Forensic Animation White Paper: The Case For 3d Animation In The Courtroom

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The Case for Using 3D Animation:

Table of Contents The Case for using 3D Animation: 1 How 3D Animation Should be used in Trial: Accident / Injury: Medical / Biological: Product Liability: Patent Infringement: Construction Defect: Toxic Tort:

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Animation’s Strengths: Animation Misuses:

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Admissibility of 3D animation in the Courtroom:

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Animation Do’s and Don’ts:

While 3D animation is still in its infancy, the advances in 3D technology are progressing at an exponential rate. In just the last 30 years, 3D has progressed from simple wireframe static images, to photo-realistic organic forms almost indistinguishable from living creatures. These hyper-realistic images are now becoming applicable to courtroom presentation, the fact that juries are viewing, and accepting these images in their daily lives, cannot be ignored as a powerful means of visual persuasion. A measure of the public’s acceptance of 3D graphics can be seen in the advertising industry, where automobiles are routinely sold to prospective buyers in commercials, without the viewer ever actually seeing the product they’re considering purchasing. Many automobile commercials show a purely digital representation of the vehicle, which can be easily idealized with manipulated reflections, lowered chassis and blacked out regions of the 3D model to present the product in an idealized portrayal. Yet the public never notices the difference in the showroom, and often doesn’t know that this is the first time they’ve actually seen the product they intend to buy. The undeniable ability of 3D graphics to suspend the viewer’s disbelief is a powerful factor when trying to “sell” an audience on your point of view. The case for using 3D in trial is essentially the same. The look and feel of 3D graphics is something that has become ingrained in our daily lives, and is now expected, rather than being the exception. It is inescapable, and is seen everywhere from TV, video games and movies, to iPod’s and cell phones. But beyond it’s obvious appeal to our visual way of thinking, as a medium it is more flexible than any other form of moving media.

Planning with Expert Witnesses: Storyboard Generation: Scene Generation: Static and Motion Tests: Final Production:

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Tips to Create a Successful Animation:

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Virtually any subject matter created in digital media can be carefully crafted to convey highly-complex concepts, scenarios and processes to the lay jury. When the foundation of a case is based on technical analysis, industrial processes or events that are outside the scope of the average juror, 3D graphics can clearly explain extremely difficult concepts to the non-technical person. While the foundation of your argument has to be established by a knowledgeable, and usually highly educated, expert witness, his or her analysis and testimony could be completely lost on the layman. So the ability to convey unfamiliar concepts, as well as presenting a visually appealing image to focus the jury, is why 3D graphics should be considered as demonstrative evidence.

Summary:

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How 3D Animation Should be Used in Trial:

How 3D Animation is Created:

Computer animation’s uses in trial are only limited by the presenter’s imagination. 3D lends itself to several specific subjects, but by no means is limited to the following:

Accident / Injury: While this is the most common topic for 3D in the courtroom, it is actually not the most powerful use of the medium. 3D does excel in safely placing the jury in a position to closely experience a traumatic event. It is basic human nature for the viewer to then associate themselves with the victim, and assess how they would have reacted to the

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situation themselves. Viewing constraints, timing issues, and judgment are instantly made clear in a way that no static exhibit or live testimony can. This is a typical example of showing a time ordered sequence of events to a juror, giving them the closest representation of the actual event. It could be argued that one could have videotaped the accident, with similar results. But many scenarios cannot be re-created safely, and 3D animation has the unparalleled flexibility of placing the viewer’s vantage point anywhere in the scene, including inside solid objects if desired. But because an accident recreation is subjective, and must be based on foundation data generated by a qualified accident reconstructionist, the animation can only be used as a demonstrative in support of expert testimony.

Medical / Biological: As the logical adjunct to Accident/Injury, Medical animation can also be used for medical malpractice or pharmaceutical purposes as well. But the main benefits are similar to all applications. Due to the complexity of biological systems, few laymen understand the complex workings of basic biology, from the chemical, electrical or cellular level, with regard to the function of the major organs in humans or animals. The additional consideration that many jurors consider surgical procedures and accident scenes unpleasant, 3D animation excels at “sanitizing” the explanation of an operation or an accident/crime scene. The detached nature of animation allows the jury to concentrate on the injuries or medical procedure, without eliciting the emotional response associated with seeing an actual person with severe injuries. In addition, 3D allows the viewer to experience microscopic interactions that could not be seen otherwise. Illustrating how a new drug interacts with specific cells, or how the endocrine or nervous system functions can easily be shown without requiring an extensive medical, or research background.

Product Liability: This topic often consists of a combination of the above two subjects, but 3D graphics has other benefits to Product Liability. Once again, it can be used to place the juror in the position of someone injured by a product, and show the injuries incurred. But in addition, 3D can also educate the juror on the operation of the product, its design and manufacturing process, as well as design flaws. Typically the jury is introduced to the product in question, if possible showing the actual article to the jury in trial. If it’s not

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feasible to bring the device into court, or it may even be obsolete and unavailable, then 3D graphics is the closest method of showing the jury what the device is, and how it operates. But even if the object is small enough to bring into the courtroom, it is often helpful to show how it’s manufactured, and assembled; easily and clearly accomplished with 3D animation. To illustrate the failure mode of the device, it may once again be too dangerous, or graphic, to video tape. And identifying the design flaw that caused the accident may require that the jury be educated on the material properties of a small part that failed inside the device. Disassembling the object in 3D, and zooming in to the atomic level (if necessary), and cutting the device along an arbitrary axis are all possible in 3D, if identified early in the project. Even the jay juror with no mechanical, metallurgical, or manufacturing background can easily understand the failure mode of a complex mechanism when they can see it happening before them.

Patent Infringement: Although this subject might be considered somewhat non-emotional and mechanical in nature, it can also include the above uses. While this is often the most technical subject in trial, and perhaps the most appropriate use of 3D graphics, it can also require ancillary animation to explain a biological or medical process related to the infringement. A mechanical device would clearly require that the lay jury understand how the original device operates, was designed and manufactured. The infringing device would then be explicitly described in the exact same terms, but visually highlighting the infringing characteristic for the jury. Once again, if either device were unwieldy, obsolete or only in the prototype stage, 3D graphics could represent it as clearly as if it were in the courtroom. If the case involved a medical device, the medical procedure may need to be illustrated, to show the jury the similarities and differences of the infringed device. Another facet of 3D graphics in patent infringement is for nonphysical infringement topic, like software or electronic patents. Educating the jury on non-physical concepts is particularly challenging, especially when physics or computer programming is involved. Illustrating the nuances of signal compression, digital imaging, bar code scanner software operation, or laser technology to the lay jury can be extremely difficult. But illustrating these concepts at the component, or even atomic level, is easily accomplished in 3D. With the right

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approach, even the lay juror can understand the most subtle points of your argument.

many cases. But it definitely should not be use for everything, and if used improperly can be ineffective.

Construction Defects:

Animation’s Strengths:

From a purely mechanical point of view, Construction Defects can be well-documented and made easily understood using 3D animation. The average juror has little knowledge of construction techniques, materials, and site preparation requirements. Grading considerations, drainage, fill requirements, along with concrete, steel and wood construction methods can be clearly demonstrated. Compressing time and showing the jury construction phases, quickly saves them the tedium of actual construction schedules. Delays in schedules, errors in construction, and improper use of materials or failure to adhere to building codes can all be clearly shown, regardless of how large the construction project is. The ability to move the camera to any location on the site, cut away layers of soil or building materials, or compare “as-built” plans to the final construction all help the jury to visualize the complexities of large construction techniques.

First and foremost, 3D animation should be used to illustrate a time ordered sequence of events. That may seem obvious, but all too often animation is used simply because the requester believes the “look” of 3D graphics will add weight to his or her presentation. As described below, creating 3D animation is an involved process. To build a complex object in 3D, only to then show a static image of the object, is not cost-effective. A photograph, video footage, or artist’s conception of a static object should always be used, if possible.

Toxic Tort: This subject matter is ideal for 3D animation, by its very nature. Often most of the damage due to a toxic spill is, by definition, not visible to the naked eye. This type of litigation involves showing the jury what cannot be seen in any other way, and requires substantial technical data in the form of borings, soundings, etc., to identify the extent of the contamination. Once established, the jury can then see the magnitude, and propagation, of the underground plumes. This often leads to showing how the contamination finds its way into the underground water aquifer, and into the local supply. By extracting subsoil sections from the surrounding topography, the lay juror can clearly be shown the extent of the damage, and the often high cost of cleaning up the site. Once again, the ability of 3D to move the camera anywhere in space, and show a micro, or macro view of the subject matter is key to using the medium to its maximum potential.

Animation Do’s and Don’ts: As mentioned above, 3D animation has particular strengths and when used properly, is often the most compelling exhibit for

The virtual camera is one of the most valuable capabilities in 3D. You can move though out your scene at will, through objects, below ground, from a macro view of the Universe, to the subatomic level. You can make apparently solid objects appear transparent, cut objects open, or fly through the smallest spaces within a mechanism to show how it operates. Once a scene is created, you can replay the object motion exactly viewed from any angle. This allows you to place the viewer’s eye point anywhere in the scene, to see what the event would have looked like from multiple perspectives. Because all objects in the virtual world have to be created from scratch (i.e. modeled similar to a CAD object), you can create variations on a single object, create objects that are obsolete, or that have been designed but do not yet exist, or turn normally solid objects into partially transparent ones, to see their inner workings (including biological representations of the Human body). Sanitizing unpleasant medical or accident scenes is often used to help the jury focus on the injuries or procedures, not the sensationalism of the images. And non-physical systems, such as electrons moving through a wire or drug interactions inside a microscopic virus can readily be illustrated. In short, almost any physical, non-physical, mechanical, or procedural system can be explained to the lay jury, without having to rely on the jurors interpreting the highly technical, and often tedious, testimony of expert witnesses. Even non-intuitive securities and contract cases can benefit from using animation,

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showing for example, the chain of custody of a contract during approval at the time a claim was being made. The application of 3D animation is only limited by the imagination of the requestor.

Animation Misuses: As briefly stated above, creating 3D animation is an involved process. If there is a more cost effective way to represent your position other than 3D, use it. If you can photograph an object, or video tape the events you need to show, do so. Using animation for animation’s sake can backfire in court. If your animation looks “too Hollywood”, with gratuitous explosions, sound effects, blood, etc., there is a good chance it will have to be re-worked to appear more objective. Juror’s expectations may be constantly increasing, due to the level of sophistication of animation they see every day. But it seems doubtful that the courts will tolerate the “entertainment factor” of such work products. When using 3D, it’s beneficial to balance your presentation by interspersing 2D animation, static images (photos), and video. Rather than try and represent every minute point graphically, allow the expert whose data was the basis of the animation to explain the minutia on the witness stand. Keep the pace of the animation moving to show the overview of your argument, concentrating on emphasizing the difficult concepts in clear images that the jury will understand, and retain. 3D Animation is best suited to explain concepts that are difficult to visualize outside the scope of the everyday experience of the jurors. A simple example of a poor use of 3D are the numerous TV commercials showing toothpaste being squeezed from a tube. This action is something we all do several times a day, and hardly something that is difficult to visualize, even in simple words. It is no more compelling than viewing toothpaste squeezed from a tube on video tape, and adds no more comprehension of the process to the viewer.

Admissibility of 3D Animation in the Courtroom: Concerns about admissibility are diminishing; 3D animation is rarely a concern and is treated like any other demonstrative exhibit, if it is created properly by an experienced trial consulting firm. It is critical that it not be misrepresented as foundation. As long as the requestor understands that the animation firm’s role is to accurately represent the technical data provided by the expert witness, the animation will be considered by the courts as any other piece of demonstrative evidence. If called to testify,

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the animation trial consulting expert need only state that no liberties, artistic or otherwise, were used to put the technical experts data into motion, and the technical expert agrees that the animation is a fair and accurate representation of his or her data, it’s rare that the exhibit would be rejected. Naturally if the court is biased against 3D (some have been known to state that it looks “too compelling”, but that will be known beforehand), or the animation is too dramatic and gives the appearance of bias, then it could be rejected. It is critical that the animation be factual, and informative; not sensational, or dramatic. But as courtrooms become more digital, and judges more accustomed to seeing high quality animation on a daily basis, the parameters for “Hollywood-style” animation could likely change sometime in the future.

How 3D Animation is Created: Although most clients are unconcerned with the details of how 3D animation is created, it is definitely in their best interest (and the best interest of their clients paying the bills), to understand the basics of how the exhibit they’re requesting is created. One minute of animation is 1,800 static images shown in quick succession, to give the illusion of motion. But each of the 1,800 images that comprise that animation are created in a very different way, as compared to a single static image that most litigators are familiar with.

Planning with Expert Witnesses: It is essential to plan early with your expert witnesses regarding the use, and purpose of the animation that will support their testimony. Once the experts have been determined, all materials in support of their testimony should be collected for a first meeting with your animation firm. Those materials may include, but are not limited to:

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Photo’s and video (crime scene, accident, site walkthroughs, etc.) Blueprints Topographic maps Bore sample cross sections As built drawings Police Reports Depositions Accident reconstruction plots etc.

Depending on the nature of your case, the animator will need all relevant data to produce a fair and accurate representation of the expert’s data. Collecting this material before the first

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meeting will save time and billing for your client. Some experts will expect that every detail of their analysis be represented in the animation. But that would constitute a simulation, not an animation. (Simulations are created using the actual equations of motion that the expert used in his or her analysis. That included friction, drag, interference and collision detection, mass, center of gravity, wind, etc., etc...) This would result in an exhibit that would be much more difficult to defend, and could be fairly easily undermined. An animation illustrating the key points of the expert’s argument, clearly showing visually what his rigorous data proves, is far easier to be admitted, and defended.

Storyboard Generation: A storyboard is a visual vignette of your final work product. It will be the “blueprint” the animator uses to create every scene in your video. It must be closely checked for accuracy, before final approval. Each frame of the storyboard must be scrutinized for form, color, camera angles, motion and interaction to ensure that the final video product will closely support the expert’s testimony. The importance of this process cannot be over stressed. In order to control costs, a detailed storyboard will keep the project from being an open ended billing process, resulting in cost over runs.

Scene Generation: Every object in a scene of an animation is constructed by hand, or by using commercially available 3D models. All elements in the scene are created similar to CAD (Computer-Aided Design) models. All objects are fully modeled in 3 dimensions, so that they can be viewed from any angle, and can interact as they would in the physical world. (A static exhibit is drawn from a single perspective. To view another angle requires re-drawing the object. This is not the case with a CAD model.) Anatomical and automobile models are generally purchased commercially. Due to the organic nature of human anatomy, it is more costeffective (and accurate) to purchase models digitized from actual organs, rather than build them from scratch. Similarly, digitized automobiles are often used to ensure correct visibility constraints. They are the same cars seen in TV commercials; digitized from the actual full scale automobile. This ensures correct body lines, windshield opening, hood and pillar line of sight obstructions, etc., to accurately show what the driver could, and could not see, during an accident.

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Static and Motion Tests: After the required models are purchased or built by hand, static images of all elements should be carefully checked for form, proportions, surface qualities, etc... Any discrepancy should be identified before any motion tests begin. If errors are found late in the animation process, it may require substantial re-work to re-create all the scenes with a corrected model. Once the elements are arranged in a digital scene, the objects can be put in motion to test their interactions. As the individual scenes are built; they should be reviewed individually for timing, speed, correct interaction, lighting and camera motion. Once each scene has been finalized, it can be integrated into the final presentation.

Final Production: Once all the models and motion are approved as per the storyboard, the individual scenes will be edited together to include transitions, titles, labels, arrows, etc., before being transferred to a DVD for playback.

Tips to Create a Successful Animation: The single most important factor that will contribute to the successful creation of your animation demonstrative is to plan early; at least 4-6 weeks before the exchange date (if applicable) to allow for a detailed storyboard, and adequate time to generate the thousands of images that will comprise your exhibit. This applies to a fairly basic animation, and large projects may require considerably more lead time, a good portion of which will be spent on the storyboard. If you are trying a large case, and expect 15-20+ minutes of animation to explain your position, it can take weeks to generate a final storyboard, and weeks more (sometimes months) to then create the final product. Few cases require more than 5-7 minutes of final footage; 2-3 for some basic cases. If properly planned, five minutes of a well thought out video can present an enormous number of concepts, and data, that the jury will readily comprehend. Explain to your experts how the animation is going to support their testimony. It should not reflect every number in their analysis, or be used as foundation in your case. A Simulation (using actual physics equations using friction, wind, drag, gravity, etc.) could be created at great cost. But it would be subject to strict scrutiny, if presented as foundation.

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A demonstrative (i.e., a fair and accurate representation of the key points of the expert’s testimony), is far easier to admit, and carries just as much weight, as long as the expert states that it fairly represents his analysis. It should illustrate the difficult concepts of the expert’s testimony that the lay jury would probably not understand, if all they were presented with was the expert’s numerical data. For long presentations, combine 3D and 2D animation, scanned

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photos, documents, and video into your presentation. It’s more cost effective to use existing conventional resources, than to create an entire presentation in 3D. It will also keep the audience more engaged, and create a more balanced presentation.

Summary: In summary, use animation when it’s not cost effective to create the demonstrative in any other way. Use the visual power of animation to convey technical concepts to a non-technical audience in a clear visually appealing manner. Exploit the ability to move the camera through a scene to any location, and represent objects that may be too large, too small, obsolete, or non-intuitive to the jury. Use animation to show a sequence of events over time, and take advantage of the ability to compress or stretch time as needed, to keep the jury focused on the point you want to make. Always allow more lead time to plan animation than would be needed for a series of static exhibits. Spending the needed time on a detailed storyboard will always pay off in the final deliverable, in presentation quality, comprehension and cost. Avoid trying to include too many aspects of your case in the animation. It’s tempting to want to “throw the kitchen sink” into the production, and show the jury as many concepts of your argument as possible. A good test is to ask if a particular portion of the animation could be shown in clear static exhibits. If a photograph if the failed part is sufficient, use it. It is necessary to show every step in the manufacture of an object, or only the step where the design flaw is machined? Does the jury benefit from seeing all the internal organs of a human body, when just the heart is the focus of your argument? These types of questions will result in a more concise, clear presentation at reduced cost. Some predict that in the near future, no self respecting attorney will appear at trial without 3D animation. It may well become the “PowerPoint” of the future, but that doesn’t preclude the likelihood of simply having lots of bad animation entered into evidence. For animation to be effective, it must be carefully planned, and executed by an experienced courtroom animation provider. Their ability to comprehend, and communicate effectively with technical experts in the language they are familiar with, and distill their complex data into a clearly understood moving image that the lay jury will grasp immediately cannot be over stressed. Because we learn most effectively with visual input, a well-designed and executed animation will be retained by the jury above all else, and something they will rely heavily on in the deliberation phase of the case. Written by Barbara Cronan, Managing Director and Brad Kolacinski, Graphics Consultant, of Scene Systems Inc. Barbara is based out of Scene Systems’ New York office and Brad is based out of the Los Angeles office. For more information about Scene Systems, please contact [email protected] or visit www.scenesystems.com. New York 1120 Avenue of the Americas Suite 4046 New York NY 10036 t: 1-212-626-6779 e: [email protected]

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