LAW RELEVANCE Relevance is about what content you decide to put inside the frame. Evidence is relevant if it helps to prove or disprove a fact that is in question in an investigation or at trial. It does not need to make the fact certain, but it must at least increase or decrease the likelihood of some fact. Here are two key qualities that will enhance the relevance of your footage: 1) HELPS TO PROVE AN ELEMENT OF AN ALLEGED CRIME As discussed in the sections “Anatomy of a Crime” and “Collection Planning,” every crime is broken down into “elements.” A video clip is relevant if it helps to prove one of these elements. If it does not, it is likely irrelevant and will not be admitted in court. Here is a simple example: If the International Criminal Court has charged a militia leader with the recruitment of child soldiers but not with torture, footage of children at military training camps will be relevant. Footage of adult soldiers torturing civilians — while criminal and horrific — will not likely be relevant and, in turn, will not be admitted into evidence. There are exceptions to this. In short, there are times when evidence may clearly prove an element of a crime but will not be admitted because it is duplicative or confusing. For instance: • • If a series of photos of a mass grave have already been admitted and considered by the judge, a video may not be admitted because it provides the same information. A short, shaky, video that includes continuous movement with many pans and zooms may not be admitted, even though it shows that an elementary school was hit by an illegal barrel bomb, because it is impossible for a viewer to make sense of the footage. 2) IS NOT PREJUDICIAL Even if evidence proves an element of the crime, a judge may still exclude evidence from the courtroom if the evidence is prejudicial. Evidence is prejudicial if it provokes emotional bias or misleads or unfairly sways a judge or jury. Consider the following examples of videos that may not be admitted as evidence. • • A video of an altercation with police that includes audio of inflammatory comments directed at the officers, such as, “Hey man, why are you being such an ***? Leave that man alone, ***; he isn’t doing anything. Get off of him you ***. **** cops. *** cops are all criminals.” This may not be admitted because the audio is profane and full of unsupported opinions that evoke emotion. A 25-year-old man is charged with assault but has no prior arrests and no recent history of violence. A video of him at age 15 starting a fight during a hockey match ten years earlier would likely not be admitted. FOR MORE INFORMATION To learn more about how to capture relevant footage that proves elements of a crime, see “Collection Planning” at vae.witness.org 54 VIDEO AS EVIDENCE: ALL ABOUT EVIDENCE V 1.0