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Can Power Point Prejudice Juries?

Posted by timothy on from the and-especially-no-flash dept.

expriest writes "Recently, Slashdot considered the issue of e-courts which allow electronic filing of documents and court proceedings to be viewed on flat screens. Some commentators, however, are now questioning the effect of more commonplace technology on the courtroom, Power Point." Below, a bit on the reasoning behind their objections to electronic showmanship in the courtroom.

expriest continues "Theoretically, all trials feature two equally zealous advocates who each forcefully advocate for their clients. The idea is that by giving each litigant a powerful and equally persuasive advocate as their attorney, they will cancel each other out and the truth will be left in the shakeup. But what happens when one attorney uses technology to gain an unfair advantage?

Already one court, the Court of Appeals of Washington, held in State v. Robinson that the prosecution should not have been allowed to use Power Point in their closing argument, for fear that the jury would be move convinced by fancy graphics than by actual evidence.

Trial graphics companies are already a boom industry, with businesses like Trial Image making millions off of lawyers struggling to reduce their case to a picture. The question is, how far should this go? Does even simple technology like Power Point reduce trials to a contest of presentation, not a contest of facts and law?"

4 of 29 comments (clear)

  1. What this seems to be by Otter · · Score: 2, Informative
    The explanation provided here seemed a bit lacking, but after some digging through links, there seem to be at least three issues with "PowerPoint":
    • Unfairly prejudicial graphical elements and clip art
    • Animations and reconstructions that may come across as more objectively precise than is the case
    • "PowerPoint" being used to refer to any graphical presentation, like how people refer to software as "the Microsoft"

    None of this has anything to do with PowerPoint, per se.

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    What I'm listening to now on Pandora...
  2. A ham sandwich can influence juries by ghostlibrary · · Score: 4, Informative

    Now, I realize the idea of court being a fair fight against two equally-matched opponents is appealing, but it's never been like that.

    A cute quip can favorably influence juries.

    A rigged demo can influence juries.

    An inexact analogy can influence juries (wookies, anyone?)

    A defendent wearing a suit can influence juries.

    A comment removed from the record can influence juries.

    A slur against someone's past can influence juries.

    An exaggerated testimony can influence juries.

    A better-speaking lawyer can influence juries.

    Whether the jury is hungry or looking to get home early can influence juries.

    Expert witnesses can influence juries.

    I don't see why PowerPoint or any technology is any different from the hundreds of tools-and-tricks available to trial lawyers. It does seem unfairly singled out.

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    A.
  3. A must read... by WarPresident · · Score: 2, Informative

    The Cognitive Style of Powerpoint

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    Here come da fudge!
    1. Re:A must read... by daviddennis · · Score: 2, Informative

      In the same vein, with the advantage of being free, is The Gettysburg PowerPoint Presentation.

      I agree with the others who have said that for the most part, I would be prejudiced against any attorney with the bad taste to use PowerPoint.

      D