Page 60 - Courting the Media Contemporary Perspectives on Media and Law
P. 60

In: Courting the Media: Contemporary …      ISBN: 978-1-61668-784-7
                             Editors: Geoffrey Sykes            © 2010 Nova Science Publishers, Inc.






                             Chapter 4



                                      THE FATE OF THE ICONIC SIGN:
                                                    TASER VIDEO



                                                    Christina Spiesel
                                                   Yale Law School, U.S.A.


                                                        ABSTRACT

                                    Legal practitioners, like many people, can betray a naïve belief that
                                 photographs are direct representations of ―the real‖ and that a picture will
                                 communicate facts about reality directly to its audience. This arises from
                                 a belief that these pictures will reveal truths about which we can all agree
                                 because they describe a commonly shared perceptual reality captured by a
                                 mechanism  that  we  believe  has  no  desires  of  its  own:  the  camera.
                                 Photographs  are  commonly  understood  to  have  been  caused  by  the
                                 phenomena before the camera, light carrying information and imprinting
                                 it on a sensitive surface that can the enable the picture to be prepared for
                                 display. Photographers know that this is a misconception but the general
                                 public does not seem to share that awareness.
                                    Video made with a lens (and therefore presenting viewers with 29.97
                                 photographic frames a second) will be the concern of this chapter  – in
                                 particular,  a  very  particular  form  of  video,  that  generated  by  Tasers
                                 (electrical stun guns) when they are equipped with recording devices. In
                                 particular,  police  forces  are  encouraged  to  equip  their  Tasers  with  this
                                 capacity so that the conditions of their deployment can be reviewed later.
                                 I call this tasercam video. I will discuss, briefly, the landscape of legally
                                 relevant video and then discuss the characteristics of this kind of video in
                                 particular,  concluding  with  some  thoughts  on  why,  even  given  its
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