Playing with evidence: Using video games in the courtroom

Abstract

Courtroom environments, which have been one of the last bastions of the oral tradition, are slowly morphing into cinematic display environments [1]. The persuasive oral rhetoric of lawyers is increasingly being replaced by compelling visual media displays presenting a range of digital evidence in a convincing and credible manner [2,3]. There are a number of fundamental implications inherent in the shift from oral to visual mediation and a number of facets of this modern evidence presentation technology need to be investigated and analysed. Recently, a number of courtrooms around the world have seen the presentation of forensic evidence within reconstructed virtual environments powered by real-time game engines. At first glance, these graphical reconstructions may be seen as potentially useful in many courtroom situations, and they are often treated like any other form of digital evidence regarding their admissibility [4]. However, perhaps this specific form of digital media warrants special care and attention due to its inherently persuasive nature, and the undue reliance that the viewer may place on the evidence presented through a visualisation medium [5,6]. This paper describes a range of examples of where evidence has been presented in courtrooms using video games technology (particularly forensic animation and virtual crime scene reconstructions) (The author acted as an expert witness in all of the cases discussed, responsible for the preparation of the virtual reconstructions used as case studies in this paper. Most of the work was undertaken through the author’s own company in the UK, Aims Solutions Ltd., < www.aims-solutions.co.uk>). The paper then describes experiments undertaken to assess the impact of the technology on jurors and describes some of the issues raised by the results. The paper concludes with a discussion of the potential benefits and problems of implementing this technology in courtroom settings.