Tip the Scales

New Tech in Schools

We thought this technology was particularly interesting.  It deals with mosquito (aka bumblebee) frequencies and there application.  Adults over 30 can’t here the noise and the applications are interesting.  Could it this technology affect the courtroom before long?-

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From National Public Radio:
The war between teens and authority figures has a new — or old — front: ears. British shopkeepers tired of teenage loiterers have turned to the Mosquito teen repellent, which emits a high-pitch frequency that most teenagers can hear — but not most adults.

But now teens have struck back against the Mosquito: They are using the same sound to communicate without adults’ knowledge.

At issue is a text-message ringtone that emits the same pitch as the Mosquito. Using it, students can learn about a new message while they’re in class — where they’re not supposed to be using their cellphones. Most of their teachers can’t hear the alert.

Inventor Howard Stapleton, creator of the Mosquito teen repellent, says only a few people over age 30 can hear the Mosquito’s sound. He and his 16-year-old daughter Isabel talk to Melissa Block about the sound, which has been dubbed “Teen Buzz.”

From the NY Times:

The technology, which relies on the fact that most adults gradually lose the ability to hear high-pitched sounds, was developed in Britain but has only recently spread to America — by Internet, of course.

The cellphone ring tone that she heard was the offshoot of an invention called the Mosquito, developed last year by a Welsh security company to annoy teenagers and gratify adults, not the other way around.

It was marketed as an ultrasonic teenager repellent, an ear-splitting 17-kilohertz buzzer designed to help shopkeepers disperse young people loitering in front of their stores while leaving adults unaffected.

The principle behind it is a biological reality that hearing experts refer to as presbycusis, or aging ear. While Miss Musorofiti is not likely to have it, most adults over 40 or 50 seem to have some symptoms, scientists say.

While most human communication takes place in a frequency range between 200 and 8,000 hertz (a hertz being the scientific unit of frequency equal to one cycle per second), most adults’ ability to hear frequencies higher than that begins to deteriorate in early middle age.

“It’s the most common sensory abnormality in the world,” said Dr. Rick A. Friedman, an ear surgeon and research scientist at the House Ear Institute in Los Angeles.

But in a bit of techno-jujitsu, someone — a person unknown at this time, but probably not someone with presbycusis — realized that the Mosquito, which uses this common adult abnormality to adults’ advantage, could be turned against them.

The Mosquito noise was reinvented as a ring tone.

“Our high-frequency buzzer was copied. It is not exactly what we developed, but it’s a pretty good imitation,” said Simon Morris, marketing director for Compound Security, the company behind the Mosquito. “You’ve got to give the kids credit for ingenuity.”

British newspapers described the first use of the high-frequency ring tone last month in some schools in Wales, where Compound Security’s Mosquito device was introduced as a “yob-buster,” a reference to the hooligans it was meant to disperse.

Trial Technology Impact Info by Dean Bennett

We got this article through the American Society of Trial Consultants email feed.  It was written by Dean Bennet for News 880am in Canada.  I think you will find it interesting at the very least.

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Technology changing courtrooms, but issues of fairness being raised

http://www.inews880.com/Channels/Reg/CyberCorner/Story.aspx?id=1041041

By Dean Bennett

11/19/2008

Ladies and gentlemen of the jury, have you Twittered a verdict?

It hasn’t yet come to that, but cyber-technology is slowly gaining a foothold in courtrooms with more lawyers relying on PowerPoint presentations, high-tech graphics and various software programs to make their case.

At the same time, issues surrounding judicial fairness and the impact of technology on juries are being raised.

“I think jurors are expecting more technology in the courtroom,” said U.S.-based jury consultant Sonia Chopra.

“Because people see it in their daily jobs, in television and online, they expect to see it in a trial, particularly if it’s a trial of any weight at all,” said Chopra, from Oakland, Calif., who interviewed jurors as part of research at B.C.’s Simon Fraser University.

Years earlier, she said, a litigant who didn’t want to look too slick would eschew a PowerPoint show. “Today, jurors think (no PowerPoint) looks bush and ill-prepared.”

The issue of the impact of the information age on the judicial process moved centre stage earlier this month when the top judge in England publicly wondered if people raised in the point-and-click school could absorb information as jurors from a process steadfastly grounded in the oral tradition.

“Orality is the crucial ingredient of the adversarial system,” said Lord Igor Judge in his remarks at the University of Hertfordshire. “Witnesses speak and answer questions. Counsel speak and address the jury. Judges speak and give directions.

“What will happen to our oral tradition? Should it, will it, be forced to change?”

The results of inattention can be expensive.

In Sydney, Australia, this summer, a $1-million drug trial was scrapped after hearing evidence over three months when it was discovered five of the jurors had been passing the time in the jury box playing the numbers game Sudoku.

Law professor Sanjeev Anand says the system must become more interactive and user-friendly.

“People are learning more visually than they have in the past, but there’s no studies to suggest the young people on juries can’t digest information,” said Anand, with the University of Alberta.

One solution, he said, is to reform paternalistic elements inherent in the justice system. For example, he noted, Canadian jurors are allowed to ask questions during the trial, but judges don’t regularly advise them they can do so.

“We need to make it a more active process,” said Anand.

Chopra agreed, noting that improvements are hampered by a centuries-old legal tradition that some judges are loath to change for fear of setting the wrong precedent.

“The way jurors are expected to process and learn information has been problematic for a long time,” said Chopra.

“We’re not used to just sitting there and being lectured at. I don’t think it has as much to do with being Internet- and technology-savvy as that’s just not the way most human beings learn.”

But David Paciocco, a criminal law professor at the University of Ottawa, says judges need to proceed cautiously because technology also has the ability to unfairly tip the legal playing field.

A judge, he noted, has to consider fairness. He or she must prevent, for example, the scenario of a prosecutor with a big budget dazzling jurors with a PowerPoint show only to be followed by a budget-challenged defendant reading from a yellow legal pad.

“There is always concern about creating an imbalance between the parties in terms of access to technology,” said Paciocco.

“There are some legitimate concerns and issues, but one of the things we could really stand is a very efficient and effective jury study _ but in Canada we’re not allowed to do it because jurors are not entitled to discuss their deliberations.”

Toronto lawyer and legal author Michael Cochrane said until that changes, all reforms are speculative at best.

“No one,” he noted, “is keeping track of what the impact of some of this technology is on jurors.” (Canadian Press, blb)

Trial Presentation Software Pro’s

The best way to efficiently organize and present evidence during a trial is with one of several trial presentation programs (Trial Director, Sanction, Visionary).  Like most of the trial presentation software programs, Sanction by Verdict Systems allows the user to scan evidentiary documents, photos and other images into a database for quick electronic identification, access and display.  Legal video clips can also be included in your database whether it be video deposition testimony, surveillance footage, computer animations, legal graphics etc.

One way, trial presentation software is set apart from non-legal presentation programs is the ease with which I can create a clip from a video deposition.  For example: say you wish to impeach the credibility of a witness during cross-examination with their video deposition testimony.  Instead of reading that particular segment of questions and answers from the transcript, you can quickly ‘cut out’ the clip you want to show (i.e. – page 56, line 19 through page 57, line 8 ) and the jury can see and hear for themselves as the witness contradicts themselves on the big screen.  It’s hard for your opposition to dispute what jurors saw with their own two eyes.

It helps a juror’s understanding of your arguments when you are able to zoom in on the specific portion of a photograph or highlight the relevant paragraph(s) on a crucial document.  Having the right trial presentation software will allow your trial technician to do those things and more.  Technical competency goes a long way with the modern jury as they are used to seeing trial presentations on television series (CSI effect).  Electronic Discovery will help organize exhibits for trial and proceedings will move along faster as a result.  Get with the program….the trial presentation program!

Legal Videographer Expectations

Have you ever seen a legal videographer sitting in the corner, hiding behind their camera and recording studio; typing away on his laptop, reading the latest sci-fi novel, or even sleeping!?  Legal Videographers are an integral part of the deposition process and should behave as such.  To often there is a huge disconnect between the responsibilities and duties of the legal videographer and the level of integrity and professionalism displayed.   Expect more!

A competent and properly trained legal videographer will be fully engaged, monitoring audio levels and ensuring that the legal video record is complete and accurate.  As a rule, Legalsized Videographers always keep ‘minutes’ of the video deposition, noting every objection, exhibit, and the hour/minute/second we go on and off the record.  The information we record generally comes in handy at some point during discovery and when a particular video deposition sees the inside of a courtroom, an objection log will help attorneys quickly and efficiently redact any testimony that the judge sees fit.

A stenographer will have the opportunity to clean up their transcript, correcting any errors they may find.  Legal Videographers, on the other hand, have only one chance to capture the witness on camera.  It is essential that every legal videographer maintain a fail proof double back-up recording system that allows for the unexpected technological malfunction. 

The code of procedure varies from state to state, regarding the requirements and expectations of a legal videographer.  Be sure that the legal videographer you choose is properly certified and able to perform all of his or her duties.  A few states require the legal videographer to also be a notary public (under certain circumstances), commissioned by the state to administer an oath.  Check your local code of procedure or call Legalsized Inc. at 888.997.7755 to learn more about your states rules of admission.

History Class vs. History Channel

Few people looked forward to high school history and science classes. Most people daydreamed, doodled, and otherwise “checked out.”  So how is it that the same general public has made the History channel and the Discovery Channel two of the highest rated cable networks?

The answer is simple: producers have found a way to make learning history and science enjoyable.  Historical events and complex scientific discoveries come to life with the use of 3-D graphics, computer animations and other visual effects.  The result is educational, engaging, informative, and stimulating entertainment.

The average television viewer is no more interested in basic history and science than the average high school student; the difference is delivery.  The Discovery and History channels provide the same information in a format that is both entertaining and easily understood.

A jury box is filled with those very same disinterested former high school students; now they are grown and have REAL distractions in their lives.  Juries are full of skeptical individuals whose participation is appreciated but attendance is still mandatory.  Everyone has a notebook and the back row is still constantly on the verge of napping (especially after lunch).

Thanks to television crime dramas, some jurors approach their civic duty with reserved anticipation, but long-winded arguments void of visual stimulation leave them confused, overwhelmed, and too often bored.   Effective legal presentations and legal graphics help jurors stay engaged, boosting information retention and improving comprehension.

It’s “back to school” for lawyers who want the legal edge and the victory.  Teachers across the country are using technology to improve the educational process. Take a page from your child’s teacher and give those 12 eager minds in the jury box something truly engaging, visually speaking.

OJ Simpson Vegas Trial & Legal Video

The prosecution team for the O.J. Simpson armed robbery case displayed trial presentation cunning yesterday.  During direct examination of one of OJ’s co-defendant-turned-witnesses, a legal video clip of hotel security camera footage was played for the jury.  The trial video tape is paused and last frame on the screen is an ominous image: O.J. Simpson flanked by the two gunmen, Walter Alexander and Michael McClinton, each wearing dark suits that, according to testimony, were worn specifically to conceal firearms, or ‘heat’ as Mr. Alexander narrated.

So there the defendant is on the oversized projector screen, larger than life, looking guilty as sin.  There has been no shortage of audio recordings, legal video and other forms of litigation support during these proceedings, but nothing hurt OJ’s case more than the image of him and what appears to be his hired muscle.  The defense could have objected to the legal video, as it was not relevant to every area of questioning, but they did not, so while the prosecution continued to question the witness, the jury was soaking in the image of ‘Juice and his two henchmen. ’

I cannot say for certain whether the loitering image was an accident or a clever piece of subtle strategy, but I am sure the trial presentation had an effect o the jury.  You cannot ‘un-ring a bell’ and you cannot un-burn an image once it has been burned into the mind’s eye.  At that point, an objection would have only fueled the fire, bring more attention to the suggestive image.  Many times, a defendant’s image is on trial just as much as their actions; and OJ ‘s defense team has got their work cut out; Legal video strikes again!

Video Settlement Brochure / Documentary

More and more disputes are being settled outside of the courtroom, and for good reason.  Why spend all that precious time and money on litigation just to leave the fate of your case in the hands of our capable, yet explosively inconsistent justice system?

Early neutral evaluations, mediation and arbitration are viable means of dispute resolution that are often overlooked in the heat of the moment but could ultimately save you the pain and suffering of lawyer fees and lengthy trials. The key is to be organized and effective, in your record keeping and in your communication with the opposition.  The best way to achieve all these things is with a Video Settlement Brochure.

Think Dateline NBC, 60 Minutes, or one of those 20/20 segments that leaves you clutching your collar and gasping for breath.  The victim tells their story against a backdrop of shattered hopes and broken dreams.  Stunned witnesses or coworkers corroborate the gruesome tale; the camera zooms in on incriminating documents and photos.  John Stosel gives a heartfelt summation that ends with justice for all (aka a huge settlement).

Facts. Proof. Damages. One. Two. Three.  That’s exactly what a VSB does: tells your story in a concise yet poignant manner, along with the credible testimony of others that will not only convince the viewer but substantiate your claim and justify the award you are seeking. If you cannot reach an agreement and your case does go to trial the settlement brochure is NOT discoverable BUT it does provide an accurate outline of your case and a powerful foundation of video evidence that will translate into an award winning trial presentation.

Legalsized supports the American Bar Association

The American Bar Association has concluded it’s annual meetings in New York, NY and Legalsized is proud to have supported the festivities. The nearly week long conference included a wealth of CLE seminars, discussion forums and award ceremonies.   Many events were filled to capacity and the only way many ABA members can attend these valuable events is via webcast or DVD.

The Legalsized Inc. team was once again honored with the task of creating the video record.

(click the logo or www.abanet.org/jd/ncftj, look 1/2 way down the page).

Two of the programs in particular demand were:  How Judges Think: Rule of Law, or Rule of Man? and When in Rome: Cross-Cultural Issues in the Court.  Both of these programs are available online by searching the above website.

How Judges Think: Rule of Law, or Rule of Man? presented by the Judicial Division National Conference of Federal Trial Judges provided a window into the struggles judges must face everyday in court.  This time the judges were not alone on the bench.  An accomplished panel led discussion while attendees voiced their opinion with the support of mock trial technology provided by Trial Graphix.   And you thought our trial presentations were the only interactive part of the practice…

My favorite program was When in Rome: Cross-Cultural Issues in the Court presented by the ABA International Law Section.  I don’t know about you, but I really enjoy the Law and Order television series and in the program I learned each episode is based on a serious amount of truth.  The expert panel walked the attendees through multiple cases complicated by cultural differences and customs.  This program was so compelling that the program chair, Hon. Delissa A. Ridgway, has fielded multiple requests to repeat the event.  We look forward to helping again.

Big Brother’s New Eyes

What’s the first reality show you can recall watching? While MTV’s The Real World and CBS’s Survivor are common responses, your answer should have been COPS. Still running today, COPS has been entertaining millions since March 11th, 1989. It takes more than 400 hours of video recording to create a single 22-minute episode of COPS.

For the most part, that very same footage is admissible evidence, and the use of video by police has only increased as its value is continually being reaffirmed by court rulings across the country. In 2008, you can almost guarantee that every police vehicle is video capable, and in most cases the camera is activated in conjunction with the lights/sirens. What’s next?

Taser International (best known for non-lethal weapons, i.e. stun guns), has completed development of the Axon portable video system; complete with this tagline: “Protect Truth.” As you can see from the picture, Axon allows police to take the power of video recording outside of their vehicle. The long arm of the law can now see with a digital eye. Move over dash cam!

As far as I see it, the Axon system serves 2 purposes. It eliminates the “he-said-she said” element from most routine police-civilian confrontations. On the other hand, police will have to be incredibly careful when dealing with potential human rights violations (think Rodney King). With great power comes great responsibility, stay tuned…

Youtube as Legal Video?

Last week I discussed the possibility of a harmful juror ‘acting’ their way onto your jury; playing the part as it were and avoiding the Whole Truth in hopes of appearing to be a desirable juror.  Rest assured there are a few ways to guard against such theatrics.  Legal technology savvy attorneys and trial consultants have begun to take internet juror research to the next level, investigating their personal lives by visiting social networking and media sites to which they may belong (i.e. Youtube, MySpace, Facebook, etc.).

Often a potential juror’s personal website, podcast or blog entries are far more revealing than the standard questionnaires used during jury selection.  After a series of standard inquiries, jurors will generally have the opportunity to provide any additional information that may be germane to their ability to view the case objectively.  But realistically, how many people would volunteer an unpopular bias or incendiary opinion (especially in a court room)?

These internet searches can yield a wealth of insightful information and can help you determine a juror’s value to your client, but an argument can be made that such an investigation invades one’s privacy.  Is there a reasonable expectation of privacy when information is posted online?  A password-protected Email account should be completely private (the NSA may disagree), but any personal OR business website is just as good as posting a billboard.  Usually it’s meant to be just that.

Reading this as a potential juror, you’re probably thinking that counsel doesn’t really need to know your favorite foods, what a fantastic time you had last weekend or whatever else you may be blogging. And you’re right.  But inevitably there will be some jurors that have a certain bias against a client or a natural sympathy for the opposition and choose NOT to express it during Voi dire, for a myriad of reasons.  A quick search of MySpace or Facebook can quickly uncover seemingly hidden predispositions, allowing you and your trial team to make the most of peremptory strikes.