Cameras in the Courtroom
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Transcript of Cameras in the Courtroom
Cameras in the CourtroomCameras in the Courtroom
Seth HolubarSeth Holubar Adam BinderAdam Binder Dan KellyDan Kelly Noah HabanNoah Haban Eric LeBarronEric LeBarron
AgendaAgenda
Problem DefinitionProblem Definition AssumptionsAssumptions Technology AnalysisTechnology Analysis Audience AnalysisAudience Analysis Sense MakingSense Making RecommendationRecommendation Rules Of ThumbRules Of Thumb QuestionsQuestions
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT
Stated ProblemStated Problem
Advise a local judge about the impact Advise a local judge about the impact of TV cameras in the courtroom to of TV cameras in the courtroom to help her decision regarding a high help her decision regarding a high profile murder case involving the profile murder case involving the murder of a local student by a murder of a local student by a college professor.college professor.
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT
The Judge’s Questions:The Judge’s Questions:
Impact on proceedings?Impact on proceedings? Impact on participants' rights?Impact on participants' rights? Ethical implications?Ethical implications? Pros and Cons of allowing TV Pros and Cons of allowing TV
coverage?coverage? Other Media Alternatives?Other Media Alternatives? Our firm’s recommendations?Our firm’s recommendations?
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT
Actual ProblemActual Problem
Part 1Part 1Answer the judge’s questions about the Answer the judge’s questions about the
impact of television technology in a impact of television technology in a courtroom.courtroom.
Part 2Part 2Help the judge make sense of the technology Help the judge make sense of the technology
and recommend rules of thumb to follow and recommend rules of thumb to follow for this and future cases.for this and future cases.
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT
Grounded AssumptionsGrounded Assumptions
Not a federal case, so cameras are allowedNot a federal case, so cameras are allowed High Profile case, so public has already High Profile case, so public has already
seen victims family and the accused in the seen victims family and the accused in the newsnews
Victim is over 18 (in college)Victim is over 18 (in college) Judge has limited experience with media in Judge has limited experience with media in
courtroom. “Limited User” courtroom. “Limited User” One camera only (if allowed) with feed to One camera only (if allowed) with feed to
multiple news networksmultiple news networks
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT
Impact of Technology on Impact of Technology on ProceedingsProceedings
O.J. Simpson trialO.J. Simpson trial Witnesses and lawyers became starsWitnesses and lawyers became stars Impacted public opinion even though Impacted public opinion even though
found not guiltyfound not guilty Anna Nicole Smith debacleAnna Nicole Smith debacle
Judge more theatricalJudge more theatrical Makes mockery of court judicial Makes mockery of court judicial
systemsystem Turning courtroom proceedings into Turning courtroom proceedings into
entertainment entertainment
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT
Current Use of CamerasCurrent Use of Cameras
Not allowed in Federal Courts.Not allowed in Federal Courts. (Audio only is occasionally allowed.)(Audio only is occasionally allowed.)
Allowed in all states at judge’s Allowed in all states at judge’s discretion discretion
Small Claims & Divorce Court TV ShowsSmall Claims & Divorce Court TV Shows Judge WapnerJudge Wapner Judge JudyJudge Judy Judge Joe BrownJudge Joe Brown Judge MilianJudge Milian Judge HatchetJudge Hatchet
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT
B-C=VB-C=V
Media AlternativesMedia Alternatives
AudioAudio PhotographersPhotographers Sketch ArtistsSketch Artists Stenographer Stenographer Delayed broadcast/documentary Delayed broadcast/documentary Post trial interviewsPost trial interviews Books/moviesBooks/movies
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT
Rich/Lean ModelRich/Lean Model
Rich MediaRich Media Gallery MemberGallery Member
Lean MediaLean Media Print Media/TranscriptsPrint Media/Transcripts Web LogsWeb Logs Audio Live TV CoverageAudio Live TV Coverage Streaming Online VideoStreaming Online Video
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT
Diffusion of InnovationDiffusion of Innovation
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT
Impact of Technology on RightsImpact of Technology on Rights VictimsVictims
Emotionally exploitedEmotionally exploited
The publicThe public Feels they have the right to be in courtroom Feels they have the right to be in courtroom
via the TV camerasvia the TV cameras
The accusedThe accused SympathySympathy ProfitProfit FameFame
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT
Audiences ImpactedAudiences Impacted
Defendant (Accused)Defendant (Accused) Victim’s FamilyVictim’s Family ProsecutorProsecutor JuryJury Gallery of ObserversGallery of Observers The MediaThe Media The PublicThe Public
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT
SMCRSMCR
Judge’sJudge’s
ObjectiveObjectivess
Intended Intended MessagesMessages
Available Available ChannelsChannels
Audience‘sAudience‘s
BackgroundBackground
JusticeJusticeInformInformEducateEducateTimelinesTimelinesssFairnessFairness
ProfessionalismProfessionalismEqualityEqualityEvidenceEvidenceConfidentialityConfidentialityRespectRespectFormalityFormalityBalanceBalanceIntegrityIntegrity
Live TV CoverageLive TV CoverageDelayed Delayed CoverageCoverageAudioAudioPrint MediaPrint MediaReportersReportersSketch ArtistsSketch ArtistsInternet (I.e.Blogs)Internet (I.e.Blogs)
Many DifferentMany DifferentAgesAgesOccupationsOccupationsGendersGendersRacesRacesAccess Access LevelsLevelsEducationEducation
LevelsLevels
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT
SMCR Tests for TV CoverageSMCR Tests for TV Coverage
S-M Test = Potential ConflictS-M Test = Potential Conflict Depends on behavior of participants in courtDepends on behavior of participants in court
S-C Test = CompatibleS-C Test = Compatible TV is great for informing & educating publicTV is great for informing & educating public
M-R Test = Potential ConflictM-R Test = Potential Conflict TV audiences value drama over informationTV audiences value drama over information
C-R Test = CompatibleC-R Test = Compatible The public believes they have a right to knowThe public believes they have a right to know
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT
Sense Making for the JudgeSense Making for the Judge Judge is a Mediator and RegulatorJudge is a Mediator and Regulator
Needs to feel in full control of situationNeeds to feel in full control of situation Responsible to uphold justice firstResponsible to uphold justice first Recognizes right of press to report to Recognizes right of press to report to
publicpublic Hesitant to allow distractions into courtHesitant to allow distractions into court
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT
Sense Making for the JudgeSense Making for the Judge Experience = limited technologyExperience = limited technology
Court Transcriber records proceedingsCourt Transcriber records proceedings Photographers & Sketch ArtistsPhotographers & Sketch Artists Reporters attend and then write articles Reporters attend and then write articles Not TVNot TV
Precedents set by earlier cases. Precedents set by earlier cases. Public convicts based on TV (OJ Simpson Public convicts based on TV (OJ Simpson
Case)Case) Potential for biasing the jury poolPotential for biasing the jury pool
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT
Categories & SchemaCategories & Schema
Silent Observer Equivalent to
Gallery Member
Invasive Distraction
Equivalent to Paparazzi
A way to educate the
public
A way to influence the
Public
Ways the Judge Can See the Camera
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT
Information PoliticsInformation Politics
More Less
Centralization of Control
FederalismMonarchy Feudalism Anarchy
Judge
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT
Our RecommendationOur Recommendation
Restricted Television Coverage Restricted Television Coverage Fixed camera (no zoom or pan) Fixed camera (no zoom or pan) Delayed Delayed Edited by court mediator Edited by court mediator Camera does not show Jury boxCamera does not show Jury box Fed to mediaFed to media Judge regulates which channels have accessJudge regulates which channels have access Judge can cut feed for any reasonJudge can cut feed for any reason
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / Recommendation / ROT
Camera PlacementCamera Placement
ROT for This & Future CasesROT for This & Future Cases
If necessary, delay or block release of part If necessary, delay or block release of part or all of the recording to protect identity or or all of the recording to protect identity or innocence of participants until after trial.innocence of participants until after trial.
Record everything that happens for Record everything that happens for accurate record, and let the networks accurate record, and let the networks worry about whether they can show it.worry about whether they can show it.
Provide a public access to the entire Provide a public access to the entire recording after the trial is over, so they recording after the trial is over, so they can check it out themselves.can check it out themselves.
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT
ROT ContinuedROT Continued
Make Sure Court Mediator Make Sure Court Mediator understands what they may or may understands what they may or may not show.not show. Face-To-Face ConversationsFace-To-Face Conversations Not Emails or MemosNot Emails or Memos
Don’t allow the networks to bring in Don’t allow the networks to bring in their own cameras & crews.their own cameras & crews.
Block the feed to any reporters that Block the feed to any reporters that abuse the abuse the privilegeprivilege..
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT
ROT ContinuedROT Continued
Monarch System of Information Monarch System of Information Politics allows the kind of control Politics allows the kind of control needed to ensure message sent needed to ensure message sent through TV channels is closest to the through TV channels is closest to the one intended. one intended.
Still no guarantee it will be received Still no guarantee it will be received correctly.correctly.
Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT
Questions?Questions?