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SUFFOLK LAW SCHOOL NEWS
 
Professor Silbey quoted in the New York Times regarding video evidence

Supreme Court Enters the YouTube Era (New York Times 3/2/09)

The Supreme Court is entering the YouTube era.

The first citation in a petition filed with the court last month, for instance, was not to an affidavit or a legal precedent but rather to a YouTube video link. The video shows what is either appalling police brutality or a measured response to an arrested man’s intransigence — you be the judge.

Such evidence vérité has the potential to unsettle the way appellate judges do their work, according to a new study in The Harvard Law Review. If Supreme Court justices can see for themselves what happened in a case, the study suggests, they may be less inclined to defer to the factual findings of jurors and to the conclusions of lower-court judges.

Full text of the article

 

 



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