OUJI-CR 9-46
REENACTMENT EVIDENCE
The State/defendant is about to present evidence in the form of a video/computer animation/[other], which is intended to help illustrate certain testimony or evidence being presented to you. The exhibit being presented is not an actual recording or video of the event that is shown. Rather, the exhibit is offered simply as a "reenactment." The exhibit is intended to help you better understand the State’s/defendant’s position about how an event occurred (or did not occur) and that party’s understanding of the evidence supporting this interpretation. The exhibit is intended to assist you in your role as jurors, and like all evidence, it may be accepted or rejected by you, in whole or in part.
Notes on Use
This Instruction should be given contemporaneously with the presentation of video, computer-based, or other comparable "reenactment" evidence. See Dunkle v. State, 2006 OK CR 29, ¶ 71, 139 P.3d 228.
Committee Comments
In Harris v. State, 2000 OK CR 20, ¶¶ 16-17, 13 P.3d 489, the Oklahoma Court of Criminal Appeals offered the following guidelines for the use of video or computer-based reenactment evidence:
In order for a video or computer crime scene reenactment to be seen by a jury, as an aid to illustrate an experts witness' testimony, the court should require (1) that it be authenticated - the trial court should determine that it is a correct representation of the object portrayed, or that it is a fair and accurate representation of the evidence to which it relates, (2) that it is relevant, and (3) that its probative value is not "substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, needless presentation of cumulative evidence, or unfair and harmful surprise." See 12 O.S.1991, §§ 2401-2403, 2901.
The court should give an instruction, contemporaneous with the time the evidence is presented, that the exhibition represents only a re-creation of the proponent's version of the event; that it should in no way be viewed as an actual recreation of the crime, and like all evidence, it may be accepted or rejected in whole or in part. The court must also ensure that the other party has prior opportunity to examine the reenactment and underlying data. The trial court should also mark the video reenactment as a court's exhibit so that the record may be preserved.
(1/2007 Supp.)