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Computer-Generated Trial Exhibits: A Post-Daubert Update
Technical Paper
1999-01-0101
ISSN: 0148-7191, e-ISSN: 2688-3627
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English
Abstract
Taking as its reference a pre-Daubert set of predictions [Bo:91] regarding the judicial reception to computer-generated (CG) animations and simulations, this paper surveys and analyzes the appellate rulings regarding CG imagery in the wake of the Daubert decision [Da:93]. It also reports on a survey carried out by the authors among 39 active accident reconstructionists regarding CG imagery that these investigators have encountered in their work. The results of this survey suggest that the use in court of CG animations is much less common than one might infer from either the popular press or the accident reconstruction press. The paper concludes that Daubert will in the short run, though probably not in the long, produce some strange results with respect to both acceptance and rejection of CG animations and simulations. Finally, the paper addresses the problems inherent in having an animation prepared without direct and continued input from the accident reconstructionist who is intended to use it as illustrative material in court. As part of this final topic, the paper sets out the respective rationales for demanding various levels of discovery on CG animations.
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Citation
Bohan, T. and Yergin, A., "Computer-Generated Trial Exhibits: A Post-Daubert Update," SAE Technical Paper 1999-01-0101, 1999, https://doi.org/10.4271/1999-01-0101.Also In
References
- Advisory Committee on Evidence Rules The proposed changes are quoted verbatim from a memo addressed by Smith Judge Fern M. to Stotler Hon Alicemarie H., regarding the report of the Advisory Committee May 1 1998 Available on the Internet at: www.uscourts.gov . Judge Smith states that the proposal is also a response to bills then pending in the 105th Congress that purport to “codify” Daubert , and that the Committee saw the bills as generating more problems than solutions on the scientific evidence front. Note that a ruling by the Advisory Committee on the proposed Rule 702 amendments will be made in the Spring of 1999, and that public comment is solicited before that time.
- Bodaken, Edward M. Using Courtroom Presentation Technology Strategically 14 10 Legal Tech Newsl 5 January 1997
- Bohan Thomas L. Computer-Aided Accident Reconstruction: Its Role in Court SAE Paper No. 910370 Society of Automotive Engineers Warrendale, PA 1991
- Bohan Thomas L. COMPUTER-GENERATED IMAGES (CGI): An Introduction to the Use of Forensic Animations and Simulations 9 FORENSIC ACCIDENT INVESTIGATION Bohan T.L. Damask, A.C. Michie Butterworth: 1995 395 411
- 105th Congress: Senate bill entitled Civil Justice Fairness Act of 1997 proposed several changes to Rule 702 including the following new language (1) Testimony in the form of an opinion by a witness that is based on scientific, technical or medical knowledge shall be inadmissible in evidence unless the court determines that such opinion - (A) is based on scientifically valid reasoning; (B) is sufficiently reliable so that the probative value of such evidence outweighs the dangers specified in rule 403; and (C) the techniques, methods, and theories used to formulate that opinion are generally accepted within the relevant scientific, medical, or technical field. (2) (c) EXPERTISE IN THE FIELD - Testimony in the form of an opinion by a witness that is based on scientific, technical, or medical knowledge shall be inadmissible in evidence unless the witness’s knowledge, skill, experience, training, education, or other expertise lies in the particular field about which such witness is testifying.It appears that this bill did not come up for a vote and therefore dies with the 105th Congress.
- D’ngelo Carlo The Snoop Doggy Dogg Trial: A Look at How Computer Animation Will Impact Litigation in the Next Century 32 U.S.F. L. Rev. 561 (University of San Francisco Law Review) Spring 1998
- Daubert V. Merrell Dow Pharmaceuticals, Inc. 113 S. Ct. 2786 1993
- Fay, R.J. Computer Images and Animations in Court SAE Paper No. 970965 Society of Automotive Engineers Warrendale, PA 1997
- Fisher Barry A.J. President’s Message: Amendments to the Federal Rules of Evidence Academy News (American Academy of Forensic Sciences) 28 4 July 1998 3 5
- Frye v United States 293 F 1013 1923
- Grimes, W.D. Computer Animation Techniques for Use in Collision Reconstruction SAE Paper No. 920755 Society of Automotive Engineers Warrendale, PA 1992
- Grimes, W.D. Classifying the Elements in a Scientific Animation SAE Paper No. 940919 Society of Automotive Engineers Warrendale, PA 1994
- Grimes, W.D. Smith Corbett D. Documenting Scientific Visualizations and Computer Animations Used in Collision Reconstruction Presentations SAE Paper No. 980018 980018 Society of Automotive Engineers Warrendale, PA 1998
- Kousoubris Evelyn D. Computer Animation: Creativity in the Courtroom 14 Temp. Envtl. L. & Tech. J. 257 TempleEnvironmentalLawandTechnologyJournal Fall 1995
- Livingston v Isuzu Motors, Ltd 910 1473 D. MT 1995
- McLay Richard W. Kiely, S.J. Sheehan, M.L. Case Studies in Animation Foundation SAE Paper No. 940920 Society of Automotive Engineers Warrendale, PA 1994
- Peterson, D.N. 3D Animations for Litigation of Highway Accidents Journal of the National Academy of Forensic Engineers June 1995
- Pierce v State of Florida 671 So.2d 186 1996
- Sterling v Velsicol Chemical Corp. 855 F.2d 1188 1988
- Starrs James E. Recent Developments in Federal and State Rules Pertaining to Medical and Scientific Expert Testimony 34 Duquesne Law Review 816 1996
- Stephenie, Stone Evidence Litigation and Trial Techniques: Evidence, WLN 1389 West’s Legal News March 15 1996