Visual Investigation and Advocacy

Visual Investigation

Today, more that any time in the past, visual evidence comes into play in criminal cases. Security cameras, police bodycams, and third party cell phone video frequently contain critical evidence. Often the information that could be of major benefit to a defendant is not readily discernable, or only becomes clear when techniques such as split-screen synchronization, extreme enlargement, frame by frame analysis, etc, are employed. At Justice Media we are able to ensure that the client gets the maximum possible benefit from the visual evidence. Also, working in tandem with our sister investigations group John Brown and Associates, we are able to carry out all of the additional and frequently complex investigative steps such as witness interviews, review of discovery, and whatever else is needed to provide optimized defense investigative services.

Visual Legal Advocacy

As part of the legal defense team in criminal cases, and plaintiff team in civil cases (such as civil rights, wrongful death, etc) we work closely with the attorneys to create compelling presentations for use in courtroom, in plea negotiations, or in mediation efforts in civil cases. We pursue justice using the power of multimedia. Words on a page pale in comparison to the impact of video images, interviews, graphics, and all of the other tools that can be brought to bear in legal advocacy today. We are professional investigators with media production skills who work strategically with attorneys and their clients to produce uniquely impactful defense advocacy presentations that incorporate video, image, sound, graphics, and animation. The genres of our presentation include:

As strategic investigators, we carry out the detailed underlying investigative and analytical work that makes our presentations authoritative and court-worthy, and in addition to our multi-media presentations, we also deliver the full range of traditional written reports, memoranda, and analytic studies

Pretrial and Plea Negotiation Presentations

The first opportunity in most cases to use multimedia presentation materials comes during the Pretrial Phase. During his period, defense may wish to present evidence that exonerates the client, or lessens the client’s culpability. The goal at this stage may be to induce the prosecution to decline to prosecute, or to reduce the charges, or to enter into a plea agreement on mutually agreeable terms.

During this stage, after evidence is collected and a strategy determined, we typically create a 15-20 minute multimedia presentation which we and the attorney present to the prosecution. The information provided in the presentation is clearly labeled as “Plea Discussion Document Pursuant to Federal Rules of Evidence 410 or California Code 1153” which ensures that it is not admissible against the defendant at trial. Afterwards, both sides discuss the contents of the presentation, and the case more generally. Pretrial presentations account for almost half of all presentations we create.

Plea negotiation presentations are typically done at the office of the prosecution. Our attorneys typically request a meeting, advising beforehand that they wish to “make a presentation” on behalf of the client. At the meeting, which we usually (but not always) attend with the attorney, the attorney provides brief introductory remarks; then we play the multi-media presentation. The presentation video lasts anywhere from 10 to 20 minutes. The information provided in the presentation is clearly labeled as “Plea Discussion Document Pursuant to Federal Rules of Evidence 410 or California Code 1153” which ensures that it is not admissible against the defendant at trial. Afterwards, both sides discuss the contents of the presentation, and the case more generally. Plea negotiation presentations account for almost half of all presentations we create.

Courtroom Presentations

If the case goes to trial, we assist the defense in the use of all forms of media as exhibits, including compelling presentation of photographs, graphics, and video exhibits. Our work at this phase ranges from creating numerous individualized exhibits, to creating standalone court-accepted presentations. Use of video and multimedia can be used effectively to present complex evidence in a way that clarifies matters for judge and jury. Animations of physical actions can illuminate, clarify, and add to the value of expert witness testimony. Complex financial or technical information can be de-mystified and made more understandable to the non-technical, lay observer. Trial presentations can be incorporated into opening statements, closing arguments, or at any point in between. For trial presentations we follow strict guidelines for admissibility and guide the attorney in taking the necessary steps to ensure that the materials created will be accepted by the court.

Sentencing Mitigation Videos

Perhaps the most well-established are of defense video and multimedia presentation is te sentencing mitigation video. The New York Times observes:

“… a growing number of lawyers are creating empathetic biographical mini-documentaries, or “sentencing videos,” to reduce their clients’ prison sentences. Inspired by the storytelling techniques of traditional documentary film, some lawyers team up with independent filmmakers while others become filmmakers themselves. These films are made for an audience of one: the presiding judge.”

This marks a significant departure from past practice, in which the defense sentencing submission typically has consisted of the Sentencing Memorandum and, if the client is lucky enough to have a mitigation team working for him, a written social history attached as an exhibit to the defense sentencing memorandum. The social history tells the defendant’s life story, usually in a memo of 20 pages or less, with an emphasis on humanizing the defendant by describing his life in totality — achievements, challenges, key relationships, all presented in a carefully crafted report, which includes character reference letters as an attachment, with quotes from the letters often incorporated into the body of the report. Such reports have long been recognized as helpful in mitigation, but they are also, ultimately, words on a page.

Civil Cases — Settlement Videos

In civil cases, videos and multimedia presentations are an established way of presenting compelling information, particularly in personal injury and wrongful death cases, where video can be used to demonstrate the life-altering affects of the matter being litigated. Victim “day-in-the-life” videos are a sub-genre in this area, showing the struggle that victims experience. Impact interviews of victims, family members, and others who have been affected can act as a “multiplier” of the impact of letters and written submissions. Experience shows that a relatively small investment in a multimedia presentation can directly contribute to more favorable settlement outcomes than would otherwise be achieved.