KEY POINT LAW The table on the previous page illustrates the key point here, which is worth repeating: Different images can help prove different elements of a crime. On the frontlines, documenters tend to turn their camera toward the human rights violation as it is taking place. This footage is definitely valuable. But proving the actual violation is only part of what a lawyer needs to prove to secure a conviction. Understanding how a crime is structured will help you think about where else you should point your camera so your images can help prove different elements of the crime. ELEMENTS OF A CRIME: ANOTHER EXAMPLE Here’s a simpler example. This chart shows the elements for the base crime of “murder” committed by “individual perpetration.” This chart doesn’t include a column for “international crime” because it’s one person killing another outside of war or a mass atrocity situation. To prove murder when it’s not a war crime, a crime against humanity, or genocide, we only need to prove four elements. Much easier. WHAT: Base Crime MURDER HOW: Mode of Liability INDIVIDUAL PERPETRATION 4. The accused committed the crime as an individual (as opposed to ordering the killing, providing aid, inciting the murder, etc.) PHYSICAL ACTION (Actus Reus) 1. The accused killed one or more persons MENTAL STATE (Mens Rea) 2. The accused meant to engage in the killing of one or more persons. The accused meant to engage in the killing of one or more persons. 3. The accused meant to cause death or was aware that death was a likely consequence of his or her actions. The accused meant to cause death or was aware that death was a likely consequence of his or her actions. TEST YOUR SKILLS Make a list of video clips that could help prove the four elements you need to prove to hold someone accountable for murder by individual perpetration. Consider video’s strengths and limitations while making your list. Now let’s look at a story from the field to see how video can help prove an element of how a crime was committed. 35 VIDEO AS EVIDENCE: ANATOMY OF A CRIME V 1.0