Computer generated animations are most effective when based on an accurate model that incorporates all relevant evidence.Today, if someone asks me whether to create animations or simulations for a case, here’s what I'll suggest: My experience on this case, and many others over the past ten years, reinforces my belief that elements of both animation and simulation should be considered when developing a visual story. This was not an obscure discussion of technical terms, but a visual story playing out in front of their eyes… one that allowed them to evaluate different points of view and reach their own conclusion about which scenario was most credible. It was effective, and I say this not because of the outcome (which was good for the plaintiff), but because jurors stayed highly engaged throughout the demonstration. In other words, what the jury got to see was part simulation, part animation, and fully transparent about the process that informed my testimony. I’ve been thinking about this issue over the past week, after watching two forensic experts, Eugene Liscio and Matthew Noedel, talk about the difference between shooting incident re-creation vs re-construction. However, it is common for computer generated exhibits to contain both animated and simulated elements, making them difficult to categorize. Given this precedent, you’d expect judges to first determine whether a proposed exhibit is an animation or simulation, in order to know what standards for admissibility should apply. These two terms appear in court decisions on admissibility going back to the 1990s. Compare this with a “simulation” which typically forms the basis for expert testimony, and must be prepared using generally accepted scientific principles. To be admissible in court, it must be judged as relevant, accurate, and fair. In the realm of litigation, the term “animation” is usually associated with computer generated exhibits that help explain the opinion or testimony of a witness.
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