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Slow-motion replays can distort criminal responsibility

bbc.com

11–20 of 72 posts

Re: Slow-motion replays can distort criminal responsibility

#11

Having recently sat on a Jury in the UK, deliberating on a triple assault case, the CCTV was the most crucial piece of evidence - eye witness reports were patchy and in some cases contradictory, and watching the events on CCTV was important in deciding what actually happened. If we had not had access to the CCTV - both in real time and slowed down (which was actually produced by the defence, not the prosecution), the…

My view is that the aim of a using juries is to bring the things humans are good at* to the judgment process, i.e. deciding who's lying under cross-examination. Humans might be good at detecting 'intent' in the real world and calibrated for reality. Their calibration might be completely wrong for slow-motion. So maybe slow-mo does give a better view of what happened to establish the facts of the matter but may drasti…

It's more about bringing independence to the judgement. It's a check against the system, or an overly powerful state.

A judge may know the law more precisely than a layperson, but is no less fallible. But they are of the system.

Juries work remarkably well on that basis. That's not to say they're likely to be better at deciding truth, guilt or innocence. They'll undoubtedly bring some of their prejudices in from the street.

Juries have the ability to acquit a defendant despite the evidence and facts (jury nullification), which is very rarely if ever pointed out to juries. Only case I can think of was Clive Ponting, a UK civil servant, prosecuted for leaking Falklands war documents. He claimed to have done so in the public interest. The governement position was public interest is whatever we think it is. The judge directed them to convict. The jury acquitted. The govt was not happy. They later changed the Official Secrets Act such that this defence was no longer possible and since then public interest is now whatever the UK Govt says it is.

Re: Slow-motion replays can distort criminal responsibility

#12

Having recently sat on a Jury in the UK, deliberating on a triple assault case, the CCTV was the most crucial piece of evidence - eye witness reports were patchy and in some cases contradictory, and watching the events on CCTV was important in deciding what actually happened. If we had not had access to the CCTV - both in real time and slowed down (which was actually produced by the defence, not the prosecution), the…

My view is that the aim of a using juries is to bring the things humans are good at* to the judgment process, i.e. deciding who's lying under cross-examination. Humans might be good at detecting 'intent' in the real world and calibrated for reality. Their calibration might be completely wrong for slow-motion. So maybe slow-mo does give a better view of what happened to establish the facts of the matter but may drasti…

Other, more important factors than what happened? Please elaborate.

Re: Slow-motion replays can distort criminal responsibility

#14

But the article doesn't explain why it calls it "distortion", and not "clarification".

>The researchers believe that the slow motion version is giving observers the sense that those carrying out the violent acts on tape have more time to think and deliberate - and the observers therefore believe there is more intent in the violent actions. Premeditation makes the difference between first- and second-degree murder, and being convicted of the former tends to bring much harsher sentences. The article desc…

[deleted]

Re: Slow-motion replays can distort criminal responsibility

#15
post #2

This has always been a pet-peeve of mine, watching sports replays. When re-run in slow motion, some tackles seem more aggressive, mostly because of the body motion of the "victim" being exaggerated, while others look benign. The commentators then make judgement calls on the validity of the umpire calls, which is made in real-time, based on their opinion that was formed using the slow-mo replay.

Wait until you get into watching cricket umpiring decisions that are referred to a TV umpire (by players or umpires) - slow motion replay (with a separate camera to normal tv coverage), hotspot cameras, microphones, ball tracking...

Re: Slow-motion replays can distort criminal responsibility

#16
post #2

This has always been a pet-peeve of mine, watching sports replays. When re-run in slow motion, some tackles seem more aggressive, mostly because of the body motion of the "victim" being exaggerated, while others look benign. The commentators then make judgement calls on the validity of the umpire calls, which is made in real-time, based on their opinion that was formed using the slow-mo replay.

Wait until you get into watching cricket umpiring decisions that are referred to a TV umpire (by players or umpires) - slow motion replay (with a separate camera to normal tv coverage), hotspot cameras, microphones, ball tracking...

Actually I have. And that's a different issue, but also very annoying.

Re: Slow-motion replays can distort criminal responsibility

#17

Earlier quoted context omitted.

My view is that the aim of a using juries is to bring the things humans are good at* to the judgment process, i.e. deciding who's lying under cross-examination. Humans might be good at detecting 'intent' in the real world and calibrated for reality. Their calibration might be completely wrong for slow-motion. So maybe slow-mo does give a better view of what happened to establish the facts of the matter but may drasti…

It's more about bringing independence to the judgement. It's a check against the system, or an overly powerful state. A judge may know the law more precisely than a layperson, but is no less fallible. But they are of the system. Juries work remarkably well on that basis. That's not to say they're likely to be better at deciding truth, guilt or innocence. They'll undoubtedly bring some of their prejudices in from the…

This exists in the US as well but the judge will throw you into contempt if you mention it.

Re: Slow-motion replays can distort criminal responsibility

#18

Earlier quoted context omitted.

My view is that the aim of a using juries is to bring the things humans are good at* to the judgment process, i.e. deciding who's lying under cross-examination. Humans might be good at detecting 'intent' in the real world and calibrated for reality. Their calibration might be completely wrong for slow-motion. So maybe slow-mo does give a better view of what happened to establish the facts of the matter but may drasti…

Other, more important factors than what happened? Please elaborate.

Is it a just law that should be enforced?

Re: Slow-motion replays can distort criminal responsibility

#19
post #13

The opposite might also be true - maybe slow motion shows true entent rather?

Perhaps. It seems like the issue is with slowmo is it looks like you have more time to decide and react, then you actually do. In real time it's more clear that an action was reactive, and that there was no time to make a calculated decision.

Re: Slow-motion replays can distort criminal responsibility

#20
post #2

This has always been a pet-peeve of mine, watching sports replays. When re-run in slow motion, some tackles seem more aggressive, mostly because of the body motion of the "victim" being exaggerated, while others look benign. The commentators then make judgement calls on the validity of the umpire calls, which is made in real-time, based on their opinion that was formed using the slow-mo replay.

Wait until you get into watching cricket umpiring decisions that are referred to a TV umpire (by players or umpires) - slow motion replay (with a separate camera to normal tv coverage), hotspot cameras, microphones, ball tracking...

With cricket the player's intent is not considered unlike many other sports and in courtroom trials. So looking at the most minute detail (e.g. the snickometer, the checks if the ball made a "snick" sound passing the bat, indicating contact) makes sense to the sport.
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