ABSTRACT

This chapter describes the findings of theorists to the realm of visual evidence law. Since Visual Culture Studies has been overlooked by the legal community, it is necessary to first provide a general introduction to both the types of questions raised by theorists. The chapter argues for an immediate appreciation of the impact of representational technologies on the legal system. It offers a fuller understanding of the creation and application of both old and new visual media in society. The chapter shows how admissibility standards will be developed and explains why logic of this sort will generally be effective for dealing with the evidentiary issues raised by digital images. It explores the signifying codes of new digital media to their more traditional predecessors, and suggests that judges and scholars do more than consider the technical means of image construction; they must understand the complex social and psychological factors that affect meaning creation and apprehension.