Analysis of Videotape Evidence in Police Misconduct Cases

52 Pages Posted: 30 Apr 2014

See all articles by Martin A. Schwartz

Martin A. Schwartz

Touro College - Jacob D. Fuchsberg Law Center

Jessica M. Silbey

Northeastern University - School of Law; Northeastern University - Center for Law, Innovation and Creativity

Jack Ryan

Suffolk University Law School

Gail Donoghue

New York City Law Department

Date Written: 2009

Abstract

Many evidentiary issues arise with respect to the admission of videotape evidence and computer generated simulations at trial, and the authors of this Article address these issues as they arise in police misconduct cases. Professor Schwartz provides insight into and analysis of the evidentiary principles that govern the use of video and computer simulation evidence at trial in cases where police misconduct is at issue. His discussion first addresses the issues that concern the admissibility of videotape evidence, then discusses the role of a videotape on summary judgment, and lastly, analyzes evidentiary issues with respect to computer generated simulations.

Keywords: videotape evidence, computer generated simulation, police misconduct litigation, trial evidence, relevance, Rule 403 of the Federal Rules of Evidence, probative value, balancing test, hearsay rule exceptions

Suggested Citation

Schwartz, Martin A. and Silbey, Jessica M. and Ryan, Jack and Donoghue, Gail, Analysis of Videotape Evidence in Police Misconduct Cases (2009). 25 Touro L. Rev. 857 (2009), Touro Law Center Legal Studies Research Paper Series, Available at SSRN: https://ssrn.com/abstract=2375193

Martin A. Schwartz (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

Jessica M. Silbey

Northeastern University - School of Law ( email )

416 Huntington Avenue
Boston, MA 02115
United States

Northeastern University - Center for Law, Innovation and Creativity

416 Huntington Avenue
Boston, MA 02115
United States

Jack Ryan

Suffolk University Law School

120 Tremont Street
Boston, MA 02108-4977
United States

Gail Donoghue

New York City Law Department

100 Church Street
New York, NY 10007-2601
United States

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