![Video Evidence](http://images.law.com/contrib/content/uploads/sites/399/2023/12/Video-Evidence-767x633.jpg)
First Published Opinion Issued on Whether Jury Allowed to View Slow-Mo Replay of Video Evidence
"Defendants contend they were unduly prejudiced by these video playbacks, citing research indicating that slow-motion presentations can increase a viewer's perception or inferences of intentional conduct," stated Judge Jack M. Sabatino, in his written opinion for the court. "To date, there are no published New Jersey opinions that address the question."
December 26, 2023 at 09:00 AM
5 minute read
In a published decision in an issue of first impression, the New Jersey Appellate Division held that trial judges may use their discretion in granting a jury's request to replay video footage at a variety of speeds or with intermittent pauses if it will help them resolve disputed factual issues.
The Appellate Division consolidated two cases, State of New Jersey v. Fuquan K. Knight and State of New Jersey v. Shaquan K. Knight, of two brothers who were jointly tried and found guilty by a jury of armed robbery and other offenses in Essex County Superior Court. Both defendants appealed their convictions and raised the issue of whether the trial court erred in allowing the jury to watch a surveillance video of the alleged crimes multiple times, in slow motion, and with pauses, according to the opinion.
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