The Decision-making Process

Thawing out the Cold Record: Some Thoughts on How Videotaped Records May Affect Traditional Standards of Deference on Direct and Collateral Review

Authors
  • Robert C. Owen
  • Melissa Mather

Abstract

Appellate courts are unable to “smell the smoke of battle” from a trial. For this reason, a trial court’s decision is owed deference when examining an appeal. Video technology makes this reason for deference less relevant.

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Published on
01 Jul 2000