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0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? subscribe | newsletter | deals Home News Latest Stories Benefit concert in Ashland Sunday boosts GMO-ban legal defense fund Long drought, big storm make for a dirty Bear Creek Ticket availability Police reports Engine fire extinguished Education Heading to Harvard Rising from the ashes Ashland High School again earns national honors Preschool's future not yet secure Ashland Middle School student spearheads Nepal relief effort Environment Long drought, big storm make for a dirty Bear Creek Jackson County declares drought disaster Ashland publisher offers prize for environmental book Ashland water bills could go up to fund watershed protection Stopping fire in its tracks Business Ashland's CD Or Not CD will carry on Ashland seminars focus on employment law Ashland joins in Craft Beer Week with toast at Standing Stone on Wednesday Cars We Remember: Noted musician unravels 55-year Nash Rambler mystery 'Fill'er up' will mean with beer, not gas Politics and elections Arthur I. Cyr: Camp David summit will not help Mideast stability City of Ashland to consider making recorder position appointive, not elective Ashland water bills could go up to fund watershed protection BREAKING: Baltimore prosecutor charges officers in Gray's death State News Oregon's snowpack at just 11 percent of average Lack of snow nixes ski portion of popular Central Oregon race Bill under debate in Oregon would limit livestock antibiotics Nation - World There's a $10 million precious stone hidden in plain sight at Grand Central Obituaries Nita Day Alan Leslie Robins Eva Robarts Kathryn "Kay" Blanche White Death Notices Shareable Check out top import and export for every U.S. state Patriots fan sets up GoFundMe page to help pay for team's Deflategate fine Sports Latest Stories O'Brien, Kim claim MWL doubles title Kelly McElroy: I hate this ‘game’ App Finder: Best cycling apps Thompson-Siporen earns three MWL titles in first day of district meet Rich Garven: Pumping out some Deflategate thoughts High school O'Brien, Kim claim MWL doubles title Thompson-Siporen earns three MWL titles in first day of district meet Ashland heads to Eugene for MWL district meet Ayers pitches Eagles past Grizzlies Raiders Maguin, Parks, Sanders highlight first day of CCC track meet Southern Oregon University O'Brien, Kim claim MWL doubles title Ashland heads to Eugene for MWL district meet Raiders Maguin, Parks, Sanders highlight first day of CCC track meet SOU lands two on all-CCC softball team See you in August Voices Latest Stories Other Views: Vaccine rate improves Herb Rothschild Jr.: An appalling budget Mark L. Hopkins: The key to education is still the teacher Our View: Focus on the basics Jeffrey Gillespie: Shame on the high seas Editorial Other Views: Vaccine rate improves Our View: Focus on the basics Our View: Elected or appointed? Our View: Change is brewing Our View: Forest work is a bargain Letters Letters to the Editor, May 14 (No heading) Letters to the editor: Tuesday, May 12 Letters to the Editor, May 8 Letters to the Editor, May 6 Guest opinions Guest Opinion: Ambrose spins a conservative fantasy Guest Opinion: Restoring the Plaza's sense of place Guest Opinion: Making conservation a game Guest Opinion: A good day to act Guest Opinion: Allegations unfair to Dr. Tomashefsky Columns Herb Rothschild Jr.: An appalling budget Jeffrey Gillespie: Shame on the high seas Arthur I. Cyr: Camp David summit will not help Mideast stability Ashland by the numbers Chris Honoré: Supreme Court grapples with tradition, suffrage Chris Honore Council Corner Editor's Notes Jeffrey Gillespie Herb Rothschild Revels Latest Stories Ashland Calendar, Thursday, May 14 4 Things To Do This Weekend Movie listings: May 15-21 Laurie Lewis, Tom Rozum at The Mountain House Steve Poltz, Grant-Lee Phillips at Old Ashland Armory Theater Ticket availability Ticket Availability Departing Ashland Independent Film Festival programmer talks about what makes a good movie Ticket availability Ticket Availability Music The Farr Side: Contest open for singer-songwriters The Farr Side: Mumford & Sons’ latest is full-on rock Interview: Country singer Suzy Bogguss enjoying life on the road The Farr Side: CMAs do it right, in many ways Interview: Offspring plays hits new and old on tour Visual Art Movies Movie review: ‘Mad Max’ is a fresh, fantastic approach to a classic idea Your A-to-Z guide to the ‘Mad Max’ franchise Movie listings: May 15-21 'Wild Tales' is twisted, dark and lovely Movie review: ‘Mad Max: Fury Road’ will leave your inner 12-year-old giggling with glee Food and Drink Taqueria Picaro takes over Tabu space Owner of Mix and Amuse to bring Flip burger joint to Ashland Cruelest Month: Poetry Blog Lifestyle Latest Stories Inner Peace: God's sigh: the breath of prayer Barbara Presnell: The life, legacy of Sam, a little white dog   Looking Up: Jupiter heading toward Venus Quills: Minimalist group celebrates having more satisfaction with less stuff Betty Montgomery: Longleaf pines making a comeback Aging Happens Inner Peace Column Inner Peace Blog Mocha Musings Rogues: Tales from the Valley Classifieds Jobs Autos Real Estate FEATURED » Obituaries Photos Videos Blogs Business Business Services NEWS NOW Herb Rothschild Jr.: An appalling budget ... Ashland Calendar, Saturday, May 16 ... Benefit concert in Ashland Sunday boosts GMO-ban legal defense fund ... Herb Rothschild Jr.: An appalling budget ... Ashland Calendar, Saturday, May 16 ... Benefit concert in Ashland Sunday boosts GMO-ban legal defense fund ... Matthew T. Mangino: Judges lament 'Prosecution by PowerPoint' Comment By Matthew T. Mangino More Content Now DailyTidings.com By Matthew T. Mangino More Content Now Posted Dec. 31, 2014 at 7:18 AM Updated Dec 31, 2014 at 9:14 AM By Matthew T. Mangino More Content Now Posted Dec. 31, 2014 at 7:18 AM Updated Dec 31, 2014 at 9:14 AM » Social News During the last two years, nearly a dozen U.S. courts have reversed criminal convictions because prosecutors ran amuck with the rules of court while making PowerPoint presentations to a jury. Recently, the Marshall Project, a non-partisan criminal justice news service, reported that prosecutors across the country have violated rules of criminal procedure through the overzealous use of PowerPoint. PowerPoint presentations consist of a number of individual pages or “slides” — reminiscent of an overhead projector with lots of bells and whistles — displayed through a screen projection generated by a computer. Slides may contain text, graphics, photographs, sound and even movies. The presentation can be printed, displayed live on a computer, or navigated through by the presenter. Most often the computer slides are projected on to a screen for viewing by an audience. Since Microsoft launched the slide show program 22 years ago, it has been installed on more than 1 billion computers with an estimated 350 PowerPoint presentations given each second around the world. PowerPoint users continue to prove that no field of human endeavor can defy its facility for reducing complexity and nuance to bullet points, reported Businessweek. It was only logical that PowerPoint would seep into the courtroom. Even in cases where PowerPoint did not result in a court decision being overturned, appellate courts have taken note of the improper use of the software. As the Marshall Project suggested, “prosecution by PowerPoint” must be reined in. “It’s the classic ‘A picture is worth a thousand words,’” Eric Broman, a Seattle attorney, told the Marshall Project. “Until the courts say where the boundaries are, prosecutors will continue to test the boundaries.” Often the improper use of PowerPoint occurs during closing arguments when prosecutors are summing up the evidence of trial and making a final pitch to the jury to convince them the state has proven the defendant guilty beyond a reasonable doubt. During closing arguments prosecutors have turned to “visual advocacy.” Computer-aided presentations have at times crossed the line. For instance, plastering the word “guilty” across a defendant’s photograph. One court noted that “guilty” is almost always written in red letters — the “color of blood.” Recently, according to the Marshall Project, the Missouri Court of Appeals ruled in a case where the prosecution, in its closing argument, presented a slide showing the defendant in a booking photo wearing his orange jail jumpsuit. As the appeals court noted, the state would never force a defendant to appear before a jury in jail clothing. To do so would undermine the presumption of innocence. The prosecution’s use of the booking photograph had the same effect. According to the American Bar Association, closings arguments should focus on the facts presented at trial, reasonable inferences drawn from those facts, and accurate legal principles. Lawyers are “public citizens having a special responsibility for the quality of justice,” according to the ABA Model Rules of Professional Conduct. Lawyers, especially prosecutors, who infect the decision-making process with factors outside the evidence and law, are not only risking the scorn of the court, but the wrath of the bar. At times, during the modern era of criminal jurisprudence, courts have had to play catch-up with technology. For example, the Supreme Court put limitations on the use of thermal imaging surveillance equipment used to detect drug manufacturing inside homes and earlier this year, the Supreme Court ruled that police need a search warrant to access information on a cellphone. PowerPoint presentations that attempt to convey on a screen in front of a jury what a lawyer could not convey in person, will no doubt soon get the attention of policymakers across the country. Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George. His book, “The Executioner’s Toll, 2010,” was released by McFarland Publishing. You can reach him at mattmangino.com and follow him on Twitter at @MatthewTMangino. By Matthew T. Mangino More Content Now DailyTidings.com By Matthew T. Mangino More Content Now Posted Dec. 31, 2014 at 7:18 AM Updated Dec 31, 2014 at 9:14 AM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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