Cameras in the CourtroomCameras in the Courtroom

Seth HolubarSeth Holubar Adam BinderAdam Binder Dan KellyDan Kelly Noah HabanNoah Haban Eric LeBarronEric LeBarron

AgendaAgenda

Problem DefinitionProblem Definition AssumptionsAssumptions Technology AnalysisTechnology Analysis Audience AnalysisAudience Analysis Sense MakingSense Making RecommendationRecommendation Rules Of ThumbRules Of Thumb QuestionsQuestions

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

Stated ProblemStated Problem

Advise a local judge about the impact Advise a local judge about the impact of TV cameras in the courtroom to of TV cameras in the courtroom to help her decision regarding a high help her decision regarding a high profile murder case involving the profile murder case involving the murder of a local student by a murder of a local student by a college professor.college professor.

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

The Judge’s Questions:The Judge’s Questions:

Impact on proceedings?Impact on proceedings? Impact on participants' rights?Impact on participants' rights? Ethical implications?Ethical implications? Pros and Cons of allowing TV Pros and Cons of allowing TV

coverage?coverage? Other Media Alternatives?Other Media Alternatives? Our firm’s recommendations?Our firm’s recommendations?

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

Actual ProblemActual Problem

Part 1Part 1Answer the judge’s questions about the Answer the judge’s questions about the

impact of television technology in a impact of television technology in a courtroom.courtroom.

Part 2Part 2Help the judge make sense of the technology Help the judge make sense of the technology

and recommend rules of thumb to follow and recommend rules of thumb to follow for this and future cases.for this and future cases.

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

Grounded AssumptionsGrounded Assumptions

Not a federal case, so cameras are allowedNot a federal case, so cameras are allowed High Profile case, so public has already High Profile case, so public has already

seen victims family and the accused in the seen victims family and the accused in the newsnews

Victim is over 18 (in college)Victim is over 18 (in college) Judge has limited experience with media in Judge has limited experience with media in

courtroom. “Limited User” courtroom. “Limited User” One camera only (if allowed) with feed to One camera only (if allowed) with feed to

multiple news networksmultiple news networks

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

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

Impact of Technology on Impact of Technology on ProceedingsProceedings

O.J. Simpson trialO.J. Simpson trial Witnesses and lawyers became starsWitnesses and lawyers became stars Impacted public opinion even though Impacted public opinion even though

found not guiltyfound not guilty Anna Nicole Smith debacleAnna Nicole Smith debacle

Judge more theatricalJudge more theatrical Makes mockery of court judicial Makes mockery of court judicial

systemsystem Turning courtroom proceedings into Turning courtroom proceedings into

entertainment entertainment

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

Current Use of CamerasCurrent Use of Cameras

Not allowed in Federal Courts.Not allowed in Federal Courts. (Audio only is occasionally allowed.)(Audio only is occasionally allowed.)

Allowed in all states at judge’s Allowed in all states at judge’s discretion discretion

Small Claims & Divorce Court TV ShowsSmall Claims & Divorce Court TV Shows Judge WapnerJudge Wapner Judge JudyJudge Judy Judge Joe BrownJudge Joe Brown Judge MilianJudge Milian Judge HatchetJudge Hatchet

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

B-C=VB-C=V

Media AlternativesMedia Alternatives

AudioAudio PhotographersPhotographers Sketch ArtistsSketch Artists Stenographer Stenographer Delayed broadcast/documentary Delayed broadcast/documentary Post trial interviewsPost trial interviews Books/moviesBooks/movies

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

Rich/Lean ModelRich/Lean Model

Rich MediaRich Media Gallery MemberGallery Member

Lean MediaLean Media Print Media/TranscriptsPrint Media/Transcripts Web LogsWeb Logs Audio Live TV CoverageAudio Live TV Coverage Streaming Online VideoStreaming Online Video

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

Diffusion of InnovationDiffusion of Innovation

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

Impact of Technology on RightsImpact of Technology on Rights VictimsVictims

Emotionally exploitedEmotionally exploited

The publicThe public Feels they have the right to be in courtroom Feels they have the right to be in courtroom

via the TV camerasvia the TV cameras

The accusedThe accused SympathySympathy ProfitProfit FameFame

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

Audiences ImpactedAudiences Impacted

Defendant (Accused)Defendant (Accused) Victim’s FamilyVictim’s Family ProsecutorProsecutor JuryJury Gallery of ObserversGallery of Observers The MediaThe Media The PublicThe Public

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

SMCRSMCR

Judge’sJudge’s

ObjectiveObjectivess

Intended Intended MessagesMessages

Available Available ChannelsChannels

Audience‘sAudience‘s

BackgroundBackground

JusticeJusticeInformInformEducateEducateTimelinesTimelinesssFairnessFairness

ProfessionalismProfessionalismEqualityEqualityEvidenceEvidenceConfidentialityConfidentialityRespectRespectFormalityFormalityBalanceBalanceIntegrityIntegrity

Live TV CoverageLive TV CoverageDelayed Delayed CoverageCoverageAudioAudioPrint MediaPrint MediaReportersReportersSketch ArtistsSketch ArtistsInternet (I.e.Blogs)Internet (I.e.Blogs)

Many DifferentMany DifferentAgesAgesOccupationsOccupationsGendersGendersRacesRacesAccess Access LevelsLevelsEducationEducation

LevelsLevels

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

SMCR Tests for TV CoverageSMCR Tests for TV Coverage

S-M Test = Potential ConflictS-M Test = Potential Conflict Depends on behavior of participants in courtDepends on behavior of participants in court

S-C Test = CompatibleS-C Test = Compatible TV is great for informing & educating publicTV is great for informing & educating public

M-R Test = Potential ConflictM-R Test = Potential Conflict TV audiences value drama over informationTV audiences value drama over information

C-R Test = CompatibleC-R Test = Compatible The public believes they have a right to knowThe public believes they have a right to know

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

Sense Making for the JudgeSense Making for the Judge Judge is a Mediator and RegulatorJudge is a Mediator and Regulator

Needs to feel in full control of situationNeeds to feel in full control of situation Responsible to uphold justice firstResponsible to uphold justice first Recognizes right of press to report to Recognizes right of press to report to

publicpublic Hesitant to allow distractions into courtHesitant to allow distractions into court

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

Sense Making for the JudgeSense Making for the Judge Experience = limited technologyExperience = limited technology

Court Transcriber records proceedingsCourt Transcriber records proceedings Photographers & Sketch ArtistsPhotographers & Sketch Artists Reporters attend and then write articles Reporters attend and then write articles Not TVNot TV

Precedents set by earlier cases. Precedents set by earlier cases. Public convicts based on TV (OJ Simpson Public convicts based on TV (OJ Simpson

Case)Case) Potential for biasing the jury poolPotential for biasing the jury pool

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

Categories & SchemaCategories & Schema

Silent Observer Equivalent to

Gallery Member

Invasive Distraction

Equivalent to Paparazzi

A way to educate the

public

A way to influence the

Public

Ways the Judge Can See the Camera

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

Information PoliticsInformation Politics

More Less

Centralization of Control

FederalismMonarchy Feudalism Anarchy

Judge

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

Our RecommendationOur Recommendation

Restricted Television Coverage Restricted Television Coverage Fixed camera (no zoom or pan) Fixed camera (no zoom or pan) Delayed Delayed Edited by court mediator Edited by court mediator Camera does not show Jury boxCamera does not show Jury box Fed to mediaFed to media Judge regulates which channels have accessJudge regulates which channels have access Judge can cut feed for any reasonJudge can cut feed for any reason

Problem Def. / Assumptions / Tech Analysis / Audience Analysis / Sense Making / Recommendation / ROT

Camera PlacementCamera Placement

ROT for This & Future CasesROT for This & Future Cases

If necessary, delay or block release of part If necessary, delay or block release of part or all of the recording to protect identity or or all of the recording to protect identity or innocence of participants until after trial.innocence of participants until after trial.

Record everything that happens for Record everything that happens for accurate record, and let the networks accurate record, and let the networks worry about whether they can show it.worry about whether they can show it.

Provide a public access to the entire Provide a public access to the entire recording after the trial is over, so they recording after the trial is over, so they can check it out themselves.can check it out themselves.

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

ROT ContinuedROT Continued

Make Sure Court Mediator Make Sure Court Mediator understands what they may or may understands what they may or may not show.not show. Face-To-Face ConversationsFace-To-Face Conversations Not Emails or MemosNot Emails or Memos

Don’t allow the networks to bring in Don’t allow the networks to bring in their own cameras & crews.their own cameras & crews.

Block the feed to any reporters that Block the feed to any reporters that abuse the abuse the privilegeprivilege..

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

ROT ContinuedROT Continued

Monarch System of Information Monarch System of Information Politics allows the kind of control Politics allows the kind of control needed to ensure message sent needed to ensure message sent through TV channels is closest to the through TV channels is closest to the one intended. one intended.

Still no guarantee it will be received Still no guarantee it will be received correctly.correctly.

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

Questions?Questions?