Body of Evidence.(Technology Information)

FORENSIC ANIMATION EVOLVES DESPITE SECRECY, CONTROVERSY

Forensic animation would not appear at the top of a list of applications that push the edge of computer or graphics technology. Compared to animated feature films, for example, scene-of-the-crime animations look primitive. But glossy production values and ultra-realism aren't necessary, and are even unwelcome in a venue that--in principle, at least--values dry facts over presentaion.

Simple as forensic animations may appear, however, the issues surrounding them are anything but. On the plus side, a well-made animation can educate jurors quickly, enabling them to come to a verdict within hours rather than days. For this reason, and also because of the increased availability of processor power (which translates to speedier turnarounds), the use of forensic animation is on the rise. On the minus side, however, it remains a somewhat controversial technique.

Just the "Facts"

Subjectivity, or the lack thereof, continues to be the main area of controversy surrounding forensic animation. For example, court and case law prohibits forensic animations from showing facial expressions, racial or ethnic characteristics, or death throes. The animation must be stripped to what is essential to the case and to what will stick in the minds of the juror. But of course, selecting one sequence of events over another, or one viewing angle over another, is a subjective act. With computer animation, says Fred Galves, professor of law at McGeorge Law School University of Pacific, in Sacramento, California, jurors tend to believe that "what they are seeing is more like a videotape of what actually happened instead of just a representation or a version of the facts according to your expert."

Galves argues, however, that all evidence is subjective. "Let's say you get a lawyer up there to give you his or her version of the facts. That is subjective but it's still acceptable." But a computer animation is subject to more exacting standards, he observes. "Then all of a sudden we need perfect scientific objectivity."

A secondary source of frustration to users of forensic animation is that even when technological advances are made, they are hard to track. Most such animations are never seen by more than a few lawyers and litigants. Pat Cleary, senior director of litigation services at Engineering Animation Inc. (EAI), estimates that 90 to 95 percent of the litigation animations in which the company is involved settle out of court. And settlements usually stipulate that terms be kept confidential.