Visual Aids and their Place in a Court of Law- Stella W. Njagi

It is said that “one picture is worth a thousand words”. Courts of law today have embraced the use of exhibits and visual aids to illustrate and enhance the evidentiary value. Exhibits and visual aids are instrumental in bringing out evidence in courts of law particularly with regards to contested matters or expert evidence. It has been suggested that use of charts, graphs, drawings, animations or models can bring evidence into perspective and improve evidentiary value[1] “Exhibits can make information clearer, more concrete, more understandable and more reliable”.

It is apparent from court outcomes that information is better received when it is explained and illustrated. Exhibits such as items recovered from a crime scene better enable the judge and the jurors to put matters into perspective. Additionally, electronically generated demonstrative aids such as maps and models can enhance and improve perspective especially where the judge and/or jurors are unable to visit the site where an event occurred.[2] Video animations also provide clarity where circumstances are difficult to describe.

Research has shown that the information retention rate by jurors goes up when visual aids and demonstrative evidence is incorporated by lawyers in their arguments[3]. Cooper  indicates that demonstrative exhibits and visual aids clarify, dramatize and emphasize critical evidence in a case, thereby improving the understanding by jurors. However, McCarthy Wilcox states that despite demonstrative aids improving the credibility of an expert witness, jurors demonstrated a greater understanding of narrative testimony[4]. The research by McCarthy Wilcox (2018) seems to indicate that visual aids are only complementary to a case and they should not be used to substitute narrative testimony.

With respect to interviews conducted on children, research shows that visual aids may aid children in memory and to overcome fear and social limitations.[5] However, Wolfman discovered that whether or not visual aids were used in interviews with children, responses were found to be fairly similar. He further found that visual aids could affect the responses given by children and proposed the minimizing of visual aid use. [6] In support of the above findings, Barton found that children’s responses were more accurate before visual aids were incorporated into the interview and that verbal inquiries were more effective.[7] Further research should be conducted in this area to ensure that the proper outcomes are derived from the interviews with children. It has been demonstrated that children respond differently from adult interviewees and therefore should be treated differently.

The technique of effective use of visual aids entails understanding when to use them and determining the number of visual aids to incorporate in one’s case. Visual aids should not be overused. The purpose and intent of using the visual aids must be understood by the user in order to ensure that they produce the expected effect on the audience. It is more important for a lawyer to ensure that they adequately prepare for trial than incorporate countless visual aids since excessive use of visual aids may ‘clutter’ the case. [8]

As demonstrated, exhibits and visual aids greatly improve a case by ensuring that the judge and the jurors understand the circumstances of the case more clearly. Visual aids and exhibits complement the argument of a lawyer by providing better illustration. However, they should not substitute trial preparation and the use of narratives to highlight important aspects of the case. The use of visual aids can either improve or undermine one’s case. It is therefore important to carefully take into account the nature of the visual aid and use proper timing to ensure that the purpose in using the visual aid is fulfilled.[9]

 

Stella Njagi is an Advocate of the High Court of Kenya

 

 

 

 

References:

A Hill, ‘Dolls, Diagrams and Drawings: Interviewers’ Perspectives on Visual Aids in Child Witness Interviews’ (2017)

  1. McCarthy Wilcox, ‘Jurors’ Perceptions of Forensic Science Expert Witnesses: Experience, Qualifications, Testimony Style and Credibility (2018) 291 Forensic Science International 100 – 108

C Babcock and J Bloom, ‘Getting Your Message Across: Visual Aids and Demonstrative Exhibits in the Courtroom’ (2001) 27 Litigation 41

M Wolfman and others, ‘The Use of Visual Aids in Forensic Interviews with Children’ (2018) 7 Journal of Applied Research in Memory and Cognition 587-596

M Q Cooper, ‘The Use of Demonstrative Exhibits at Trial’ (1999) 34 Tulsa Law Journal 567

O Rall, ‘The Use of Visual Aids in Courts of Review’ (1958) 52

R Barton (2014) ‘Using Photographs and Human Body Diagrams as Visual Aids to Help Children Talk About Bodily Touch

S Lubet, Modern Trial Advocacy, Analysis & Practice (4th rev edn, National Institute for Trial Advocacy 2013)

 

[1] S Lubet, Modern Trial Advocacy, Analysis & Practice (4th rev edn, National Institute for Trial Advocacy, 2013)

[2] Ibid

[3] C Babcock and J Bloom, ‘Getting Your Message Across: Visual Aids and Demonstrative Exhibits in the Courtroom’ (2001) 27 Litigation 41

[4] A. McCarthy Wilcox, ‘Jurors’ Perceptions of Forensic Science Expert Witnesses : Experience, Qualifications, Testimony Style and Credibility (2018) 291 Forensic Science International 100 – 108

[5] A Hill, ‘Dolls, Diagrams and Drawings: Interviewers’ Perspectives on Visual Aids in Child Witness Interviews’ (2017)

[6] M Wolfman and others, ‘The Use of Visual Aids in Forensic Interviews with Children’ (2018) 7 Journal of Applied Research in Memory and Cognition 587-596

[7] R Barton (2014) ‘Using Photographs and Human Body Diagrams as Visual Aids to Help Children Talk About Bodily Touch

[8] S Lubet, Modern Trial Advocacy, Analysis & Practice (4th rev edn, National Institute for Trial Advocacy, 2013)

[9] Ibid

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