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Cameras in the Courtroom

Cameras in the Courtroom. Seth Holubar Adam Binder Dan Kelly Noah Haban Eric LeBarron. Agenda. Problem Definition Assumptions Technology Analysis Audience Analysis Sense Making Recommendation Rules Of Thumb Questions.

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Cameras in the Courtroom

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  1. Cameras in the Courtroom • Seth Holubar • Adam Binder • Dan Kelly • Noah Haban • Eric LeBarron

  2. Agenda • Problem Definition • Assumptions • Technology Analysis • Audience Analysis • Sense Making • Recommendation • Rules Of Thumb • Questions Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

  3. Stated Problem • Advise a local judge about the impact of TV cameras in the courtroom to help her decision regarding a high profile murder case involving the murder of a local student by a college professor. Justice Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

  4. The Judge’s Questions: • Impact on proceedings? • Impact on participants' rights? • Ethical implications? • Pros and Cons of allowing TV coverage? • Other Media Alternatives? • Our firm’s recommendations? Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

  5. Actual Problem Part 1 Answer the judge’s questions about the impact of television technology in a courtroom. Part 2 Help the judge make sense of the technology and recommend rules of thumb to follow for this and future cases. Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

  6. Grounded Assumptions • Not a federal case, so cameras are allowed • High Profile case, so public has already seen victims family and the accused in the news • Victim is over 18 (in college) • Judge has limited experience with media in courtroom. “Limited User” • One camera only (if allowed) with feed to multiple news networks Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

  7. Impact of Technology on Proceedings • O.J. Simpson trial • Witnesses and lawyers became stars • Impacted public opinion even though found not guilty • Anna Nicole Smith debacle • Judge more theatrical • Makes mockery of court judicial system • Turning courtroom proceedings into entertainment Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

  8. Current Use of Cameras • Not allowed in Federal Courts. • (Audio only is occasionally allowed.) • Allowed in all states at judge’s discretion • Small Claims & Divorce Court TV Shows • Judge Wapner • Judge Judy • Judge Joe Brown • Judge Milian • Judge Hatchet Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

  9. B-C=V COSTS BENEFITS Privacy Rights "The Public's Right To Know" May Affect Testimonies Tunnel Vision Extreme Cases Inform Possible Circus Educate Editors Introduce Bias Checks & Balances Faith in the Judicial System Other Judges Allow Cameras Not Biased

  10. Media Alternatives • Audio • Photographers • Sketch Artists • Stenographer • Delayed broadcast/documentary • Post trial interviews • Books/movies Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

  11. Rich/Lean Model • Rich Media • Gallery Member • Lean Media • Print Media/Transcripts • Web Logs • Audio Live TV Coverage • Streaming Online Video Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

  12. Diffusion of Innovation Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

  13. Impact of Technology on Rights • Victims • Emotionally exploited • The public • Feels they have the right to be in courtroom via the TV cameras • The accused • Sympathy • Profit • Fame Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

  14. Audiences Impacted • Defendant (Accused) • Victim’s Family • Prosecutor • Jury • Gallery of Observers • The Media • The Public Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

  15. SMCR Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

  16. SMCR Tests for TV Coverage • S-M Test = Potential Conflict • Depends on behavior of participants in court • S-C Test = Compatible • TV is great for informing & educating public • M-R Test = Potential Conflict • TV audiences value drama over information • C-R Test = Compatible • The public believes they have a right to know Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

  17. Sense Making for the Judge • Judge is a Mediator and Regulator • Needs to feel in full control of situation • Responsible to uphold justice first • Recognizes right of press to report to public • Hesitant to allow distractions into court Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT

  18. Sense Making for the Judge • Experience = limited technology • Court Transcriber records proceedings • Photographers & Sketch Artists • Reporters attend and then write articles • Not TV • Precedents set by earlier cases. • Public convicts based on TV (OJ Simpson Case) • Potential for biasing the jury pool Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT

  19. Categories & Schema Ways the Judge Can See the Camera Silent Observer Equivalent to Gallery Member A way to educate the public A way to influence the Public Invasive Distraction Equivalent to Paparazzi Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT

  20. Information Politics Judge Anarchy Monarchy Federalism Feudalism More Less Centralization of Control Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT

  21. Our Recommendation • Restricted Television Coverage • Fixed camera (no zoom or pan) • Delayed • Edited by court mediator • Camera does not show Jury box • Fed to media • Judge regulates which channels have access • Judge can cut feed for any reason Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / Recommendation / ROT

  22. Camera Placement

  23. ROT for This & Future Cases • If necessary, delay or block release of part or all of the recording to protect identity or innocence of participants until after trial. • Record everything that happens for accurate record, and let the networks worry about whether they can show it. • Provide a public access to the entire recording after the trial is over, so they can check it out themselves. Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT

  24. ROT Continued • Make Sure Court Mediator understands what they may or may not show. • Face-To-Face Conversations • Not Emails or Memos • Don’t allow the networks to bring in their own cameras & crews. • Block the feed to any reporters that abuse the privilege. Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT

  25. ROT Continued • Monarch System of Information Politics allows the kind of control needed to ensure message sent through TV channels is closest to the one intended. • Still no guarantee it will be received correctly. Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT

  26. Questions?

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