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WHAT IS DEMONSTRATIVE EVIDENCE?

Overview

Cheong, Denove, Rowell & Bennett are on the cutting edge of presenting compelling demonstrative evidence. Demonstrative evidence is a tool of persuasion. It clarifies and simplifies points. It helps the jury understand the issues raised at trial. Demonstrative evidence can be as simple as a word written on butcher paper in front of a jury or as elaborate as a three dimensional animation. Types of Demonstrative Evidence The following are examples of demonstrative evidence we created for our clients? cases. At Cheong, Denove, Rowell & Bennett we believe the more the jury sees, the better they understand.

Click to Enlarge Timeline

Accident Reconstruction Boards 
     Expert testimony can be confusing. To clarify the technical testimony, boards that visually explain the expert's opinions are often useful. On occasion, multiple boards are used to explain different aspects of the accident or the accident avoidance sequence. Click here to see an example of an Accident Reconstruction Board.

Celebration of Life Videos 
     When someone dies, he or she leaves behind loved ones who continue to suffer a loss. To enable the jury to understand who the decedent was and how much he or she meant to the family left behind, that person's story must be told. To assist the jury in getting to know the decedent, photographs, letters, cards and home videos can be collected, edited and videotaped to show the jury.  

Closing Argument Boards
     After the evidence has been presented to the jury, the attorney has the right to give closing argument. Some trials are over in days, while others may go on for months
     Using boards to illustrate the points the attorney is making during closing will help the jury understand the points. Click here to see examples of Closing Argument Boards.

Computer Animation  
     If one picture is worth a thousand words, a computer animation can tell the entire story. Computer animations can allow the jury to see the accident through the eyes of the plaintiff, the defendant or a third person. Click here to see an example of a Computer Animation.

Day in The Life Video      Although people can intellectually understand the effects of crippling injuries, a day in the life video can allow the jury to see what a person with those injuries has to endure 24 hours a day. Activities of daily living that we take for granted can be a struggle for someone with catastrophic injury. The jury needs to understand the full extent of the plaintiff's injuries in order to award the compensation the plaintiff deserves.  Enlargements         In any case, even those with thousands of exhibits, there may be three or four documents that are the key to success. In these few documents, the crucial information may be limited to a few words or sentences. Highlighting and enlarging these points will allow the jury to concentrate on what is important. Click here to see examples of Enlargements. Excerpts       A document or a deposition or trial transcript may contain too much information. Taking excerpts from lengthy documents and displaying that to the jury will help them focus on the important information. Click here to see examples of Excerpts. Graphs and Charts       Graphs and charts can assist the jury in making sense out of testimony or voluminous documents. Graphs can often tell the story much better than the most eloquent speaker. Charts can also help the jury focus on the important issues in a case. Click here to see examples of Graphs and Charts. Jury Instructions      At the end of the trial the Judge will read a number of instructions to the jury. It can take as little as 15 minutes or as much as an hour for the Judge to read to the jury the law they must follow. Enlarging the important Jury Instructions and using them during Closing Argument is an effective way to demonstrate why the jury should vote in favor of the client. Click here to see an example of a Jury Instruction that was enlarged for a jury trial. Marking Pen and Butcher Paper      Sometimes less is more. A simple line drawing can explain what happened. A simple word written on the board can often sum up the motive behind a defendant's action. Click here to see an example of Marking Pen on Butcher Paper Mechanism of Injury Animation      Sometimes using a still illustration does not fully express how an actual injury occurred. In these circumstances it may be helpful to use an Accident Reconstruction Video. Click here to see an example of a Mechanism of Injury Animation created for a products liability trial. Medical Illustrations         Medical testimony in personal injury and medical malpractice cases can be confusing. Custom designed medical illustrations assist the jury in understanding technical expert testimony. Click here to see examples of Medical Illustrations. Models        Anatomical models and specially created models depicting an accident scene or a defective piece of equipment that is used during the testimony of an expert witness and during closing argument can often emphasize a point more than an illustration. Click here to see examples of Models. Photographic Enlargements       If one picture is worth a thousand words, the photo shown to the jury must be large enough for all the jurors to see and appreciate. Click here to see examples of Photographic Enlargements. Timelines      Certain cases require the jury to understand not only the final event but what led up to it. At times the events may span years or decades. A timeline is a visual aid for the jury to track the events in a chronological order. Click here to see examples of Timelines.

Click to Enlarge Medical Illustration     Click to Enlarge Medical Illustration   Click to Enlarge Timeline

Conclusion

How one displays demonstrative evidence is dependant upon the evidence one wishes to introduce and the physical limitations of the courtroom. One or more easels can be placed in the courtroom to display demonstrative evidence boards. Demonstrative evidence can also be displayed on projection screens or television monitors using PowerPoint, Elmo, DVD or video.

Considerable care should go into deciding the type of demonstrative evidence to use, as well as the information to display. Too much information can confuse the jury. Too much demonstrative evidence can diminish its effectiveness. Demonstrative evidence that isn't accurate is worse than no evidence at all.

Cheong, Denove, Rowell & Bennett has the extensive resources to handle the most complex legal matters, yet is small enough to offer individualized service to our clients. At Cheong, Denove, Rowell & Bennett we believe the more you know, the better choice you will make. Contact Us

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