Video Reenactments Make Simulations More Realistic
by
Lee Stuesser

A staple teaching method in many clinical courses is the simulation. A problem is posed and the scenarios are handed out to the would-be witnesses, who are then interviewed or examined by the student lawyers. The trouble is that the witnesses have seen nothing, heard nothing, and experienced nothing. They are actors pure and simple, who have no true memory of the alleged incident. The result is that the simulated exercise lacks realism. It is a work of fiction that requires the witnesses to re-create the incident in their minds.

To make simulations more realistic, try videotape reenactments. These are forms of "crime stopper" vignettes. The witnesses are given background information. They are told who they are, where they were, and what they saw. The witnesses then watch a videotape of the incident -- only once. Following the viewing they write a witness statement, which ties them to what they have seen. The student witnesses can then be interviewed by counsel and examined upon what they actually saw.

Professor Michael Ahlen at the University of North Dakota first developed this technique. He used clips from "Cops." You know the ones, in which a police officer is shown in pursuit of a stolen car or making an arrest. A problem is then posed surrounding the clip, and students are instructed to prepare a direct and cross-examination.

An Example

One clip involves the pursuit of a stolen truck. The camera is in the police car. It follows the pursuit, which ends when the truck spins out of control, rolls, and lands in a field. The accused is charged with causing death by dangerous driving. The witnesses are told that they are law students who were in the police car as part of a "ride along" program offered by the local police department. The issue is whether the accused actually was the driver of the truck and, if so, was he driving in a dangerous manner. The witnesses watch the videotape, write their statements, and are interviewed by counsel, who prepare and present direct examination. The witnesses' statements are turned over to opposing counsel who conduct cross-examination.

I have added to the videotape vignette idea by creating trial problem reenactments. Our students are required to prepare and conduct a full trial. They work in pairs and the problems are designed to have two witnesses per side so that each counsel conducts one direct and one cross-examination. The examinations are designed to be done in 15 to 20 minutes. For the trial reenactments videotapes are prepared from the perspective of each witness. Therefore, instead of watching one scenario, each witness sees the event through his or her own eyes. Four witness perspectives are created.

A Sample Trial Problem

An action is brought against the local police department for assault and battery. The police shot a young woman as she was driving away from a liquor store. The police thought she was the driver of a getaway car. The officers received a dispatch call that a robbery was taking place at the liquor store. A description of the robber was given. When the officers arrived at the scene they saw a young man run from the store. He fit the description. They chased the suspect on foot until he got into the getaway car. As it was leaving the parking lot one of the officers fired twice. The young woman was shot. She survived. It was a mistake. The young man seen running actually was fleeing from the real robber. The issue in the case is one of reasonable use of force by the police. The videotape is shorter than three minutes.

The police officers view a videotape that starts with the dispatch call. The camera shows the man running from the scene. It then follows the two officers as they pursue.

The driver and the young man watch a videotape that begins with them arriving at the liquor store. The camera then follows the young man to the store and his return to the car. Another camera remains with the driver in the car.

The case is built on the witness statements supplemented with other material. I give counsel a map of the scene and a transcript of the dispatch call. I also provide a medical report so that counsel can prepare proper pleadings and conduct a meaningful settlement negotiation.

As a final exercise, we show the examining students the videotapes that their witnesses saw. This exposes two important realities: 1) The frailties of eyewitness testimony (it is amazing how differently witnesses will interpret and retain information on a given incident) and 2) the need for counsel to conduct a thorough and well-structured interview to uncover all the pertinent information from witnesses.

A Series of Reenactments

I have prepared five other videotape reenactments.

1. Police Assault and Battery -- The police pursued a speeding white van. They momentarily lost contact but saw a white van parked in the driveway of a home. The engine was still warm. The officers entered the home. The homeowner resisted arrest and he was pepper sprayed.
2. A Lawyer's Duty to Warn -- A lawyer represented a man charged with the attempted murder of his wife. The man underwent a psychiatric evaluation and was released on bail. Family members came to the lawyer with concerns about the man. A rifle was missing and so was the husband. Later that day the husband murdered his wife and killed himself.
3. An Intoxicated University Student Brings an Action Against the University and Supplier of Alcohol -- An underage student living at a university became intoxicated in his residence room. He was provided with free samples of alcohol from a marketing representative of a rum distillery. The residence floor supervisor allowed the representative to distribute the samples on the floor and was aware that the student was drinking. The student fell down a flight of stairs and his football career was ended.
4. Acting in Defense of a Third Person -- A couple were drinking in a bar. The husband engaged another patron in a pool game. The husband lost and was not happy. The couple left. Outside the bar they argued over the car keys. The wife wanted to drive and the husband refused to give her the car keys. They struggled and she fell to the ground. At this moment the bar patron who won the pool game came out. He saw the husband standing over the wife. The man reacted by hitting the husband.
5. False Arrest -- A young woman entered the university bookstore. She did not leave her bag in the lockers provided. Store security observed her put a book in her bag. As she left the store the alarm went off. She claimed innocence. She also had a rental videotape with her. These rental tapes have in the past set off the alarm.

Readers can obtain copies of the reenactments by contacting me.