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Continued... Page 2 > Basic Technology Veteran trial judges have long realized this. Judge Warren Wolfson of Chicago , Illinois is one of many judges who sees visual evidence as a way to assist jurors: I'm a big believer in blowups. I think everything ought to be blown up, especially photographs . . . [Often] [t]he jury hasn't the slightest idea what the lawyer is talking about. Important documents ought to be blown up, or put on slides and projected. Models of the body, when injuries have to be shown, ought to be brought in. Lawyers can't rely on words only. Words don't have the impact of ìshare and tell.î Juries will retain best, and believe best, what they see and hear at the same time. Most lawyers just don't know how to do that. 8 Trial Diplomacy Journal , 7 (1985). TECHNOLOGY AS A TRIAL LAWYER'S TOOL The force of technology has profoundly reshaped our entire culture and all the institutions within it. In doing so, technology has greatly expanded a trial lawyer's choices for creation of demonstrative evidence. Computers and the rapidly evolving information highway have opened the doors for all manner of visual presentations. Forty-five years ago, Melvin Belli, Sr.'s then state of the art description of a scientific trial lawyer's approach to evidence focused on x-rays, photographs, charts and models. In the 21 st century, these traditional means of demonstrative evidence are still useful, but are now supplemented by the accessibility of computer based visual evidence. MEDICAL JARGON: A JUROR TURNOFF One of a lawyer's greatest frustrations is trying to get medical experts to explain things ìin lay language.î With many medical experts, the subsequent explanation often is only marginally better than it was the first time around. In any medical-based trial, it is absolutely essential that a jury understand the scientific principles involved. People learn much more readily through their eyes than they do through their ears. The admonition to ìShow me, don't tell meî applies with the greatest force to medical concepts. The average juror has not had science courses more sophisticated than high school biology. Whether or not technical terms are used, the lawyer who appeals to the ears and not the eyes of the jury is likely to lose their attention. TOOLS FOR EXHIBIT CREATION Our office has made increasing use of electronic technology over the last 10 years. In fact, we now believe that electronic technology is absolutely essential for effective presentation of a case at trial. But it neither has to look ìhigh techî nor cost an arm and a leg. Any lawyer has the capability of becoming familiar with this basic technology and can afford to use it in any case. |
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