Analysis of Videotape Evidence in Police Misconduct Cases

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