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Elaine Nugent
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Director, Office of Research and Evaluation
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Prosecutors know that the quality of evidence from law enforcement investigations can significantly impact how prosecutors proceed, and more importantly, can affect the outcomes of criminal cases. Videotapes that capture criminal behavior can be extremely beneficial to prosecutors in securing guilty pleas and convictions. Moreover, videotapes can enhance prosecutors’ ability to evaluate cases. The benefits of videotape evidence can, however, be offset by a host of factors.
As part of a new collaborative partnership with the International Association of Chiefs of Police (IACP), APRI’s Office of Research and Evaluation (OR&E) is conducting research that will help identify the pros and cons of videotape evidence produced by in-car cameras. IACP’s project, funded by the Office of Community Oriented Policing Services (COPS), U.S. Department of Justice, is a comprehensive evaluation of the implementation of in-car video cameras to understand how video cameras affect community policing and to develop guidance on how to implement a successful in-car camera program. Of particular interest is the impact of the camera on citizen complaints about law enforcement and allegations that may lead to criminal or civil cases against officers.
Under contract to IACP, the OR&E will conduct a nationally representative survey of prosecutors’ offices across the country to identify the benefits, challenges and barriers they face with regard to eventually using videotape evidence. In particular, the OR&E will examine several critical issues with regard to the potential “down” side of videotapes for prosecution. These issues include the following:
- Problems with videotape quality, such as improper setup and use of equipment, failure of equipment, law enforcement procedural errors captured on tape, or complications with audio;
- Challenges raised by defense counsel with regard to videotape, such as chain of custody issues, inadmissible statements, Miranda challenges, statements of prior convictions, redaction of the videotapes, admissibility of viewing field sobriety tests, privacy issues, and Fourth and Sixth Amendment challenges;
- Ease of obtaining videotapes;
- Notification that the law enforcement agency has disclosed a copy of the videotape(s) to the defense counsel; and
- Impact of videotapes on case preparation, time spent viewing the tapes, comparing officers’ written transcripts to tapes, preparing written transcripts of tapes, and allowing officers to recall events and facts not contained in the reports.
IACP will use the results of the OR&E survey to prepare a model policy and best-practices guide for law enforcement on operating and managing in-car cameras and video recorded evidence. The study results will also help APRI identify significant issues facing prosecutors and then develop new training and technical assistance to address those issues.
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