Length of videos – counter, don’t need to watch the whole thing

In child pornography cases involving videos, the state may argue in summation that all of the videos add up to X number of hours and that no one needs that many hours of child pornography or that the total length proves one thing or another. Of course, this assumes that the defendant was forced to watch each video. Most jurors have probably watched some type of video on a computer or a website like YouTube and they have all probably skipped around. The defense should highlight with the forensic expert that even if they can prove the file was opened, there is no evidence that the person opening the file did not immediately close the file therefore only watching a second or less. Likewise, if the jury was shown only a few seconds of each video, the argument should be made that there is no evidence that the defendant watched any more or even as much of the videos as the jury.

Freehold Child Pornography Lawyer

Posted on May 11, 2013, in The State's Tactics and tagged , . Bookmark the permalink. Leave a comment.

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