LAW
TAKE HOME POINTS
First, the videos captured by activists may never find their way into a courtroom. But
this does not diminish the value of video to support the pursuit of accountability. As the
investigation and trial against Lubanga illustrate, video is useful at different stages, from
supporting the call for an investigation to serving as evidence in the courtroom. In this
case, video was used from the beginning to the end of the process.
FOR MORE
INFORMATION
To learn more
about the purposes
video can serve,
see “All About
Evidence.”
vae.witness.org
Second, the video you film must be relevant and reliable. However, in the earlier stages of
the criminal justice process, the burden is lower — your video does not have to meet the
same high standards necessary to be introduced as evidence at a trial — so don’t worry
if the video you collect does not meet the standard for being “trial-ready.” It can still be
valuable.
Third, video evidence serves different purposes at trial. In the example above, we see how
video served as key prima facie evidence, proving that some of the Lubanga’s forces were
under the age of 15.
27 VIDEO AS EVIDENCE: STAGES & STANDARDS OF PROOF V 1.0
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