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How big is the risk that victim videos are more prejudicial than probative?

By Douglas A. Berman

This article appearing yesterday in the Washington Post discusses the growing trend of using "victim videos" in criminal cases. The article is headlined "Poignant Videos of Victims Valid in Court: Justices Decline to Weigh Use of Such Portrayals," and here are some excerpts: Fueled by technology and a powerful victims' rights movement, "victim impact videos" are becoming staples in criminal trials nationwide. The increasingly sophisticated multimedia presentations depict victims from cradle to grave, often with soft music in the background, tugging on the heartstrings of jurors.  Defense lawyers say the videos are highly prejudicial and have sought to have them banned. But the Supreme Court this month declined to hear challenges to two such videos, including one of Sara Weir, a dark-eyed 19-year-old who was raped and murdered in 1993...continue to full post

Full post as published by Sentencing Law and Policy on November 30, 2008 (boomark / email).