Impeachment: Let's Go to the Video Tape
In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write: Whether in the form of a deposition, surveillance footage or an event captured on a nearby security camera, the trial lawyer must think carefully how to best exploit a video as a strategic tool for helping her win the case before ever questioning a witness. If used properly, a video can serve to leave an indelible impression that there is no doubt that the witness is a liar, cannot be trusted and is anything but credible.
November 04, 2020 at 12:15 PM
14 minute read
With the abundance of smart phones and other similar devices the creation of videos has never been more popular. Although videos can serve to capture friendly memories, they can also serve to provide ammunition for the advocate. A video can discredit a witness more quickly than the mere written word ever could. Clearly, the use of a video as a weapon at trial is no longer a rare event. Indeed, the sheer number of videotape statements makes its use at trial commonplace. Whether the video is in the form of a deposition, surveillance footage or an event captured on a nearby security camera, the trial lawyer must think carefully how to best exploit the video as a strategic tool for helping her win the case before ever questioning a witness. If used properly, a video can serve to leave an indelible impression that there is no doubt that the witness is a liar, cannot be trusted and is anything but credible.
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