Abstract

In Scott v. Harris (2007), the Supreme Court for the first time posted a video on its website, as an appendix to its opinion. The assumption of the majority in this 8–1 decision is that the video speaks for itself; only Justice Stevens suggests otherwise. Looking at the video ourselves, we may want to ask why the Court reacts as it does. I argue that the “reality effect” of the video overcomes analytic judgment on the part of the Court majority. And, further, that this will become a larger problem as videos of police–citizen encounters are promoted as self-interpreting evidence.

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