Why is a videotape containing some footage can be worthless in court of law?

  • Thread starter Thread starter himadrimd
  • Start date Start date
Hmmm, where do I begin with this one. You must look at several aspects in order to determine the usefulness of the video in question.

Aquisition - This goes to how the tape was aquired. If you got this under false pretenses or through illegal or less than ethical means, the credibility of it and the person who filmed it could come into question. If enough faults are found about how this was done, it may be more trouble to present it than to use it in a court of law.

Chain of Custody - In order to truly verify that the information on the tape is legit, a legal and authorized chain of custody MUST be established. In cases where this can come into doubt, the tape itself will never see the light of day.

Gravity of information - Whats in the tape itself? The information displayed on the video may not help and can sometimes hurt a trial case. If it does not target a specific item, the jury may find it distracting and loose focus on the nature of the situation.

Admissibility - Again we go back to the legal side of this. If there are no documents indicating the tape was legally authorized to be made without the person or persons prior knowledge, the admissibility can be called into play. If enough doubt or fault is found as to the nature of the taping, it will not be allowed at trial by ruling of the judge.

Authenticity - If the tape has been altered in ANY way, shape or form it is nothing more than a paper weight to most attorneys. If you cannot say without a doubt that this is the original or un-modified version of events, there is no use bringing it in to play, and thats how lawers see it.

Self Incrimination - Is whats on the tape going to vindicate of charges but at the same time incriminate you for something else? If this is the case then its not worth the effort and it will never see the light of day.
 
Back
Top