II. Visual Presenters
                  
                  Visual presenters are 
                  electronic devices that combine a video camera with projection 
                  equipment. They are indispensable tools for juries, and even 
                  mechanically dysfunctional attorneys find them easy to use.
                  
                  Typically, three pieces of 
                  electronic equipment are required to use a visual presenter in 
                  court: the visual presenter, a video monitor, and a videotape 
                  or compact disc recorder. (Multi-task computers, able to 
                  process compact discs (CDs) or digital video discs (DVDs), are 
                  preferred in place of single-use recorders.) Support companies 
                  specializing in electronic courtroom assistance can pre-wire 
                  the courtroom and be available for technical assistance 
                  throughout the trial, if necessary. The equipment can be 
                  rented or purchased. If you purchase the courtroom equipment, 
                  it will pay for itself if you use it frequently. 
                  When electronic courtroom 
                  technology was new, many lawyers refused to use it at trial 
                  because they wanted to avoid common glitches that caused 
                  irritating disruptions. Such concerns are virtually 
                  nonexistent with visual presenters because a visual presenter 
                  is nothing more than a video camera connected to a monitor. It 
                  is better than an overhead projector because the jury sees the
                  actual exhibit - not a transparency. 
                  As the witness testifies and 
                  examines a document, the admitted exhibit is placed on the 
                  visual presenter and is projected to the jury. The jury sees 
                  the exhibit at the same time the witness sees it. 
                  If the exhibit is a photograph, 
                  you can save a significant amount of money by avoiding 
                  expensive reproductions. For example, if the video monitor has 
                  a 64-inch screen, the jury sees a 64-inch projection of the 
                  photograph. If the courtroom has a large white wall available 
                  to use as a "screen," the images will be even larger. The 
                  witness, the questioning lawyer, the jury, and the judge can 
                  all see the exhibit at the same time. That is a significant 
                  improvement over the old methods of presenting evidence.
                  
                  It is a simple matter to 
                  pre-wire the courtroom, and it should be managed by technical 
                  people. You must receive prior approval from the court and 
                  make sure that the wires and cables are properly positioned so 
                  they do not create distractions. You can typically receive 
                  court approval by discussing it with the court just prior to 
                  trial. 
                  This writer has never had a 
                  court refuse to allow the use of a visual presenter. Juror 
                  reaction has been universal: seeing exhibits while witnesses 
                  explain their significance is extremely helpful to the juror 
                  in understanding and, more importantly, in retaining the 
                  testimony. 
                  
                  III. Computers, CDs and DVDs
                  
                  Another significant development 
                  in courtroom technology is the use of computers, CDs, and 
                  DVDs. This technology is helpful in effectively presenting 
                  evidence, especially in cases with numerous exhibits. 
                  
                  Scanning devices, which 
                  transform boxes of documents into easily retrievable 
                  computer-stored exhibits, dramatically lessen the potential 
                  for trial confusion. Such a system allows trial lawyers nearly 
                  instantaneous location and display of exhibits. Exhibits can 
                  be “burned” on to a CD and conveniently stored in a tray on 
                  the counsel table. If you need an exhibit, you can quickly 
                  retrieve it, show it to the jury, and replay it at any time. 
                  It is similar to locating a favorite piece of music on a 
                  compact disc: press the correct track number on the hardware 
                  and the music plays - almost immediately - through the audio 
                  system. 
                  While using such technology may 
                  not be beneficial for cases with few documents, it is 
                  extremely beneficial for long trials where the lawyers 
                  themselves have trouble keeping up with all of the exhibits.
                  
                  How does it work? Original 
                  exhibits (such as documents and photographs) are scanned into 
                  a computer that can be easily searched with key word queries. 
                  To avoid the search process at trial, individual CDs can be 
                  prepared beforehand for each day’s presentation. (The CDs are 
                  similar to the compact discs typically used in home 
                  entertainment systems.) When you need the exhibit at trial, 
                  you merely click on the title of the document on your 
                  computer, and the system retrieves the exhibit and projects it 
                  onto the screen. 
                  Computers and compact discs are 
                  becoming the preferred method of storing exhibits because they 
                  are easily used at trial. If the original document is needed, 
                  it is also available and can be viewed by the jury during 
                  deliberations. 
                  Using a computer to manage and 
                  organize exhibits is affordable and extremely helpful in 
                  lengthy, complicated cases. 
                  
                  IV. Who Should Use Courtroom 
                  Technology?
                  
                  Visual presenters are not just 
                  for the big cases, the big firms, or during lengthy trials. 
                  Any time the jury needs to see and understand exhibits such as 
                  documents, photographs, drawings, graphs, sketches, computer 
                  printouts, a visual presenter can be an extremely helpful 
                  trial tool. 
                  In fact, renting a visual 
                  presenter for a short trial that will include many 
                  photographs, such as an automobile negligence case, could be 
                  surprisingly cost effective. You should compare the cost of 
                  preparing the photographic enlargements and blowups of key 
                  deposition admissions with the cost of renting the electronic 
                  system. 
                  The visual presenter does not 
                  replace the exhibit - it projects it onto the monitor 
                  or screen. Jurors should still be able to examine the admitted 
                  physical exhibit during deliberations. The use of a visual 
                  presenter does not prevent the use of a photographic 
                  enlargement if it is important, psychologically, for the jury 
                  to have an enlarged exhibit to review during deliberations. It 
                  is your decision whether to use enlargements as well. 
                  
                  When preparing your 
                  presentation using electronic courtroom technology, you should 
                  consider the following questions. 
                  
                    - Who selects and sets up the 
                    equipment before trial? It is always best to get technical 
                    guidance and assistance from competent people. Rental 
                    companies and trial consultants provide both equipment 
                    selection and technical support and assistance. They should 
                    also set up the courtroom. They will make sure that the 
                    system is properly tested, on-site, and every cable is 
                    properly connected. Once that is accomplished, you will find 
                    it easy to use the visual presenter at trial. 
                    
 
 
                    - Who operates the visual 
                    presenter at trial? You should operate the visual presenter 
                    whenever possible. It takes about 10 minutes for a 
                    technically illiterate lawyer to learn how to use a visual 
                    presenter. There is absolutely nothing sophisticated about 
                    it. After a short practice session, the doubting lawyer will 
                    realize that he or she can really use the visual presenter 
                    at trial and will wonder what all the fuss was about. 
                    
 
 
                    - When should you use 
                    computers and CDs? It really does not make sense to use such 
                    tools in a small case with minimal documentary or 
                    photographic exhibits. On the other hand, even if only a few 
                    hundred exhibits are at issue, you should look at how the 
                    case will be tried. If you use computers during trial, you 
                    should store all the documents, drawings, graphs, and 
                    photographs on disc. Such a system will allow you to 
                    retrieve the relevant exhibit quickly and effortlessly. The 
                    amount and use of exhibits are the most important issues to 
                    evaluate when deciding whether to use a computer-based, 
                    CD-retrieval system as trial support. 
                    
 
 
                    - Should you seek the help of 
                    technical people? If computer technology make sense for a 
                    case, use technical people to assist. Trial consultants with 
                    electronic experience are invaluable. They know what a trial 
                    lawyer needs, and they have the ability to translate those 
                    needs into appropriate trial presentations. They will work 
                    with you to put the presentation together and will teach you 
                    what to do at trial. A short lesson on exhibit retrieval 
                    will erase your fear of technical incompetence at trial. 
                    Depending on the complexity of the presentation, technical 
                    assistance at trial to handle any unexpected glitches also 
                    makes sense. Frequently, legal assistants can fill that role 
                    economically and efficiently. You just need to make sure 
                    that the technical consultant properly trains the legal 
                    assistant. The paralegal can calmly and appropriately deal 
                    with typical system problems. These are the same legal 
                    assistants who frequently oversee sophisticated computer 
                    systems in law firms. Learning how to solve the minor 
                    glitches that can occur with courtroom technology is just 
                    one more job that they are capable of managing. 
 
                  
                  Courtroom technology has a 
                  future in American trials. In fact, effective and proper use 
                  of electronic support usually shortens trial. The general 
                  public, our source of juries, is now used to seeing computers 
                  on judges’ benches and counsel tables in televised trials. It 
                  is fair to say that courtroom technology is not only here to 
                  stay, it is here for lawyers to embrace and learn to use 
                  without the constant worry of perceived technical 
                  incompetence.  Presenting 
                  Evidence with Courtroom Technology
                  - by Carole D. Bos