The impact of video recording is very noticeable in the judicial process. What are the different conditions for a video to be fully validated by judge and jury?.
First of all, according to James Careless in the article “La preuve vidéo”, a video proof is not acceptable if its link with the current trial is not evident. For instance, the movie clearly shows a hammer covered by blood and hair of the victim. Then, it does not demonstrate how this hammer was inserted into the damaged skull of the victim. So, this proof can be rejected by the court. Secondly, the authenticity of video must be strongly undisputed.
Nowadays, a person has the capacity to skillfully handle a video recording with appropriate software. This manipulation can alter the chronology of events, distort the flow of time and so on. In the past, video images were recorded on a tape; the presentation of an old tape did not cause a problem because you only had to project the original tape in court for the judge and jury.
But, actually a video recording is generally stored on hard disks; and the mass of data is deleted after a specific period of time. Thus, the video evidence can be burned on a DVD. It means a strict method and a reliable eyewitness must only prove that the copy is an exact double of the original.
Finally, the comprehension of video recording requires an explanation from a competent expert witness. An expert witness is a professional who analyzes carefully the different facts during the trial. It is not sufficient to bring a movie into the tribunal, play it and presume that the jury will understand. For example, the analysis and interpretation of an expert witness are very helpful to comprehend the technical aspects such as multiple shooting, synchronization between audio and video, people tracking and so on.
In conclusion, a video recording became an usual proof used in the tribunal but it needs to fully respect some convention.
When the video becomes a proof. Revised by Dr. Diane Picciani