the reliability of the simulation,
       quoting factors that determine the reliability of the simulation: 1) the hardware
       (equipment); 2) the software (instructions); 3) the manner in which the
       information was entered into the computer; 4) the presence or absence of quality
       control over the process; and 5) the presence or absence of a security system
       within the computer.

       The article contains numerous references and case studies to substantiate facts and
       support her conclusion that simulations are an integral component of case
       presentation.

Butz, A., & Kruger, A. (1996). Lean Modeling: The Intelligent Use of Geometrical
       Abstraction in 3D Animations, 12th European Conference on Artificial
       Intelligence. Stuttgardt, Germany.

       This paper discusses the applicability of automatically generated geometrical
       abstractions in the automatic generation of 3D animations under time critical
       conditions. There are two components outlined in the presentation, one for the
       computation of gemetrical abstractions and one for 3D animations.

       A number of projects have utilized 2D computer generated animations and
       narration tracks that have been dubbed in at a later time, but this research is in
       combining the 3D animation with natural language during generation time. The
       breakthrough in this study is the yield in detail control due to the 3D component
       and the expressiveness of the animation combined with the audio track. In
       addition, because of the generation of audio and video at the same time,
       computing time is reduced, although significant resources are required.

Carbine, J. E., & McLain, L. (1999). Proposed model rules governing the admissability of
       computer-generated evidence. Santa Clara Computer and High Technology Law
       Journal, 15(1), 49.

       The authors, McLain, from the University of Baltimore School of Law and
       Carbine, a private lawyer, discuss the components of computer-aided simulation
       in a multimedia environment to demonstrate evidence not available for
       presentation. A number of cases are cited, two of which are: 1) simulation of a
       hurricane striking a house with associated sound and simulated pictures and 2) a
       visual simulation of an airline cockpit crew with the real cockpit recording voice-
       overs.

       A discussion of the various components of multimedia including presentation
       software is given, with the merits and constraints of each. Software has increased
       in functionality since the article was written and many of the shortcomings
       expressed are now standard features.
                                                                                        36


Christian, A. D., & Avery, B. L. (1998). Digital smart kiosk project. Proceedings of CHI
        98, 155-164.

       The authors, researchers at the Cambridge Research Laboratory, discuss the
       development of a smart kiosk that sense their environment and communicate with
       clients in an interactive mode. The development of the smart kiosk provides a
       human-computer interface (HCI) that is conducive to the task, either mall
       shopping or criminal probation registration.

       Project design criteria included awareness of operator, an interface that presented
       information in multimedia format, and has components that withstand the
       environment. This was noted to be different for probationary use rather than
       shopping mall use. The use of the kiosk in the criminal justice environment
       requires a telecommunications link to a host for data access, and uses multimedia
       to „entertain‟ the user while data transmissions occur.

       The aware information kiosk is currently in use and this author has accessed such
       a kiosk. The article, written in 1998, is already dated due to the significant
       advances in this field.

Cotton, F. B. (1994). Justice applications of computer animation. SEARCH Technical
       Bulletin, 2(4), 6.

       This article is a primer on the emerging technologies in 1994 for computer
       simulation in the areas of criminal justice, including court evidence presentation
       and criminal investigations. The article cites a number of corporations who
       specialize in the development of forensic evidence.

       Law enforcement use of computer simulation centers on the recreation of the
       scene or event in order to provide an increased understanding of complex events
       that surround the incident. Mathematical computations of time, rate, distance,
       spatial relationships or combinations of these lend themselves to the use of
       computer simulation. The author outlines individual costs for components of the
       equipment to provide these features and the training involved to develop accurate
       scenarios.

       The article closes with a review of a particular software package that was used for
       animation of full color, shaded and 3d rendered events. Price and hardware
       requirements are provided, although they are in 1994 pricing and hardware
       availability.

Court of Appeals of District of Columbia (1923). Frye v. United States.

       This article is judgement of the Court of Appeals of the District of Columbia
       rendered by Justice Van Orsdel regarding the appeal of a case involving a
                                                                                           37


       conviction of the crime of murder in the second degree and the appeal on the use
       of evidence.

       The defendant offered expert witness testimony to testify to the result of a
       deception test made on the defendant. The test, a systolic blood test, and centered
       on the fact that fear, rage and guilt will raise blood pressure and therefore is an
       indication of guilt. The use of an expert witness and their admissability is the
       foundation of the appeal. This appeal and its ruling has become the standard to
       which all presented evidence has been judged.

       The ruling states " when the question involved does not lie within the range of
       common experience or common knowledge, but requires special experience or
       special knowledge, then the opinions of the witnesses skilled in that particular
       science, art, or trade to which the question relates are admissable in evidence."

Crehan, M. J. (1997). Seating the blind juror. Judicature, 81(3), 104-110.

       This article describes the requirements for accomodating jurors who have
       disabilities and some of the remedies available to allow handicapped individuals
       to perform on juries. The article mainly focuses on the visually and hearing
       disabled and how, through multimedia, the court can accommodate the juror.

       Multimedia persentation techniques have not been exploited to the point of
       assisting jurors in seeing or hearing evidence presented. Most multimedia used in
       the courtroom is for demonstrating evidence and utilizing technology to
       emphasize a point made by the legal team. With the use of visual and aural
       multimedia techniques, the author describes how visually impaired jurors can
       understand evidence presented, and how the deaf can utilize subtitles on display
       screens to follow testimony and legal statements.

       The article closes with describing cases where such an implementation would be
       beneficial and scenarios where the implementation has been tested.

Cunningham, B. (2000). Covering crime the internet way. Columbia Journalism Review,
      38(6), 25-26.

       The author, a professor of Journalism at Columbia, provides insight into the
       operation of APBnews.com, a crime and criminal justice news Web site. Not a
       scholarly article, it is a description of the approach and data stored by
       APBnews.com utilizing the web, and the ability to deliver multimedia of crime
       and criminal justice to attorneys, courts, and other justice system components.

       Offerings of the news service are a 360-degree photographic tour of the vestibule
       where NYC police shot Amadou Diallo and online video of aerial shots from TV
       helicopters. This author visited the site and utilized some of the multimedia
       delivery mechanisms. The playback was easy to use and on par with other fast
                                                                                            38


       access multimedia web sites. The differing factor is the criminal justice content
       and multimedia facilities.

Dees III, T. M. (2001). Juries: On the verge of extinction? A discussion of jury reform.
       Southern Methodist University Law Review, 54(1755), 1-60.

       This article is a synopsis of other research in jury reform. The author begins with
       a history of the jury system and various studies into jury reform innovations, with
       such innovations as juror privacy and independent review of the evidence without
       the input of other jurors.

       The article is short on discussion and long on presentation of new juror
       procedures. A number of appendices are listed with recommedations for changes
       in the jury system based on author research.

Delancie, P. (2000). Real virtual - inside information 3D. Digital Video Magazine, 8, 18-
       32.

       The author, an editor for Digital Video magazine, discusses the use of digital 3D
       animations for uses other than entertainment or commercials. Specific mention is
       of converting blueprints to AutoCAD files as input to 3D development software
       that displayed the layout of a property used in a court case. The generated 3D
       video displayed a property and allowed the court to „see‟ the path of a murder
       suspect as they entered the house. A number of photos accompany the article.

       The article explains clearly the technique of developing a 3D multimedia image
       and the requirements for court use. Although the article is from a trade
       publication, it is well written and defines the multimedia use in technical terms.

Devine, D, J., Clayton, L. D., Dunford, B. B., Seying, R. & Pruce, J. (2001). Jury
      decision making: 45 years of empirical research on deliberating groups.
      Psychology, Public Policy and Law, 7(622), 1-106.

       This article is a review of the research on jury decision making published between
       1955 and 1999. A total of 206 studies involving deliberating juries (either actual
       or mock) are grouped into 4 categories based on the variables involved. The
       results indicate that there are a number of key factors that affect jury processes:
       definintion of legal terms; verdict and sentence options; trial structure; jury -
       defendant demographic similarity; jury personality composition; jury attitude
       composition; defendant criminal history; evidence strength; pretrial publicity;
       inadmissable evidence; and the initial distribution of juror verdict preferences
       during deliberation.

       An indepth study of each of the key factors is presented and research in each area
       is summarized. The findings indicate that reforms need to be made within the
       system to enhance the juror education process, notably the presentation of
                                                                                           39


       evidence in a manner that relates to the individual's level of comprehension, but
       that has the ability to generate long term memory factors.

Dilworth, D. (1998). Is technology changing civil justice? Trial - Journal of the
   Association of Trial Lawyers of America, 34(3), 40-47.

       The author, associate editor of the journal Trial and a colleague of Frederic
       Lederer, another noted professor of law studying courtroom technology,
       interviews Dr. Lederer via teleconference about the use of technology in the
       courtroom.

       Areas discussed include technology currently in use, what is in development in
       the Courtroom 21 Project at William & Mary School of Law, and the
       requirements of llaw school graduates today. Dr. Lederer indicates that lawyers
       must be computer competent to maintain their professional competency and that
       they must prespare for trial differently than in the past. CD-ROM briefs,
       depositions on DVD and videotape, and the recording of evidence for appeal are
       discussed. The author discusses the use of technology in the opening statements
       to the jury and how that may affect the jury deliberation process.

       The interview closes with a description of the problems courts will face when
       technology becomes the norm in the courtroom and how the judge, recorder and
       litigants must prepare for the delivery of evidence by such technology.

Ebert, D., Bedwell, E., Maher, S., Smollar, L., & Downing, E. (1999). Realizing 3D
       visualization using crossed-beam volumetric displays. Communications of the
       ACM, 42(8), 101-107.

       The premise of the article is to develop design criteria for making a 2-dimensional
       flat screen seem 3-dimensional. The article describes a fundamentally new
       concept called crossed-beam display (CBD) that enables data to be addressed as a
       volume.

       The advantages of this technology are defined in the medical field where two
       dimensional images are displayed of three dimensional data such as MRI, CT
       scans and ultrasound data. The author describes how the API layer of the
       software must be capable of receiving and parsing the 3D data into the hardware
       definitions.

       The article is very technical in its description of the required components to
       implement CBD technology. A discussion of pixelated surfaces and the specific
       electron beams that oscillate in both horizontal and vertial directions
       simulatneously are included.
                                                                                         40


Faraday, P., & Sutcliffe, A. (March 1997). Designing effective multimedia presentations.
       Proceedings of the CHI 97 Conference on Human Factors in Computing Systems,
       Atlanta, GA, 272-278.

       This presentation provides an overview of four studies regarding multimedia and
       the presentation technologies with regard to attention and comprehension. The
       first two studies are used to propose a set of design guidelines, and the other two
       studies were used to assess the impact of the guidelines by testing information
       recall with a re-authored presentation. The effect of both a mono and multimedia
       presentation were also studied.

       Studies used eye tracking systems and free recall to asses the presentations. Data
       collected included information types recalled along with the relationship of the
       components to the design.

       Conclusions indicate that design problems lead to comprehension problems and
       that improved design leads to increase in user attention. The authors make note of
       the fact that how attention and the viewing process can be controlled for effective
       information delivery, and the relationship between shrot term and long term
       memory recall can be enhanced through various multimedia techniques.

Fekete, J., & Plaisant, C. (May 1999). Excentric Labeling: Dynamic Neighborhood
       Labeling for Data Visualization, CHI Conference on Human Factors in
       Computing Systems. Pittsburgh, PA.

       This article discusses the use of labeling techniques for information visualization
       and reviews various concepts and their effectiveness in visual labeling.

       Using cartographic representation, the authors define requirements for labelings
       of graphical objects using static, dynamic and excentric labeling techniques.
       Experiments were defined and executed to identify problems with neighborhood
       labeling using a cursor-sensitive system to reduce interaction strokes.
       Algorythms were developed to randomize the placement of the labels and to
       extract label and position information for computation of optimum placement.

       The conclusions of the authors indicate that excentric labeling allows for the use
       of multiple levels of labels on dense visualization screens, thereby increasing the
       data presented without overloading the visual presentation. Uses include star field
       displays, and various types of maps.

Fogg, B. J., & Tseng, H. (May 1999). The Elements of Computer Credibility,
       Proceedings of the CHI 99 Conference on Human Factors in Computing Systems.
       Pittsburgh, PA, 80-87.

       This article discusses and defines credibility of computer systems and the HCI
       research performed on myths associated with computer credibility. It builds a
                                                                                           41


       credible foundation on previous works performed on computer credibility and
       provides additional areas where research is required.

       Specifically, the authors address credibility as the believability of the information
       presented by computers, including trustworthiness and the expertise factor
       associated with computer output. This credibility is attributed to computers when
       users find the information accurate and conversely they lose credibility when
       inaccurate data is presented. These attributes have overcome the old perceptions
       of infallible and faultless, and now users increase their credibility when computers
       provide information in unfamiliar situations, problem solving and the desire for
       information is strong.

       The article closes with terminology for investigating credibility. Specific terms
       for investigating credibility, trustworthiness and expertise are tabulated and
       aspects of investigating the system as a whole or component parts are defined.

Fulcher, K. L. (1996). The jury as witness: Forensic computer animation transports jurors
       to the scene of a crime or automobile accident. University of Dayton Law Review,
       22(1), 55-76.

       This article is one of the first peer reviewed articles on forensic animation. It
       provides a background on the development of the process, how the animation is to
       achieve its goal of recreating the evidence and the major differences between
       animation and simulation. This article is referenced by a number of other journal
       articles published since 1996.

       The concept of computer reconstruction is discussed relative to both animation
       and simulation. Numerous trial decisions are referenced where both types of
       computer generated evidence are used, and the resulting outcomes of the trials are
       summarized as referenced to the admissability of the evidence. The Frye decision
       is compared to the use of forensic multimedia and the ruling in the Daubert case
       (admissability of scientific evidence) is reviewed.

       In reviewing a study of what jurors remember from evidence presented in
       multiple modes, the author states that multimedia presentations to the jury will
       increase the retentive ability of jurors. The author discusses how some jurors
       view computers as the"ultimate arbiter of truth" and place weight on this means of
       evidence presentation.

       The author closes the article with discussions on jury instructions and pre-trial
       disclosure of forensic multimedia.

Galves, F. (2000). Where the not-so-wild things are: Computers in the courtroom, the
       federal rules of evidence, and the need for institutional reform. Harvard Journal
       of Law & Technology 13(7), 161-302.
                                                                                           42


       The author provides a parody on the popular childrens' book Where the Wild
       Things Are by Maurice Sendak about fears that remain until they are understood.
       The parody compares the boy in the book with the current use of computers in the
       courtroom and the fears associated with their use.

       The article begins with a review of the current technologies available to the
       litigator, from 2-dimensional drawings to the most current forensic animation.
       The author then outlines the current problems with the acceptance of computer
       animation and computer generated eveidence in court, both civil and criminal.
       Citing current court records, the courts today spend significant time in
       determining the admissability of evidence, and the author outlines the need for
       reform and how that reform should move through the courts.

       For the individual defense lawyer or prosecutor, the article defines how
       multimedia evidence should be presented, what questions to anticipate from the
       other counsel and from the judge, and when to introduce such evidence. An
       excellent article for new lawyers.

Ganzel, R. (1999). Digital justice. Presentations, 13(11), 36-48

       The author, Managing Editor of Presentations Magazine, describes the use of
       computer technology and specifically multimedia in the courtroom. A specific
       use of multimedia was described as the use of multimedia technologies in the O.J.
       Simpson trial, where computer driven animation and presentation systems
       provided time simulations of the defendant‟s movements to the jury. This system,
       developed by Trial Presentation Technologies, was simultaneously displayed with
       supporting documentary evidence on separate computer screens for judge, jury
       and counsel for the prosecution and defense.

       This is a magazine article rather than a literary journal and as such takes liberties
       on its quotes of effective use of multimedia in the courts. No scientific evidence
       is given to substantiate claims of using multimedia in the court system reduces
       trial time by 1/3. The author is fluent in multimedia but is not qualified on the
       subject of law and court processes.

Garzotto, F., Mainetti, L., & Paolini, P. (1997 July). Designing Modal Hypermedia
       Applications, Hypertext '97. Southampton, U.K.

       This presentation discusses how the authors developed a hypermedia system that
       utilizes varying modes of interaction to satisfy differing user requirements. Two
       modes are defined: a communications mode - the carrying of information to the
       reader, and the interaction mode - the way users interact with the application and
       use it.

       The authors demonstrate the concept through the use of a hypermedia system
       called "polyptych". This system uses mathematical functions to define the
                                                                                           43


       semantics of the commands. By using mathematics, the semantics can formally
       define and allow for definition of unique equations representing individual modes.
       Definitions include casual users, intentional users and specialists. By
       implemementing the individual functions on the various users, conclusions are
       drawn as to the mechanisms used.

       The results signify that systems must allow for tuning for each user and that
       flexibility in the design be considered at the outset. Using mathematical
       representations allows for dynamic tuning and implementation.

Gershon, N., & Page, W. (2001). What storytelling can do for information visualization.
      Communications of the ACM, 44(8), 31-37.

       This article elaborates and defines the concepts of information visualization
       through the use of storytelling by developing scripts and translating them into
       visual media that conveys the appropriate message. Much like a director, the
       development of the visual representation is performed to meet criteria established
       before the media is created.

       Understanding complex information can be conveyed using text, visual elements
       and the ability of humans to fill gaps where information is lacking. Visual
       sequences allow humans to interpret data and provide a smooth transition from
       one data element to the next, be it motion, transition or audible sound. This
       article defines much of the background information used in forensic multimedia
       and elaborates on the concepts as to why computer animation is effective as a tool
       for informing juries as to the sequence of events. In addition, it defines how
       multimedia can be used to provide missing information not readily seen from raw
       data.

Giannelli, P. C. (April 1999). Expert Qualifications & Testimony, Conference on
      Science and Law. San Diego.

       This article is an outline of the notes presented by the author at the Conference on
       Science and Law. The article has value due to the references and examples
       relating to points being made during the presentation.

       Significant points made are regarding the admissability of particular types of
       evidence, technology transfer, qualifications of experts, and the abuse of scientific
       evidence in the courts.

       The article is difficult to read without being present during the speech, but the
       references provided assisted in the definition of points made.

Gildin, G. S. (2001). Reality programming lessons for twenty-first centry trial lawyering.
        Stetson University Law Review, 31(61), 1-23.
                                                                                             44


       This article reviews and compares the "reality programming" on current network
       television with the use of computer animation in the courtroom. The author
       discusses the captivation of audiences with reality television and how that style of
       presentation will affect the jury in a trial.

       In examining movies and television, legal analysts may find insight into how
       precisely jurors will process information offered at trial. The author likens the
       trial opening to the opening broadcast of the nightly news and Sportscenter,
       captivating audiences with shock and snippets of data to come. Consequently,
       certain old school openers such as orientation of the jury to the trial process and
       pandering to the jury with homage for their service is considered now time
       wasting and speaking low to the members.

       Reality programming relates to direct examination as it appears to bring out the
       truth in an unscripted and unstaged manner, allowing the juror to absorb data at a
       faster pace without all the fluff of legalese. The article concludes with a
       comparison of Survivor vs. Big Brother and why the format for Survivor worked:
       isolated, facts that are not pertinent were not shown, and that the show was
       organized in a logical manner. In comparing this to the trial format of today, the
       author believes that lessons can be learned from reality tv and applied directly to
       the courtroom.

Goldman, J. (2000). The Oyez Project: U.S. Supreme Court Multimedia Database.
      Retrieved 7/14/00 from the World Wide Web: http://oyez.nwu.edu

       This web site, http://oyez.nwu.edu maintained by the author, a professor at
       Northwestern University, is a project of the Northwestern University and the
       National Science Foundation. This site contains the audio and some video of
       cases pled to the Supreme Court from 1955 to present. The medium is the
       Internet and Real Player for audio and QuickTime for video.

       An interesting feature provided by the site is the „tuning fork‟ concept to help in
       identifying Supreme Court judges when they speak. A short sound clip of each
       justice since 1955 is provided to assist the user in „learning‟ the voices. The
       author ascribes that the concept of using multimedia to hear the pleas is more
       effective than reading the pleas in printed form. This multimedia form provides
       the ability to hear voice inflections, pauses, and emphases, important in trial pleas,
       and is not available in printed material.

       The Oyez project does not specifically address the use of multimedia in the
       courtroom for evidence presentation, but is a project for using multimedia to
       capture trials in a format that can be reviewed using different media.

Goolkasian, P. (2000). Pictures, words and sounds: From which format are we best able
      to reason? Journal of General Psychology, 127(4), 439-461.
                                                                                        45


      This article is a summary of research performed on reasoning with data presented
      in a multitude of formats including spoken, pictured or printed. The concept was
      to have the subject provide an answer to a question about a scenario presented,
      and the question was presented either before, during or after the video scenario,
      and in one of the formats.

      Reaction time responses to the test questions favored the pictured scenario.
      Printed and spoken words were least likely to have retentive powers for the
      subject question, and the format differences were significant when displayed on
      the video screen as opposed to a different material or medium. A separate study
      not defined as thoroughly as the others was concerning multimedia presentations,
      and when they were compared with single-format conditions, did not provide
      additional retentive benefits.

Greek, C. (1997). CyberSociety: Computer-Mediated Communication and Community.
       New York:Sage publications.

      The author, from Florida State University, describes the use of the web and new
      media techniques for criminological research and distance education in
      criminology. A well-written book, it provides a number of insights on how
      technologically based communication is redefining criminology.

      The book describes the use of the Internet and search engines to find information
      and to verify evidence, and how multimedia can be used to portray evidence. A
      chapter is devoted to the use of multimedia games such as MystTM and Police
      QuestTM to train both police officers and lawyers on developing criminal justice
      skills. These games are multimedia rich and provide multiple paths and multiple
      outcomes, along with multi-player capabilities. The book closes with a discussion
      of distance education and its applicability to criminal justice education.

Guiberson, Samuel A. (1999). Technology and advocacy in the new technology
       courtroom. Southwestern University Law Review, 28(5), 405-410.

      Samuel A. Guiberson is a criminal defense attorney in Houston, Texas, whose
      national practice focuses on cases involving technology-oriented prosecutions and
      defenses. Mr. Guiberson is regarded as an innovator in the use of computer
      technology in litigation, having been responsible for courtroom and information
      technologies in some of the largest criminal cases, including the Oklahoma City
      Bombing trial of Timothy McVeigh.

      This article reviews the concepts that courtroom technology is not about installing
      technology in courtrooms but about people using technology within the courtroom
      to augment the prepared cases. Mr. Guiberson advocates that trial tactics are now
      information tactics and lawyers who use a multitude of means to present that
      information will have the upper hand with the jury. Mr. Guiberson states that
                                                                                        46


       lawyers are trained to write and speak words and to use this new technology
       requires a shift in their thinking and capabilities.

Hannaford, P. L., Hans, V. P., & Munsterman, G. T. (2000). Communicating with juries:
      The timing of opinion formation by jurors in civil cases: An empirical
      examination. Tennessee Law Review, 67(3), 627-652.

       This article presents three competing models of juror decision making as they
       pertain to the timing of opinion format. The conclusions developed indicate that
       education levels of individual jurors are likely to have some effect on the timing
       of juror opinion formation.

       Testing the hypothesis that 80% to 90% of jurors reach their ultimate verdict
       during or immediately after opening statements, the authors developed three
       models for jury decision making: Legal, Story and Schema-Tailored models.
       Each model is defined and identified with contemporary research. These models
       were then used in a methodology to test the hypothesis using each separately.

       The results indicate that there is a direct correlation between the number of times
       a juror changed their mind during the trial and when they made up their minds,
       I.e. the later they began learning, the later they solidified their verdict.

       A heirarchial linear model (HLM) was utilized to provide a statistical analysis
       technique, which is useful for testing theories. Having a limited number of
       variables (jury members and processes) allows for an accurate analysis. The final
       analysis show that the Story model was the most consistent in providing jurors
       with the methodology for verdict determination, and that this methodology
       provided the easier learning model.

Herra, F. J., & Rodriquez, S. M. (1999). Courtroom technology: Tools for persuasion.
       Trial - Journal of the Association of Trial Lawyers of America 35(5), 66-70.

       The authors, from the Georgetown University School of Law, discuss the
       importance of including technological media in the courtroom. They suggest the
       use of computer graphics, video conferencing and other multimedia forms to keep
       jurors interested in the case.

       The article is a primer on the components of multimedia and how each can
       effectively be used in the courtroom, and is easily read for the novice to
       multimedia. Examples are given regarding the use of computer simulations and
       how humans are visual learners and multimedia displays in the courtroom have a
       greater impact on juries than purely verbal presentations. The article closes with
       an overview of the possible objections that may arise in the use of the multimedia
       introduced as evidence.
                                                                                         47


Hy, R. J., & Venhaus, M. (1995). Academics in service to the legislature: legislative
       utilization of college and university faculty and staff. Public Administration
       Review 55(5), 468-474.

       This article is a summary of research performed in conjunction with the Research
       and Committee Staff of the National Conference of State Legislatures. The
       authors summarize their findings on how research is performed for state
       legislatures as it pertains to the use of university faculty and staff for state
       governmental purposes.

       A mail survey was utilized as the medium for information retrieval from specified
       legislative research agencies. The questionnaire included both open and closed-
       ended questions designed to provide specific answers and to elicit comments.
       Telephone contacts were utilized as a vehicle to ensure as many quesitonnaires
       are responded to by key personnel.

       Survey techniques are lacking in the article, as the focus is on public
       administrative use of academic resources. Conclusions are based on data not
       revealed in the article.

Imwinkelried, E. J. (2001). A minimalist approach to the presentation of expert
      testimony. Stetson University Law Review, 31(105), 1-20.

       This article reviews research into the effective use of expert testimony and the
       efforts required in preparation by the prosecution. defense and the expert witness.
       Attorneys must be cognizant of the necessity for preparation and the possibility of
       the "double-edged sword" scenario with expert evidence.

       A study by Dr. Elizabeth Loftus indicates that juries attach more weight to
       confident, impartial eyewitness testimony than to expert evidence, and that the
       use of computer simulations can be both if properly presented.

       The authors recite a checklist of how to present expert testimony, including the
       rules of evidence, alternate theories, manipulation of data and cross examination.
       Significant studies are referenced on jury overload and how to prevent the "loss of
       jury" syndrome.

Joseph, G. P. (1996). Virtual reality evidence. Boston University Journal of Science and
       Technology Law 2(12), 1-9.

       This article is a primer for the legal profession on the concepts of and use of
       virtual reality as evidence in the courtroom. It reviews the basic tenets of
       evidentiary law and the foundations that must be laid with the court to ensure
       admissability of such evidence.
                                                                                           48


       The author identifies four primary criteria that courts rely on for admissability of
       computer generated evidence: (1) Completeness of data; (2) Complexity of
       manipulation; (3) Routineness of the entire operation; and (4) Verifiability of the
       results. Mathematical models, simulation models, authentication procedures and
       scientific theory are reviewed as it relates to case law.

       The article closes with an analysis of the effects of such computer generated
       evidence on the jury. Proposed is a construct for incorporating jury interactivity
       with the computer generated evidence to maintain jury interest. Problems
       associated with such interactivity could lead to non-scientific manipulation of
       evidence and unregulated juror tests and experiments that are not pertinent to the
       case at hand.

       The article notes some very pertinent issues with using multimedia evidence and
       the concerns of jury interactivity.

Kassin, S. M., & Dunn, M. A. (1997). Computer animated displays and the jury:
       Facilitative and prejudicial effects. Law and Human Behavior, 21(3), 269-281.

       This article summarizes two experiments performed by the authors to assess the
       effects of computer animated displays on mock jurors. In both experiments, the
       participants watched a trial involving a particular dispute over a person falling to
       their death and judgment was required on accidental or suicide verdict.

       The evidence presented used forensic multimedia to display two variations. The
       first was to simply display the fall of the person with no animation, the second
       providing life-like animation, a more complex rendition. The hypothesis was that
       the more advanced the multimedia, the greater the chance of verdict for those
       presenting the evidence.

       The results indicate that the animation was less of a significant factor than other
       evidence, and that it only emphasized the other points made by the lawyers. The
       authors recommend that research continue in the area of when multimedia is
       presented in the trial and provide jurors the ability to control the playing of any
       multimedia evidence.

Kelly, M. C. & Bernstein, J. N. (1994). Virtual reality: The reality of getting it admitted.
       The John Marshall Journal of Computer & Information Law, 13(145), 1-29.

       This article is a history of computer animation up to the date written, 1994, and is
       a dated article as it is not technologically sound, yet provides legal history as to
       the admissability of computer generated evidence.

       The author uses the term Virtual Reality interchangeably with computer
       simulation, an error due to lack of knowledge of the two. The rest of the article is
       devoted to authentication of the evidence presented by VR and the probative
                                                                                          49


       value of the evidence. Conclusions of the author center on the facts that juries
       give undue weight to computer generated evidence and that misused and
       innacurate presentations may prejudice the jury.

Kenny, M. P., & Jordan, W. H. (2000). Communicating with juries:Trial presentation
      technology: A practical perspective. Tennessee Law Review, 67(3), 587-598.

       This article, written directly to the novice attorney planning to use technology in
       the courtroom, describes the steps required from planning to selection to
       development to admissability of technological evidence. It mainly discusses the
       use of videotaped images or testimony vs. computer animation and the effects on
       the jury of both. The authors, though addresssing novice attorneys, move quickly
       in to technology, especially in the areas of computer animation, where they
       assume a basic knowledge of terms such as differences between CD-ROM and
       DVD-ROM. The article continues in then to focus on trail management software
       that can be used to manage the enormous number of documents that are required
       for trail, and the pros and cons of several packages.

       The section on computer animation is effective and references numerous articles
       by other sources that complement the discussion, including creation, cost,
       admissability and standards for evidentialry procedures as they apply to
       animation.

Kissane-Gaisford, J. D. (1995). The case for disc-based litigation: Technology and the
       cyber courtroom. Harvard Journal of Law & Technology, 8(2), 471-507.

       This article is a discussion on how litigators have and can use disc-based
       technology (DLT) in the courtroom. Written in 1995, it is dated yet provides
       some foundations that are still current.

       The advantages of DLT center on expediency and preparedness for trial. Instead
       of carrying many boxes of documents into the courtroom, documents are
       converted to CD-ROM or laserdisc by scanning and accessed by computer and
       presented via video devices. The documents can be organized as to the flow of
       the presentation by the attorney and therefore are perceived by the jury as having
       more credibility.

       The author reviews the implications of using this technology and discusses how
       current judges have ruled on the admissability of evidence presented using this
       media framework. The rules of admission (Rule 103b) are reviewed and the
       benefits as seen by the author are reviewed in the conclusion.

Kousoubris, E. D. (1995). Computer animation: Creativity in the courtroom. Temple
      Environmental Law & Technology Journal, 14(257), 1-24.
                                                                                         50


       This article, dated with respect to current technology in use in computer
       animation, provides a background on what is computer animation, its use in the
       courtroom and how federal rules of evidence relate to the introduction of
       computer generated evidence.

       The author uses numerous case studies to define how computer animation is used
       and within each case, delineates how the judge ruled and what the outcomes were
       with regard to the introduction of such evidence. The author discusses a checklist
       of authentication issues for lawyers in admitting computer animations, which
       include factual foundations, scientific or technical theory, mathematical models,
       and the computer evidence foundation laid by the presenter.

       A summarization of many other articles on the subject written about the same
       time, the author attempts to provide a primer for the attorney who desires to
       investigate the use of computer animation.

Kuehn, P. F. (1999). Maximizing your persuaveness: Effective computer generated
      exhibits. Journal of the DuPage County Bar Association, 4(10) 1-5.

       This article discusses the research on juror's ability to be persuaded by the use of
       multimedia evidence in the courtroom. Research is referenced that concludes that
       as the complexity of the issues presented to a jury increases, the amount of
       interest, comprehension and retention decreases. The author's premise is that
       creating demonstrative evidence is a crucial task when preparing for trial since
       evidence is meaningless if not transmitted effectively and persuasively.

       The author's research into juror attentiveness signifies that to keep a juror's
       attention, the lawyer must stimulate the individual's mind without challenging it
       beyond the capacity to comprehend. Without stating specific research, the author
       describes HCI characteristics that equate to juror comprehension and attention:
       color, contrast, motion, relative position and unique focal points.

       The article is very well written and references scholarly journals outside the legal
       profession.

Lanctot, C. (1999). Attorney-client relationships in cyberspace: The peril and the
       promise. Duke Law Journal, 49(147), 112-116.

       The author, from Villanova University Law School, discusses in depth the use of
       digital technology in the practice of law. An introduction reviews why the
       practicing attorneys have not so much resisted but are unaware of the capabilities
       of multimedia technology in their practice. Surveys by the author substantiate
       this claim.

       The author discusses how the client and the attorney can utilize multimedia
       technology in developing briefs, casework and evidentiary data. Photographs can
                                                                                           51


       be scanned and sent via the Internet, as can video, and email can be used to
       transmit written documents that are time and date stamped for recording. The
       author compares and contrasts the benefits with the „pitfalls‟, such as the
       dispensing legal advice via the Internet and eliminating the computer as a faulty
       device in presenting evidence. The concept of the fax is universal to the legal
       profession, yet most law offices are only advanced technologically to include
       email. The author recommends that standards be set for lawyers to equip
       themselves with multimedia technology to improve their capabilities and
       responsiveness to the court and to their clients.

Lederer, F. (1998). Courtroom technology from the judge's perspective. American
       Judges Association Court Review, 35(2), 20-28.

       This article provides an insight into the use of technology in the courtroom from
       the view of the bench. Combining points from other articles written by the same
       author, Dr. Lederer highlights the definitions of a technologically equipped
       courtroom and the major components required.

       The author focuses on the expediency aspects of using technology and the
       benefits to the legal system. Economy, rapidity and recordability are the major
       components expounded in the article and the author relates these to the
       responsibility of the judge to ensure that justice is not compromised.

       In concluding the article, the author asks questions for further study regarding
       jury effects of television monitor presentation of evidence versus testimony, trial
       length, and prejudicial effects of large screen projection versus individual monitor
       viewing.

Lederer, F. (1997). High technology methods of presenting compelling, visual data at
       trial. New York Law Journal. 12(5), 3.

       The author, the Chancellor Professor of Law at William and Mary, discusses the
       various multimedia equipment required to present visual trial evidence. The
       author describes the various merits of presentation software including Microsoft
       PowerPoint and Corel Presentations, and the use of CD-ROMs for document
       distribution.

       Multimedia playback is reinforced in the article by developing a scenario whereby
       multimedia depositions are played that show a rolling transcript accompanied by
       the synchronized image and voice of the witness. Included is a description of the
       use of Omniview Photobubble. This process, created from specially taken
       photographs, produces a 360-degree digital image that permits a witness to
       describe the scene and display the view from any angle utilizing mouse
       technology. The article complements others written previously, as the author
       takes care not to repeat information previously published.
                                                                                            52


Lederer, F. (1999). Courtroom practice in the 21st century. Trial – Journal of the
  Association of Trial Lawyers of America, 35(7), 38-41.

       This article is a compilation of other articles by the same author, outlining the
       Courtroom 21 project at William and Mary School of Law. A scenario is
       developed for a mock court trial in the specialized courtroom and a complete
       description of the trial is given as it relates to the use of the technologically
       presented evidence.

       Certain statements by the author are presented as facts. For example, the
       statement that the use of courtroom technology provides trial durations of one-
       fourth to one-third shorter, and that this leads to less costly litigation. These
       statements are not supported by literature or research, but are based on
       assumptions developed from mock trials.

       The article is written in a non-scholarly mode, and little references are made to
       peer reviewed journals.

Lederer, F. (1996). Technologically augmented litigation systemic revolution.
       Information and Communications Technology Law, 5(3), 215-226.

       The author, Chancellor Professor of Law at the College of William and Mary
       Marshall-Wythe School of Law, examines key aspects of high technology
       litigation, including two way video arraignment and testimony. The article also
       discusses information technology augmented court records, and technological
       aspects of evidence presentation.

       Described in the article is the implementation of Courtroom 21, a technologically
       advanced courtroom employing commercially available technology to determine
       how technology can best be used to improve the different components of the legal
       system. The paper concentrates on three areas or multimedia use: court record,
       use of two way video and courtroom display.

       The article is very well written and concludes with questions relating to the
       pragmatic and critical jurisprudential issues relating to the use of multimedia in
       the criminal justice process. An extensive reference list is also provided.

Lederer, F. (1999). Trial advocacy: The road to the virtual courtroom? South Carolina
       Law Review, 50(1), 12-23.

       The author, Chancellor Professor of Law at William and Mary, discusses the
       adoption of multimedia techniques in today‟s courtrooms. This is one of a
       number of articles written by Professor Lederer on the use of multimedia in the
       courtroom and updates other articles written previously.
                                                                                         53


       This article discusses the courtroom as an information hub requiring instantaneous
       access to information from all sources utilizing intranet and Internet access to
       electronically filed data. The author discusses the changes that are required to
       present evidence electronically which include the transmission speeds required for
       full video capability, the use of digitized video, MP3, computer simulations and
       the hardware required for each.

Lederer, F. (September 1999). The Road to the Virtual Courtroom? Considerations of
       Today's - and Tomorrow's - High Technology Courtrooms, Sixth National Court
       Technology Conference. Los Angeles.

       The author, the Director of the Courtroom 21 Project at the College of William &
       Mary, hosted the conference to showcase the Courtroom 21 project that is
       designed to simulate the courtroom of the next century and the technological
       developments in the area of presentation and storage.

       The article, written as a summary of the oral presentation and visitation to the
       project, outlines the steps taken by the courts to implement the various media
       types into the courtroom. Using evidentiary procedures, the author explains how
       the rules of evidence can be used, and misused, in presenting forensic multimedia
       evidence.

       There is a great deal of review of the technology available, centering on display
       devices, storage media and and operation and placement of same. Other
       significant points are regarding the need for litigators to be knowledgeable in the
       use of the devices, understand the limitations, and how to use them effectively.
       The article proves significant worth in the references made by the author to peer
       reviewed articles and how they have built a foundation for his work.

Lederer, F. (1999). The new courtroom: The intersection of evidence and technology.
       Southwestern University Law Review, 28(2), 389-404.

       This article by one of the most recognized authors in computer evidence
       presentation discusses the issues of presenting evidence in court and how to object
       to the evidence presented by others. In reviewing both sides, the author attempts
       to develop American evidentiary law and define it as it relates to electronically
       presented and produced evidence.

       The author defines computer animations and summarizes the differing categories
       of computer produced animations. Summarized from other articles written by the
       author, conclusions center on the admissability of the evidence and a comparison
       to other nation's laws is provided.

Lederer, F. I. (1994). Changing litigation with science and technology. Emory University
       Law Journal, 43(1095), 1-23.
                                                                                          54


       This article, an early one in the Lederer series of articles on courtroom
       automation, discusses the use of technology in courtroom documentation and
       proceedings. The Courtroom 21 project is discussed and how it interfaces with
       the law school education of William and Mary School of Law.

       With regard to the pre-trail record, video uses of remote arraignments started in
       the early 1980's with the support of judges in Dade County, Florida who initiated
       two way television for misdemeanor cases. Complaints from defendant lawyers
       centered on the concept that video depersonalizes the contact between parties and
       intimidates some individuals. This is especially true in indigent defense cases.
       Additional technology during pre-trial centers on computer research in the
       courtroom for lookups of criminal records and sentencencing guidelines.

       During trial, real-time transcription useint computer-aided transcription
       equipment (CAT) provides near instantaneous transcripts both in written and
       computer-searchable electronic form. A distinct additional advantage is in
       providing this for the hearing impaired judge, juror, lawyer, defendant or witness.
       Video records are handled differently than audio, as a court order to either record
       or not record is generally required. The author states that many nuances of
       videography can portray witnesses or defendants differently than in real life.

       Information presentation, relative to forensic multimedia, was in its infancy in the
       early 1990s and scientific based pictoral information presentation was limited to
       storage of information for computerized recall, with little use of multimedia
       presentation. An early statement by the author is that scientific studies indicate
       that visual data may be more likely to be persuasive and more likely to be
       remembered thanother forms of information.

       The author concludes that the use of technology in courtrooms is inevitable and
       the degree to which the justice system acts to acquire technology is unclear and
       unpredictable. The article is accurate in its predictions and is a precursor to
       follow on articles by the author.

Leenes, R., & Svensson, J. (1997). Supporting the legal practitioner: Legal knowledge-
       based systems or the Web? Information & Communications Technology Law,
       6(3), 217-229.

       The authors, from the University of Twente in the Netherlands, describe the
       relationship between Legal Knowledge-Based Systems (LKBS) and the Internet.
       The article attempts to answer the question of the future of both technologies.

       LKBS have a longer history in the legal profession than the Internet, but the
       article describes the advantages the multimedia aspect of the Internet brings to the
       legal profession. LKBS are not designed to contain the multimedia content, nor
       do they have the presentation software such as web browsers and add-ins afforded
                                                                                           55


       Internet users. The advantages of the LKBS are AI and reasoning, not afforded
       from the web.

       The authors conclude with a weak assessment of an implementation of a
       combination of both tools. No concepts or recommendations are made, but a few
       problems of such an implementation are given.

Liska, A., & Messnew, S. (1999). Owens, C.J., Perspectives on Crime and Deviance.
       (1-260).Upper Saddle River, New Jersey:Prentice Hall.

       This book, written from a psychological perspective on the criminal and their
       patterns of behavior, provides a background on the development of the criminal
       justice system as it relates to the individual. This book provides insight to the
       research in forensic multimedia in the areas of prosecution, criminal act
       development, and reconstruction based on the criminal mind.

       At the end of each chapter, the authors provide a critique section of the particular
       perspective, which includes the theory behind the behavior, the research that has
       been performed in that area and the results of that research, and the social policies
       that reflect that behavior.

       The authors place much emphasis on the background of the individual and use
       peer studies in developing theories regarding the reasons why criminals commit
       such acts. Their theories on the relatioinships between social activities, success in
       life, and the economy are interesting reading, but provided little information for
       forensic multimedia. The reference list provided by the authors is comprehensive
       and proved useful for other sources.

Lohse, G., Biolsi, K., Walker, N., & Rueter, H.H. (1994). A classification of visual
       representations. Communications of the ACM, 37(12), 36-39.

       This article uses the premise that visual representations are data structures for
       representing knowledge and that such presentations can facilitate problem solving
       and discovery. The authors identify six major categories of data representations:
       graphs, tables, maps, icons, networks and diagrams. Research studies performed
       by the authors examined the effects of each of these representations.

       The authors proceed to describe their research methodology, subjects and results
       from visual representations of the various classes. Their conclusions indicated
       how different types of visualizations communicate knowledge and indicated
       which types have limitations and what they are. They suggest further areas of
       study regarding sub-categories and design effects.

       This study is relevant to forensic multimedia in that it indicates how various data
       representations are perceived and which are the most effective, in this case to a
                                                                                          56


       jury. Other later studies have indicated the results of specific data displays on the
       juror.

MacCoun, R. J. (1989). Experimental research on jury decision making. Science,
     244(10), 1046-1050.

       This article reviews the known studies on jury decision making processes and
       outlines the concepts as they relate to criminal litigation. Within the research
       parameters of the article, the author emphasizes the use of mock jury experiments
       to test certain hypotheses and refine theoretical models of the jury decision
       process.

       Specific experiments center on two phases of the process, the cognitive process
       that takes place in the courtroom and the deliberation and decision process that
       takes place in the jury room. These elements relate to one another within the total
       framework of the rendering by the jury, but each must be dealt with differently by
       the legal team. The author reviews each of these areas with respect to criminal
       trials, and relates the concepts to the civil trial.

MacEachren, A. M., Edsall, R., Haug, D., Baxter, R., Otto, G., Masters, R., Fuhrmann, S.
     & Qian, L. (November, 1999). Virtual environments for geographic
     visualization: potential and challenges, Conference on Information and
     Knowledge Management. Kansas City, MO, 35-40.

       This article discusses the use of virtual environment technologies in depiction of
       graphical visualization. A comparison is drawn to the current uses of
       visualization in scientific computing in areas such as real world object depiction
       (human body, aircraft flight, meterological data). This paper centers on the use of
       VRML language concepts for web based depiction and three dimensional
       navigable worlds through web browsers.

       The article describes the factors necessary for the virtuality of the display and
       center on the concepts of immersion, interactivity, information intensity and
       intelligence of objects. Using depictions of geographic virtual environments, the
       authors review the concepts of immersion in the virtual space, and the control the
       user can have over the display.

Massa, D. J. (March 1999). Using Computer Reverse Projection Photogrammetry to
       Analyze an Animation, International Congress and Exposition of the Engineering
       Society for Advanced Mobility. Detriot, Michigan.

       This article describes the use of computer reverse projection photogrammetry to
       obtain information from images that is not usually available to the human eye.
       Use of this process facilitates the analysis of a computer animation that depicts
       the reconstruction of an accident.
                                                                                          57


       Several digital analysis techniques are reviewed focusing on the CRPP
       methodology and illustrates their use. Specific aspects of animation validation
       and a description of the information required to accurately complete an analysis
       are also described

       The artilce also discusses specific types of animation validation, the computer
       software and hardware required to per form the analysis on a number of platforms
       is also reviewed.

       The article uses numerous visual images to augment the narrative. Discussions of
       various imaging techniques such as wire frame, semi transparent and parsed
       object methodology are outlined and contrasted with standard video.

Massa, D. J., & Barrette, R. W. (February 1998). Using three-dimensional digitization to
       model a vehicle. Using Three-Dimensional Digitization to Model a Vehicle
       International Congress of the Engineering Society for Advancing Mobility Land
       Sea Air and Space. Detroit, Michigan.

       This presentation describes the process of using coordinate measuring machines
       (CMMs), a broad classification of instruments whose purpose is to record position
       data for moving objects. The specific application described is using CMM for
       determining vehicle positioning information for vehicle accident data.

       Application of the process to forensic multimedia lies in the interface of the
       measurement data to simulation software. The author describes both in-house and
       consultant based services to accomplish the task. Included is a chart identifying
       the advantages and disadvantages of 3DD over traditional methodologies for
       accident reconstruction.

       The article closes with a description of how to convert the CMM data to usable
       form and a partial list of manufacturers of CMMs with modeling software.

Mayer, Richard E.; Heiser, Julie; & Lonn, Steve (2001). Cognitive constraints on
       multimedia learning: When presenting more material results in less
       understanding. Journal of Educational Psychology, 93(1), 187-198.

       This article outlines 4 experiments where college students viewed an animation
       and listened to concurrent narration explaining the formation of lightning. The
       study included various permutations of providing visual and aural data and
       measured the retentive capabilities of each combination.

       In summary, there were two experiments where retentitive powers decreased with
       increased multimedia channels. One was when summarized text was displayed on
       the screen simultaneously with the narration, and the other was when text on the
       screen duplicated the narration on the video. Better scores were achieved when
                                                                                           58


       the subjects could focus on the narration aurally and did not have to contend with
       reading and listening simultaneously.

Midanik, L. T., Rogers, J. D., & Greenfield, T. K. (1999). Face-to-face versus telephone
      interviews: using cognitive methods to assess alcohol survey questions.
      Contemporary Drug Problems 26(4), 673.

       The authors outline research strategies and comprehension problems using
       protocol analysis for determining frequency of alcohol consumption and
       drunkenness. Although the research is in the alcohol use field, the article
       provides significant research into the use of personal and telephone interviewing
       techniques.

       Studies referenced indicate that little research has been performed in the survey
       methodology arena regarding computer assisted telephone interviewing (CATI)
       and face to face interviewing. Findings by other researchers indicate that
       interviewees are more likely to provide personal information over the telephone
       than in face to face questioning.

       The article is valuable for its survey techniques and the findings of the CATI vs.
       face to face process. To its detriment, the sample size used by the authors is too
       small to make generalized evaluations.

Morell, L. (1999). New technology: Experimental research on the influence of computer-
       animated display on jurors. Southwestern University Law Review, 28, 411-415.

       This article provides an analyis of research performed in the area of juror
       influence by forensic multimedia presented during trial. The research was
       designed to compare the effectivenes of four modes of presentation on
       information retention and learning by a mock jury.

       The four modes of study were: (1) verbal only; (2) verbal with diagrams; (3)
       verbal with computer simulation; (4) verbal with diagrams and computer
       simulation. This research applies and supports previous research in the area of
       Dual-Coding Theory, where studies in educational psychology have been
       performed.

       The research found that pairing computer animation with verbal explanation was
       the most effective means to convey the required information when compared to
       traditional forms of presentation. The article is very well written, supports the
       research with statistical analysis, and defines additional areas for research.

Myers, B., Hollan, J., & Cruz, I. (1996). Strategic directions in human-computer
       interaction. ACM Computing Surveys, 28(4), 794-809.
                                                                                           59


       This article is a summary and overview of the historical foundations of HCI and
       strategic directions in HCI research. Although somewhat dated with regard to
       current HCI studies, the background information and the concepts are still valid.

       The focus of the article is on the benefits to development that time spent on HCI
       can pay in the development of computer systems. The authors cite examples and
       quantify them in dollar figures where adequate focus on HCI parameters provides
       rewards in the process. Areas including windows, hypertext, manipulation of
       graphical objects, and toolkits are discussed. Relating these concepts to definitive
       implementations, the authors identify research in each area and the benefits
       achieved.

       The article consolidates the research and relates it to the then current
       technological trends and how such technology supports and enhances the HCI
       factors. In closing, the authors state that the interest in HCI is very high and that
       research in HCI will tend to increase as the hardware capabilities increase as well.

Najjar, L. J. (1996). Multimedia information and learning. Journal of Educational
        Multimedia and Hypermedia, 5(1), 129-150.

       This article focuses on the use of multimedia for computer-based instruction and
       the trends towards studing how people learn using this methodology. The focus is
       on uusing specific multimedia to assist in learning specific kinds of information.

       Basing his study on the assumption that multimedia information helps people
       learn, the author provides analyses of studies of classroom lectureversys
       multimedia instruction, the instructional methodology, the interactivity levels of
       students, and the pace of learning.

       The findings indicate that students learn in specific situations where the dual
       coding theory is utilized and where illustrations are amplified by multimedia
       techniques.

       The article is an excellent compilation of a variety of empirical studies on the use
       of multimedia for learning specific information. The author closes with an
       unanswered questions section quoting previous studies that have unresolved
       problems.

National Institute of Justice (1999). Building knowledge about crime & justice: The
       2000 research prospectus of the National Institute of Justice. Report - Office of
       Justice Programs, 14.

       This report, issued by the U.S. Department of Justice – Office of Justice Programs
       outlines the mission, fiscal resources, strategic challenges and projects and
       programs for the next federal biennium. The focus of the report is to articulate
                                                                                          60


       and educate the public on the programs that will be emphasized with the funds
       received for the next two years.

       With regard to technology and criminal justice, the report is nebulous on
       specifics, but does iterate that new technologies in criminal justice are needed,
       and the use of computers and multimedia storage techniques are part of the
       overall plan. The National Law Enforcement and Corrections Technology Center
       (NLECTC) is charged with analyzing and using new technologies such as
       multimedia forensics and data image storage and retrieval.

       The report is a short 14-page overview of the direction and gives few specifics.
       Other reports are referenced and the reader is directed to individual reports based
       on specific areas of interest.

Nichols, W. (1996). Images of law and lawyers in the visual media: The unseen jury.
       University of San Francisco Law Review, 30(1055), 6.

       The author, a professor of cinema at San Francisco State Univeristy, provides a
       review of how lawyers, juries and the court system is perceived in the visual
       media, and how manipulation of that media can affect the real world. Using the
       movie "Twelve Angry Men" as the basis, a parallel is drawn between what is
       presented in cinema and the legal justice system.

       The essence of the article is that the use of the media can influence the viewer as
       to guilt or innocence perception by the use of camera angles, strategies, and
       subtleties of the expression. The author aserts that the role of the lawyer does not
       obviate the role of the jury, that even though a spectacular defense is presented,
       the jury must make the decisions based on facts, not perception.

       The article closes with assertions about how the movie does mimic real life with
       regards to the role of the jury. A discussion of social dynamics within the jury
       and the role of consensus building that must take place, based on the perceptions
       of each individual.

Nielsen, J. (May 1992). Finding usability problems through heuristic evaluation,
       Conference on Human Factors and Computing Systems. Monterey, California.

       The author presented his research comparing usability experts vs. non-experts in
       evaluating computing systems implementations, and compared these findings to
       double experts. The findings indicated that double experts provided the most
       accurate heuristic evaluations, better than standard usability experts.

       The article outlines the process for the heuristic evaluation, including setup, tools
       and evaluation criteria. The process provides an excellent basis for developing an
       heuristic evaluation including data analysis.
                                                                                         61


Ogloff, J. R. P., Lyon, D. R., Douglas, K.S., & Rose, G. (2000). More than learning to
       think like a lawyer: The empirical research on legal education. Creighton
       University Law Review, 34(1), 73-244.

       This article is an overview of what methodologies are most effective in educating
       lawyers in the process of legal education and the empirical research that has been
       performed in that area. The authors compare the current trends in lawyer
       education to those practiced in the past and compare the effectiveness of
       education in school versus apprenticeship.

       The authors review the characteristics of law school applicants and how success is
       predicted based on personality, attitude, and demographic information. Notably
       the authors did research into the areas of how students' performance was
       enhanced by the use of computer assisted education techniqes, and that students
       who used computer assisted eduation along with standard class periods scored
       significantly higher than those who only had standard coursework. In addition,
       students who received computer usage education in law school laboratories did
       significantly better than those who did not and that lab usage was much higher for
       thos educated in their use. The study only included three law schools as they
       were the only schools who offered specific computer education at the time of the
       research.

Paliwala, A. (December, 1998). Learning in Cyberspace, 5th International Conference
       on Law in the Information Society. Florence, Italy.

       Presented at the IDG conference and published in the Journal of Information, Law
       and Technology (October 29, 1999), the author focuses on the use of computer
       and information technology in legal education as it relates to pedagogical, social,
       cultural and technological changes in the legal system.

       Referencing a study by Brown, the author defines a shift in legal education from
       teaching to learning and the methods utilized, specifically multimedia education.
       Situational learning is defined as learning in the environment they are studying,
       active learning is learning through active interaction with the specified context,
       and reflective learning is reflecting on contextual interaction.

       The author relates these learning modes to the use of IT and how it facilitates the
       process. Examples of using streaming video and mpg files for courtroom
       simulations are explained and the studies performed in this area. The article is an
       excellent reference on multimedia in legal education.

Perkins, R., Belge, M., & Ehrlich, K. (1997). Expert Reviews: Design for Rapidly
       Changing Times. interactions 4(3), 23-30.
                                                                                         62


       This article outlines the requirements for the tasks of desinging an online network
       for the Interchange Online Network project for Ziff-Davis publishing. Heuristic
       evaluators were used to evaluate the designs for the online products.

       The authors compare and contrast the use of experts as reviewers as compared to
       the results of customer surveys about the product. The results indicate that each
       has their own place in the evaluation process, such as usability tests are best for
       first impressions but that customer interface testing provides usability
       functionality testsing that is unique to the product. Customers and experts in the
       field generally have more information on emerging trends than usability experts
       and therefore can evaluate products based on current technologies.

Petersen, M. G. (1998). Towards Usability Evaluation of Multimedia Applications. ACM
   Crossroads Student Magazine 4(4), 3-7.

       This article, published in the ACM Crossroads Student Magazine, discusses the
       main differences between multimedia applications and more traditional systems.
       The author discusses how the paradigm 'the more sophisticated the multimeda, the
       better' is false and utilizes various usability applications as reference.

       Utilization of media combinations not always provides the most accurate portrail
       of data, and often may cloud the intent of the developer. The use of combinatorial
       media may often inhibit interaction and navigation, causing distractions. Abstract
       representations of of data, such as through sounds, may provide a non-textual
       feedback system that works well in a single media format. But what other
       information can be conveyed utilizing the same media, and does it represent
       differing data?

       Type and quality of media also need to be considered as data representatives.
       Media literacy is a way of demonstrating how media developers can
       misunderstand the functionality required to represent data outside the developers
       frame of reference.

       The article closes with evaluation methodologies comparing low level issues and
       high level issues and how they must be combined to provide synergy.

Raeder, M. (1999). An introduction to evidence law. Southwestern University Law
       Review 28(2), 157-170.

       This article summarizes the impact of gender and race in evidence policy and
       builds a reference guide to the effects these components have on the court system
       today. A historical foundation is laid starting over 20 years ago when crimes
       against men were treated differently than crimes against women due to the
       presentation of evidence at trial.
                                                                                          63


       The author develops the theories and then introduces how the use of technology
       has changed this perspective. By developing the theme that effective use of
       technology requires effective education in the technology, the author and those
       referenced support the theory that limitless information is available to the attorney
       and the effective use of the technology contributes to the success or failure of the
       court case.

       The article closes with a review of essays by noted law professors and attorneys,
       including Frederic Lederer, and how they advocate the use of technology in the
       courtroom.

Roberts, D. J. (May 2000). Integration in the context of justice information systems: A
       common understanding. National Consortium for Justice Information and
       Statistics Sacramento, CA

       This report, prepared by the Deputy Executive Director for the National
       Consortium for Justice Information and Statistics, discusses the importance and
       capabilities of electronically integrating criminal justice systems in order to share
       critical data, documents, and images.

       The report focuses on 5 functional components of data sharing: Query; Push; Pull;
       Publish; and Subscribe. The report references a number of installations across the
       US where electronic integration of data has been successfully implemented (i.e.
       Colorado), and the sharing of multimedia data has impacted the incidence of
       crime.

       The report is designed for government agencies as a guideline for planning and
       procurements, and gives references to other government reports on criminal
       justice.

Robins, M. D. (1999). Computers and the discovery of evidence - a new dimension to
       civil procedure. John Marshall Journal of Computer and Information Law, 17(1),
       63-69.

       The author, an attorney in the technology and intellectual property practice group
       of a Boston, MA law firm, reviews the use of computers in the discovery phase of
       the litigation. A significant discussion is given to the use of the Internet and its
       multimedia capabilities in discovering facts, evidence, and portraying a picture of
       corporations and the image they present.

       The article examines opportunities and obstacles encountered by utilizing the
       Internet as a discovery vehicle. With the myriad of multimedia formats such as
       RealPlayer, MS MediaPlayer, and MPEG, the attorney is required to understand
       the capabilities and use them effectively so as to demonstrate them in court.

       The article is written as a guide to lawyers and has few scholarly references.
                                                                                            64



Rouda, R. H., Bailey, R. W., Heninger, S., & Krehel, G. (2000). Show, don't tell:
       Effective demonstrative evidence. Journal of the Association of Trial Lawyers of
       America, 36(4), 52-61.

       The authors, who are private attorneys, provide a description of 6 cases where
       multimedia was beneficial in the presentation of evidence. They state that
       conventional wisdom says that jurors‟ ability to connect with the client will be
       enhanced with the images the lawyer chooses to convey, and the technology used
       to present the message.

       Effective demonstrative evidence requires the use of visual communications trial
       experts for assistance in the strategy, design and preparation of multimedia
       presentations for court. These presentations are used in both court or for
       settlement conferences, and are developed for portability to be displayed on a
       multimedia PC. Requirements for this hardware are a PC with sufficient
       processor, memory and storage capacity for full motion video from CD or DVD,
       full audio, and presentation software programmed for maximum flexibility.
       Windows Media player, MP3, and one or more of the major presentation software
       packages are suggested. This concept also affords the ability to provide the same
       evidence in multimedia format to the opposing counsel as required by rules of
       law.

       This article is not a scholarly article, but is written from the view of trial lawyers
       who are experimenting with multimedia facilities for litigation. It provides a
       working insight into the structure of developing evidence in multimedia format.

Rounds, M. D., & Jensen, S. D. (1999). The Y2K litigation frontier: Litigating the high-
      tech case in the high-tech courtroom. Nevada Lawyer, 22(5), 1-6.

       This article outlines the use of high technology in litigating cases of various types.
       The types of cases discussed are; patent; copyright; trademark; and trade secret
       cases. Each cased is reviewed as to its substantive elements and the pertinent
       issues and how those relate to the specific type of case.

       Specific to the high tech courtroom, the authors note the "flair" involved in using
       the tools of a high tech courtroom. Written for the novice lawyer, the article
       describes the use of video, CD-ROM and other storage media for recall of
       documents and depositions. Notably, the article indicates the availablity of the
       tools such as court web sites, internet access at libraries, and the use of specialized
       companies to develop multimedia for presentation of evidence.

       An elementary article trying to cover a multitude of topics with a very shallow
       overview of each. Too much time is spent on describing the elements of the
       subject cases and little time on the title topic.
                                                                                           65


Samborn, H. V. (2000). Plenty of seats in virtual classrooms: "Webcasts' of judicial
      proceedings gaining - and educating - a wide audience. Journal of the American
      Bar Association, 86(1), 55-68.

       The author, a contributor to the Journal of the American Bar Association,
       discusses the popularity of televised trials in the United States. A brief article, the
       author discusses the merits of broadcasting court proceedings over the Internet,
       citing no facts or figures to support claims.

       RealPlayerTM, the Internet browser add-in for multimedia viewing is discussed
       and its applicability to viewing court proceedings. A short list of courts with
       televised proceedings is given along with the Web addresses for viewing. The
       author discusses the popularity of the use of multimedia for viewing trials, and
       discusses the effects of such media availability on the populace. This article is
       not written from a technical viewpoint, as it covers cameras in the courtroom and
       the effects of having Internet multimedia available for courtroom proceedings.

Samra-Grewal, J., & Roesch, R. (2000). The parole attitudes scale (PAS): development of
      a 15-item scale to assess attitudes toward conditional release. Canadian Journal
      of Criminology, 42(2), 157.

       This article focuses on the attitudes towards various aspects of the judicial system
       such as sentencinig, capital punishment and conditional release (e.g. parole). The
       author's views are from the Canadian perspective, yet are relative to implications
       in the United States.

       The article reviews the literature on sentencing bahaviors and popular attitudes,
       stating that limited research has been performed on the topic. Focusing on the
       statistical development of survey vehicles to asses the current beliefs, the authors
       review the general questions posed in previous studies, noting ambiguities and
       limitations in the existing surveys.

       The studies performed utilized a psychometrically sound philosophy of survey
       development using undergraduate participants. The process and procedure of the
       survey development and distribution are discussed with the results tabulated and
       conclusions presented.

San Agustin, J. (July 2000). Multimedia: An Investigative Tool, Commission on
      Accreditation for Law Enforcement Agencies. Schaumburg, IL.

       Presented by the Crime Multimedia Specialist for the El Paso County, Colorado
       Sheriff's Department, the author presents a homicide case and how the use of
       multimedia in the courtroom assisted the sheriff's department and the prosecution
       in solving the case and convicting the perpitrator.
                                                                                           66


       The author takes a simplified approach in the article, assuming that the audience
       has little or no understanding of multimedia. He explains the use of various
       software packages such as Corel Draw, Adobe Photoshop, and languages such as
       Visual Basic and how they are used to create the multimedia presentation. Little
       technical knowledge is provided, and the article focuses on the benefits of using
       multimedia within the courtroom. Examples are given of out of court settlements
       based on sharing the media with the defense, and how to arrange the courtroom
       for maximum impact with the jury.

Schmalleger, F. (2001). Criminal Justice: A Brief Introduction - Fourth Edition. Upper
      Saddle River, New Jersey:Prentice Hall.

       The author, head of the Justice Research Association and former professor of
       criminal justice, provides a complete text, web and research list for use as a text
       book in criminal justice. The text is divided into 4 sections: Crime in America,
       defining the criminal activity from 1900 to today; Policing, defining the legal
       aspects and issues of the police forces, victims rights, and sentencinig;
       Adjudication, outlining the history of the courts, the courtroom workgroup, trial
       and courtroom professionals; Corrections, outlining the probation, parole and
       community corrections systems, along with current issues within the prisons and
       jails.

       Part 3, Adjudication provides an excellent outline of the activities of the trial
       process, including state and federal courts. Two sections are very well written
       and provide assistance in the development of forensic evidence presentaion:
       Presentation of Evidence and The Expert Witness.

       The book is written as a primer and provides excellent information without author
       predjuce as found in other books on criminal justice. The author's description of
       the relationship of expert testimony to the jury is expecially beneficial to the study
       of the use of multimedia in the courtroom.

Schneiderman, B. (1998). Expert Reviews, Usability Testing, Surveys, and Continuing
       Assessments. Designing the User Interface: Strategies for Effective Human-
       Computer Interaction. (124-153).Reading, Massachusetts:Addison-Wesley.

       This chapter of the book discusses the concepts of the different types of
       evaluation methods for user interfaces. Each process is discussed in detail and
       techniques for effective evaluations are provided.

       Focusing on expert reviews as applicable for the evaluation of forensic
       multimedia programming packages, the comparative evaluation process is
       outlined. In addition, the section on surveys provides guidelines for examination
       of community to be tested and describes goals and objectives of a valid survey
       vehicle.
                                                                                            67


       The author develops throughout the different chapters user interface components
       relating to each type of interactive system, and provides research guidelines for
       testing individually developed interfaces, or in the case of forensic multimedia,
       testing complete software systems that provide user interfaces for manipulation of
       imagery.

Steinmetz, A., Nack, F., & Gershon, N. (1998 April). Innovative Interface Metaphors
      for Visual Media, Proceedings of the CHI-98: Human Factors in Computing
      Systems. Los Angeles, CA, 199.

       The conference proceedings are a summary of a workshop on information
       representations to increase the effectiveness of evaluating human factors of visual
       media.

       The authors describe the problem as one of non-representation of real world
       analytical tasks through the use of metaphors. Describing current research in the
       use of new tools such as Videostreamer, the article elaborates on the fact that
       current visualization research techniques have not provided new visual metaphors
       for representing pictoral information and defining the tasks that are supported.

       Significant concepts described in the article relate to the discussion of new
       standards for multimedia interfaces and if there is a need for definition of
       constructs relating to standardization of a reference model. The most critical
       question asked and discussed relates to the future developments in media
       presentation and how they can be adapted to the HCI model.

Strong, E. (2000). Technology tools in the courtroom: How to use them, and how to
       oppose them. Practical Litigator, 11(1), 15-21.

       This article discusses the rules of evidence as they pertain to the use of
       multimedia in the courtroom. Evidentiary procedures in both admitting evidence
       and opposing evidence are reviewed with respect to the federal rules of evidence
       and the prejudice and probative values of the evidence.

       When introducing or opposing evidence, the litigator must analyze the risk
       associated with the item, such as does it mislead the jury, duplicate evidence
       already presented, or confuse the main issue. Attorneys must understand the
       psychological concepts of memory to best create the multimedia so that it has
       maximum value. With regard to Rule 403, the opposing side may attack the
       credibility of the evidence presented and that instructions to the jury may not be
       beneficial to the presenting attorney.

       In summarizing the use of technology in the courtroom, the author states that
       attorneys who ignore the use of technology do so at their client's risk, as it will be
       more the norm than the exception that technology in the courtroom will be not
       only permitted, but expected.
                                                                                            68



Sugiura, A., & Koseki, Y. (1998). A user interface using fingerprint recognition - holding
       commands and data objects on fingers. A user interface using fingerprint
       recognition - holding commands and data objects on fingers, Proceedings of the
       11th Annual Symposium on User Interface Software and Technology Chicago, Ill.

       The authors, researchers at the C&C Media Research Laboratory at NEC in Japan,
       describe a new user interface for fingerprint recognition. The system expands the
       fingerprint recognition to include the differences among the ten fingers of a single
       person and identifies the finger that produced the print.

       This concept can be categorized as a multimodal user interface that enables a user
       to interact with a computer using such modalities as speech, gestures, facial
       expressions and eye direction. Each finger‟s print is assigned a particular
       function and that data object is stored with the finger‟s recognition data. This
       provides modeless operation, operation without visual acuity, minimization of
       buttons, and concealing commands from others.

       As a conclusion to a well-written article, the authors describe an experimental
       system of identification and 5 applications. The conclusion identifies areas of
       criminal justice that includes the application to security measures and the use of
       the system for kiosk implementation.

Sundt, C. (1999). Testing the limits: The CONFU digital images and multimedia
       guidelines and their consequences for libraries and educators. Journal of the
       American Society for Information Science, 50(14), 1328-1336.

       The author, a professor with the University of Oregon, explores the question of
       images traditionally employed and collected by educators and libraries within the
       context of copyrights. The tests involved the use of multimedia images,
       specifically video and audio, and their use as factual data in references to a trial.

       The article focuses more on the library storage of such media rather than the
       abstract‟s overview of copyright issues. A small mention of the use of such
       multimedia during a trial is given, but the emphasis is on permissions for trial, and
       the requirements for obtaining such approvals. A well-written article, it has too
       broad a spectrum with little depth in any particular area.

Sutcliffe, A. (2000). On the effective use and reuse of HCI knowledge. ACM
        Transactions on Computer-Human Interaction, 7(2), 197-221.

       This article attempts to prove that the fundamental mission of HCI is to bring
       psychology, sociology and other sciences into the design effort of computer
       interfaces, and that if does not, only technology is left and the usefullness of the
       design is lost. Designers need to know whether a component of a complex image
                                                                                          69


       in a multimedia design will be recognized, comprehended and provide useful
       information to the user.

       In discussing cognitive models, the author states that they will be an essential
       component for progrssing theory that underlies HCI, but have restrictions on their
       applicability to design problems, and that they becom severe in multimodal and
       multiuser interfaces. If such problems remain, the alternatives are to deliver
       usability by examples of good practices and reusable artfacts, a concept backed by
       research.

       The conclusion revolves around the application of theory into use. The author
       states that HCI will need to adopt new perspectives on delivering theoretical
       insights into designs and that design by reuse will become the dominant
       development paradigm.

Thibodeau, P. (1997). Computer-based-training, graphical user interface visual element
      design and development standards. Technical Horizons in Education Journal,
      24(7), 84-86.

       This article is a report on a study by the author on the use of computer based
       training and measurements of retention of students relative to certain parameters
       within the mode. The conclusion of the author is that retention increases
       substantially as the subject matter becomes more meaningful and nonn-
       threatening to the student.

       The author limited the focus of the article to visual element considerations
       associated with the use of video, text, graphics and animation, and interactivity.
       A significant item from the author's research in computer simulation is that in
       educating someone about the situation in technical terms, it is best to create the
       simulation in the first person. Regarding graphical simulations, since a realistic
       presentation in video animation may overburden or overcome the audience with
       too much detail, a computer simulation can eliminate the distracting elements and
       focus directly on the data to be presented.

       The results of the study indicate that simplicity is the key to visual training
       elements, and that sophisticated training technology does not augment the
       learning process if the data presented is cluttered with superfulous data or not
       focused on the immediate learning item.

Usery, D., Holmes, A., & Roberts, D. J. (2000 April). Planning the integration of justice
       information systems: Developing justice information exchange points. Planning
       the integration of justice information systems: Developing justice information
       exchange points, National Consortium for Justice Information Systems.
       Sacramento, CA.
                                                                                          70


       The authors, Specialists at the National Consortium for Justice Information and
       Statistics, outline the requirements for internal operational needs of criminal
       justice agencies to allow for the sharing of data nationwide and ultimately
       worldwide. This report compliments the report by Roberts, but outlines exchange
       criteria for data manipulation and interchange.

       The report, written in March 2000 contains information regarding current
       technologies for data exchange and the development of exchange models.
       Included are references to multimedia technologies for fingerprint and digitized
       photographic storage, kiosk usage, and the requirements for inclusion of such
       technologies in the overall criminal justice integrated solution.

       The report is targeted at state and local governments and is non-technical.
       References are given for additional information.

Villemur, N.K. & Sibley-Hyde, J. (1983). Effects of sex of defense attorney, sex of juror,
      and age and attractiveness of the victim on mock juror decision making in a rape
      case. Sex Roles, 9(8), 89-889.

       This article provides the results of a study by the authors into the effects of
       personal characteristics of various roles of personnel in a simulated trial. The
       authors utilized a mock jury and through the use of singular modification of
       variables, determined how those variables affected the decision of the jury.

       The study indicates that jurors are swayed by perceptions and that if those
       perceptions are developed during the trial, that influences can be made on the
       outcome. One conclusion by the authors is that as a mock jury and mock trial,
       some procedures may have been allowed whereas in a criminal trial, evidence
       presentation and admission may be different.

       This study provides a foundation for how some evidentiary procedures may affect
       juries, such as the use of computer animation and the representation of humans in
       the animation sequence.

Voorhees, M. (1999). Animation is not enough. National Law Journal 58(12), 2.

       This article is a synopsis of the Chrysler Corporation case involving a rollover of
       a Dod Minivan and the ensuing accident. The trial, held in 1997 in Charleston,
       S.C. used forensic animation to depict a child being thrown from the vehicle and
       the consequences of that action.

       The post-case debriefing indicated that the computer simulation combined with
       the eyewitness testimony was the turning point in the case. This was the first case
       where Chrysler lost in a judgment concerning faulty equipment. Prior trials did
       not include computer animation as evidence.
                                                                                         71


       The video production cost was approximately $30,000 and was transcribed from
       computer to video for slow motion playback and more control. The conclusion
       stated by the plaintiff who used the animation was that the computer animation
       doesn't have to be of very high quality, just credible.

Weber, M., & Gumhold, M. (1997 March). Developing municipal multimedia
      information system, 23rd Euromicro Conference. Budapest, Hungary.

       The authors, researchers at the University of Ulm, Ulm Germany, describe the
       development of a multimedia kiosk system for use as a stand-alone data-gathering
       device or as an Internet information terminal. An ATM based client/server
       system is described that uses intuitive and associative access modes.

       Applications such as paroled and pardoned criminals have access to check in and
       to utilize the Internet for communication with officers of the court and job search.
       The client/server structure allows for multimedia capture of large data files such
       as audio and video, along with transmission of kiosk-captured data to a remote
       repository.

       A dated article by today‟s kiosk capabilities, it presented many of the innovations
       associated with criminal justice kiosks referenced in current literature.

Webster, J. (1994). A step towards visual confidence. Technical Communications 28(4),
      715-716.

       The author reviews literature on the topic of visual illustration of scientific
       findings and elaborates on a set of design principles developed by E. Tufte, a
       statistician and graphics theoretician who incorporates art theory and research on
       perception.

       The major point made centers on how to interpret data to demonstrate, reinforce
       and explain, avoiding to improve on nature or diverge from the truth, which is
       critical to evidentiary presentation. In addition, the method of reproduction must
       be selected to ensure that technology does not overwhelm the substance or
       interfere with the original data defining the scientific message. Distortion of the
       data, eye comparisons, levels of detail and the integration of data and statistical
       and verbal descriptions also are defined as paramount to evidentiary presentation.

       An excellent article combining human perception and the presentation of data.

Weinreb, E. (2001). Note: "Counselor, proceed with caution"; the use of integrated
      evidence presentation systems and computer-generated evidence in the
      courtroom. Cardozo Law Review of Yeshiva University, 23(393), 1-53.
                                                                                         72


       This article identifies the concept of the integrated evidence presentation system
       (IEPS) and the estimation of its worth in organizing and presenting evidence, and
       the impact of that evidence on the outcome of the trial.

       Much of the article is devoted to the identification and description of the various
       components of the system, including DVD, scanners, and document storage
       systems. The author identifies and distinguishes between presentation systems
       and storage and retrieval systems, and how they can be used effectively to manage
       the presentation of the case.

       Designed as a primer for the novice lawyer who is interested in the concept, there
       is little new information for an article written in 2001.

White, J. M. (1999). Tech tools @ work: How lawyers are using a few of their favorite
       things. Law Practice Management 18(6), 22-39.

       This article is a synopsis of a few interviews with defense lawyers who explain
       how they are using technology in the courtroom to defend clients. The article is
       not written in journal quality and does not provide documentation to support
       claims made by those interviewed.

       The interviews provide case by case studies on the use of technology for a
       specific client. Most of the cases involve the use of networking to move
       documents between sites and while travelling, and the use of CD-ROM for
       storage of documents rather than the volumes of paper required for trial. Included
       are backgrounds on the lawyers and their speciality practices.

       The article is interesting due to the indications of how lawyers are using the
       various products currently on the market. Little in-house development of specific
       computer related products is done in the industry according to the author.

Womble, Carlyle Sandridge & Rice PLLC (1999). Law and DisOrder: Effect of
     Technology on Legal Services Industry.

       This article identifies the use of technology in a major law firm and the
       functionality it provides. Adoption rates, history, and spending are outlined. As
       an example, on average, a law firm spends approximately 2% of gross revenues
       per attorney on technology. Technology adoption does vary amongst law firms,
       but because most firms are structured as partnerships, there is a direct relationship
       between technology investments and take-home pay.

       The article presents statements from managing partners of law firms on their
       philosphy of technology adoption, and many of those interviewed are slow in
       adoption because attorneys do not want to sacrafice quality of service for leading
       edge technology. The author concludes that law firms will need to adopt
       technology to stay competitive, and that "some firms are way ahead of the curve."
                                                                                           73



Zevitas, C. (2000). Trying a case before liability is key to largest med-mal verdict in
       South Carolina history. Law Weekly, 99(20), 595-599.

       This article outlines the strategic use of evidence in a case of malpractice
       concerning an infant illness. Presentation of evidence was initially devised to use
       35mm slides which required over 300 individual photographs and charts, and then
       was transformed into a Powerpoint presentation at a cost of over $15,000.

       The plaintiff attorney decided against use of the multimedia presentation due to
       the age of the jurors, many of which were over 60 and would be intimidated by
       the technology. Ultimately the lawyers used chart paper and markers to make
       their points and won the case.

Zwier, P., & Galligan, T. (2000). Communicating with juries: Technology and opening
       statements: A Bridge to the virtual trial of the twenty-first century? Tennessee
       Law Review 67(3), 523-542.

       This article focuses on the use of technology in the opening statements made by
       both the prosecution and defense and elaborates on the effects on the jury. A
       number of scenarios are described using various multimedia technologies, how
       they are used, when they should be presented, and the re-use of the technology
       during the trial for added emphasis.

       The authors make significant points about the use of the technology. They
       suggest that the use of multimedia in the courtroom with require the lawyer to be
       better prepared and that the front end costs of trials may be higher initially, but the
       trial could last for a shorter length of time.

       Suggesting that juries may be lost with too much technology, the authors
       recommend that any multimedia that is used during the trial be available to the
       jury and that the jury be able to manipulate the multimedia during review. Such
       manipulations could be stopping, slow motion, reversal or zooming.
                                                74




               Appendix A



   Law Schools for Curriculum Evaluation



Albany Law School of Union University
American University College of Law
Arizona State University College of Law
Baylor University School of Law
Boston College Law School
Boston University School of Law
Brigham Young University Law School
Brooklyn Law School
California Western School of Law
Campbell University School of Law
Capital University Law School
Cardozo School of Law Yeshiva University
Case Western Reserve University School of Law
Chapman University School of Law
Chicago-Kent College of Law
City University of New York School of Law
Cleveland State University College of Law
College of William and Mary School of Law
Columbia University School of Law
Cornell University Law School
Creighton University School of Law
DePaul University College of Law
Drake University Law School
Duke University School of Law
Duquesne University School of Law
Emory University School of Law
Florida Coastal School of Law
Florida State University College of Law
Fordham University School of Law
Franklin Pierce Law Center
                                                   75


George Mason University School of Law
George Washington University Law School
Georgetown University Law Center
Georgia State University College of Law
Golden Gate University School of Law
Gonzaga University School of Law
Hamline University School of Law
Harvard University Law School
Hofstra University School of Law
Howard University School of Law
Indiana University School of Law in Bloomington
Indiana University School of Law in Indianapolis
Inter American University School of Law
John Marshall Law School
Lewis and Clark, Northwestern School of Law
Louis D. Brandeis School of Law
Louisiana State University
Loyola Law School of Law
Loyola University Chicago School of Law
Loyola University School of Law in New Orleans
Marquette University Law School
McGeorge School of Law
Mercer University School of Law
Michigan State University College of Law
Mississippi College School of Law
New England School of Law
New York Law School
New York University School of Law
North Carolina Central University School of Law
Northeastern University School of Law
Northern Illinois University College of Law
Northern Kentucky University College of Law
Northwestern University School of Law
Notre Dame Law School
Nova Southeastern University Law School
Ohio Northern University School of Law
Ohio State University College of Law
Oklahoma City University School of Law
Pace University School of Law
                                                       76


Pennsylvania State University School of Law
Pepperdine University School of Law
Quinnipiac College School of Law
Regent University School of Law
Roger Williams University School of Law
Rutgers University School of Law in Camden
Rutgers University School of Law in Newark
Saint Louis University School of Law
Samford University School of Law
Santa Clara University School of Law
Seattle University School of Law
Seton Hall University School of Law
South Texas College of Law
Southern Illinois University School of Law
Southern Methodist University School of Law
Southern University Law Center
Southwestern University School of Law
St. John's University School of Law
St. Mary's University School of Law
St. Thomas University School of Law
Stanford University Law School
Stetson University College of Law
Suffolk University Law School
Syracuse University College of Law
Temple University
Texas Southern University
Texas Tech University School of Law
Texas Wesleyan University School of Law
The Catholic University of America School of Law
The University of Alabama School of Law
Thomas Jefferson School of Law
Thomas M. Cooley Law School
Touro College
Tulane University Law School
University of Akron School of Law
University of Arizona James E. Rogers College of Law
University of Arkansas in Little Rock School of Law
University of Arkansas School of Law in Fayetteville
University of Baltimore School of Law
                                                        77


University of Buffalo School of Law
University of California Berkeley School of Law
University of California College of the Law
University of California School of Law in Davis
University of California School of Law in Los Angeles
University of Chicago Law School
University of Cincinnati College of Law
University of Colorado School of Law
University of Connecticut School of Law
University of Dayton School of Law
University of Denver College of Law
University of Detroit Mercy School of Law
University of Florida School of Law
University of Georgia School of Law
University of Hawai'i School of Law in Manoa
University of Houston Law Center
University of Idaho College of Law
University of Illinois College of Law
University of Iowa College of Law
University of Kansas School of Law
University of Kentucky College of Law
University of Maine School of Law
University of Maryland School of Law
University of Memphis School of Law
University of Miami School of Law
University of Michigan Law School
University of Minnesota Law School
University of Mississippi School of Law
University of Missouri School of Law in Columbia
University of Missouri School of Law in Kansas City
University of Montana School of Law
University of Nebraska College of Law
University of New Mexico School of Law
University of North Carolina School of Law
University of North Dakota School of Law
University of Oklahoma College of Law
University of Oregon School of Law
University of Pennsylvania Law School
University of Pittsburgh School of Law
                                                       78


University of Puerto Rico School of Law
University of Richmond School of Law
University of San Diego School of Law
University of San Francisco School of Law
University of South Carolina School of Law
University of South Dakota School of Law
University of Southern California Law School
University of Tennessee College of Law
University of Texas School of Law
University of the District of Columbia School of Law
University of Toledo College of Law
University of Tulsa College of Law
University of Utah College of Law
University of Virginia School of Law
University of Washington School of Law
University of Wisconsin Law School
University of Wyoming College of Law
Valparaiso University School of Law
Vanderbilt University School of Law
Vermont Law School
Villanova University School of Law
Wake Forest University School of Law
Washburn University School of Law
Washington and Lee University School of Law
Washington University School of Law
Wayne State University Law School
West Virginia University College of Law
Western New England College School of Law
Western State University College of Law
Whittier Law School
Widener University School of Law
Willamette University College of Law
William Mitchell College of Law
Yale Law School
                                                                                            79



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