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Document Type

Note

Publication Date

Fall 10-15-2019

Publication Citation

94 Indiana Law Journal 1651 (2019)

Abstract

This Note examines recent developments in the research of situational video evidence biases. Part I examines the current and growing body of psychological research into the various situational biases that can affect the reliability of video evidence and the gaps in this research that require further attention from researchers and legal academics. Because these biases do not “operate in a vacuum,” Part I also examines some of the recent and exciting research into the interaction between situational and dispositional biases. Part II examines the development of camera and video processing technology and its limitations as a means of mitigating such biases. Part III explains how such research could be used to develop heuristics to better assess the admissibility or presentation of video evidence and the need for greater judicial scrutiny of video evidence. This Note concludes by highlighting the potential research about the situational factors affecting the perception that video evidence has for producing insights useful for practitioners conducting criminal trials and municipalities and police forces adopting video technology, and closes with suggestions for further research.

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