Page 72 - Courting the Media Contemporary Perspectives on Media and Law
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The Fate of the Iconic Sign: Taser Video        63


                             history [Eisenman]. This, too, is the cultural ground that tasercam images will
                             evoke. But unlike art in museums, tasercam in courtrooms will be part of the
                             administration  of  justice  and  its  truth,  like  all  forms  of  evidence,  must  be
                             actively tested. So, I argue, we need to be concerned about our ability to take
                             on these compelling video records.


                                 WE CAN BE FOOLED BY OUR OWN MEDIA HABITS

                                 Another factor that normalizes the tasercam picture is that these videos are
                             the product of photography, a medium that has its own critical history defining
                             it as a violent form of expression both because it ―takes‖ its subject‘s ―skins‖
                             or  surface appearance  and  because  of  the  behavior  of  the  person taking  the
                             picture. Photographer Bill Jay asserts that the ― single most consistent attribute
                             of the twentieth century photographer is his willingness, and even desire, to
                             violate  any  and  all  social  conventions  of  good  behavior  in  order  to  take  a
                             picture.‖ [Jay, p.1]. [Sontag] [Vettel-becker]. Before Tasers, the close cultural
                             association between making the picture and producing the effect on a living
                             being  has  perhaps  its  most  extreme  manifestation  in  the  1960  film  Peeping
                             Tom,  directed  by  Michael  Powell,  a  horror  film  in  which  a  photographer
                             murders women with a blade concealed in his tripod while filming their dying
                             moments. Surely this is a close precursor to what we see in tasercam video
                             [Feigensen]. Tasercam videos do not end with the death of the victim (or we
                             are not given that portion of the tape) but they come close to the low budget
                             snuff film in underground violent pornography, which surely, some finders of
                             fact may well have seen.
                                 How  do  the  facts  of  photography  as  a  medium  complicate  our
                             understanding of video? First, and common to all photography, is that we have
                             a  reading  problem  –  photographs  look  real.  Second,  the  social  context  has
                             shifted dramatically: anyone can make quite good photographs now and they
                             are  easy  to  disseminate.  Non-gatekeepers  are  making  pictures  to  create
                             alternative histories of  public  and  private events;  they are  ―talking‖ back  to
                             power.  Official  sources  are  using  photography  (as  they  always  have)  as  a
                             weapon  in  info  wars.  Our  reading  problem  when  it  comes  to  photography
                             arises  from  the  fact  that  a  photograph  looks  like  something  we  might  have
                             observed  with  our  own  eyes  were  we  but  there.  We  are  wired  with  the
                             cognitive  default  setting  that  we  automatically  believe  that  something  that
                             looks  real,  actually  is  or  was  real.  [Reeves  &  Nass].  Video  represents  ―the
                             real‖ because it looks real in the same way as pictures from other cameras and
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