The Litigation Psychology Podcast

#321 - Video Evidence in Litigation

July 27, 2026·51 min
Episode Description from the Publisher

CSI Litigation Consultant Erin Daugherty, Ph.D., BCBA joins Bill Kanasky, Jr., Ph.D. to talk about video evidence in litigation. Erin and Bill discuss how cases with video as evidence play out, whether police body cam, surveillance video, dash cam, security cam footage, etc., and how video evidence influences and affects juror perceptions about the facts of the case. They talk about what jurors expect from video footage and how their perceptions about what occurred is often influenced by what the video shows, doesn't show, what angles are available or not available, the inclusion of audio, number of cameras, etc. Erin and Bill explain the challenge, and importance, of showing mock jurors video of catastrophic injuries or fatalities, the emotional toll these types of videos can take on jurors, and why testing the reactions and emotional responses to these videos is vital. Lastly, Bill and Erin describe why the test/retest focus group model is crucial to detecting juror comprehension issues and increase the validity and reliability of the research results. Watch the video of this episode here: https://youtu.be/estaY4YlOhQ

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