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Too Real? The Future of Virtual Reality Evidence
Author(s) -
FEIGENSON NEAL
Publication year - 2006
Publication title -
law and policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.534
H-Index - 45
eISSN - 1467-9930
pISSN - 0265-8240
DOI - 10.1111/j.1467-9930.2006.00227.x
Subject(s) - objectivity (philosophy) , demonstrative , realism , virtual reality , confusion , prejudice (legal term) , psychology , law , social psychology , political science , aesthetics , epistemology , computer science , philosophy , psychoanalysis , human–computer interaction , linguistics
Immersive virtual environments (IVEs), or virtual reality, could soon follow other visual technologies from the culture at large to the courtroom. The unprecedented realism of IVEs may be thought to pose peculiar risks of prejudice and confusion that would militate against their use as demonstrative evidence. In particular, some believe that jurors will be unable to distinguish IVEs from reality, and that IVEs are so involving that they will transform jurors from disinterested judges of, into witnesses to, or even participants in, litigated events, impairing their objectivity. This article analyzes these concerns and shows them to be overstated. The article also discusses other judgmental risks and benefits presented by the use of IVEs in court, and concludes that the admissibility of IVE evidence should be determined on a case‐by‐case basis.