Cameras in the Courtroom

1. Cameras in the Courtroom • Seth Holubar • Adam Binder • Dan Kelly • Noah Haban • Eric LeBarron

2. Agenda • Problem Definition • Assumptions • Technology Analysis • Audience Analysis • Sense Making • Recommendation • Rules Of Thumb • Questions Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

3. Stated Problem • Advise a local judge about the impact of TV cameras in the courtroom to help her decision regarding a high profile murder case involving the murder of a local student by a college professor. Justice Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

4. The Judge’s Questions: • Impact on proceedings? • Impact on participants' rights? • Ethical implications? • Pros and Cons of allowing TV coverage? • Other Media Alternatives? • Our firm’s recommendations? Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

5. Actual Problem Part 1 Answer the judge’s questions about the impact of television technology in a courtroom. Part 2 Help the judge make sense of the technology and recommend rules of thumb to follow for this and future cases. Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

6. Grounded Assumptions • Not a federal case, so cameras are allowed • High Profile case, so public has already seen victims family and the accused in the news • Victim is over 18 (in college) • Judge has limited experience with media in courtroom. “Limited User” • One camera only (if allowed) with feed to multiple news networks Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

7. Impact of Technology on Proceedings • O.J. Simpson trial • Witnesses and lawyers became stars • Impacted public opinion even though found not guilty • Anna Nicole Smith debacle • Judge more theatrical • Makes mockery of court judicial system • Turning courtroom proceedings into entertainment Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

8. Current Use of Cameras • Not allowed in Federal Courts. • (Audio only is occasionally allowed.) • Allowed in all states at judge’s discretion • Small Claims & Divorce Court TV Shows • Judge Wapner • Judge Judy • Judge Joe Brown • Judge Milian • Judge Hatchet Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

9. B-C=V COSTS BENEFITS Privacy Rights "The Public's Right To Know" May Affect Testimonies Tunnel Vision Extreme Cases Inform Possible Circus Educate Editors Introduce Bias Checks & Balances Faith in the Judicial System Other Judges Allow Cameras Not Biased

10. Media Alternatives • Audio • Photographers • Sketch Artists • Stenographer • Delayed broadcast/documentary • Post trial interviews • Books/movies Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

11. Rich/Lean Model • Rich Media • Gallery Member • Lean Media • Print Media/Transcripts • Web Logs • Audio Live TV Coverage • Streaming Online Video Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

12. Diffusion of Innovation Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

13. Impact of Technology on Rights • Victims • Emotionally exploited • The public • Feels they have the right to be in courtroom via the TV cameras • The accused • Sympathy • Profit • Fame Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

14. Audiences Impacted • Defendant (Accused) • Victim’s Family • Prosecutor • Jury • Gallery of Observers • The Media • The Public Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

15. SMCR Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

16. SMCR Tests for TV Coverage • S-M Test = Potential Conflict • Depends on behavior of participants in court • S-C Test = Compatible • TV is great for informing & educating public • M-R Test = Potential Conflict • TV audiences value drama over information • C-R Test = Compatible • The public believes they have a right to know Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making/ recommendation / ROT

17. Sense Making for the Judge • Judge is a Mediator and Regulator • Needs to feel in full control of situation • Responsible to uphold justice first • Recognizes right of press to report to public • Hesitant to allow distractions into court Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT

18. Sense Making for the Judge • Experience = limited technology • Court Transcriber records proceedings • Photographers & Sketch Artists • Reporters attend and then write articles • Not TV • Precedents set by earlier cases. • Public convicts based on TV (OJ Simpson Case) • Potential for biasing the jury pool Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT

19. Categories & Schema Ways the Judge Can See the Camera Silent Observer Equivalent to Gallery Member A way to educate the public A way to influence the Public Invasive Distraction Equivalent to Paparazzi Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT

20. Information Politics Judge Anarchy Monarchy Federalism Feudalism More Less Centralization of Control Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT

21. Our Recommendation • Restricted Television Coverage • Fixed camera (no zoom or pan) • Delayed • Edited by court mediator • Camera does not show Jury box • Fed to media • Judge regulates which channels have access • Judge can cut feed for any reason Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / Recommendation / ROT

22. Camera Placement

23. ROT for This & Future Cases • If necessary, delay or block release of part or all of the recording to protect identity or innocence of participants until after trial. • Record everything that happens for accurate record, and let the networks worry about whether they can show it. • Provide a public access to the entire recording after the trial is over, so they can check it out themselves. Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT

24. ROT Continued • Make Sure Court Mediator understands what they may or may not show. • Face-To-Face Conversations • Not Emails or Memos • Don’t allow the networks to bring in their own cameras & crews. • Block the feed to any reporters that abuse the privilege. Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT

25. ROT Continued • Monarch System of Information Politics allows the kind of control needed to ensure message sent through TV channels is closest to the one intended. • Still no guarantee it will be received correctly. Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / recommendation / ROT

26. Questions?