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While the possibility of video technology has been capturing people s imagination for more than a century, is it finally coming into its own?

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August/September 2012

FOR MORE THAN A CENTURY, with the possible exception of flying cars, few elements of technology have been promised by science fic-tion more than video conferencing. Dr. Dave Bowman used video con-ferencing to speak with his daughter in the 1968 film 2001: A Space Odyssey. Even E.M. Forster’s 1909

The Machine Stopsfeatured the tech-nology. (“But it was fully fifteen sec-onds before the round plate that she held in her hands began to glow. A faint blue light shot across it, dark-ening to purple, and presently she

could see the image of her son, who lived on the other side of the earth, and he could see her.”) Today, the only flying cars are certain to be piloted by screaming, white-knuck-led drivers, but video conferencing technology is here to stay.

There are myriad uses for the applications. They improve security and save time and money. Malcolm Macallum, CTO of Calgary, Alberta-based VIQ Solutions Inc., notes that video conferencing allows a larger amount of people to monitor court proceedings without interfering with

the process and allows witnesses or expert testimony from anywhere around the world. Dan Holland of Huntsville, Ala.-based PESA fur-thered that the same technology could be used for staff training and case data can be retrieved in a frac-tion of the time it used to take, and it can be done by any connected jurisdiction. He also notes that with the high definition video provides a sense of the body language of the speaker. Adam Lofredo, strategic account manager of Phoenix-based ExhibitOne Corporation, is seeing

While the possibility of video technology has been capturing people’s

imagination for more than a century, is it finally coming into its own?

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the technology being used in not only arraignment that most courts use, but also for pre-trial confer-ences, preliminary hearings, remote testimony and sign language inter-pretation. The term that arises time and again about the technology is that it is ubiquitous and it continues to evolve.

What’s new?

One of those evolutions, says Lofredo, is found in the cameras. ExhibitOne has been integrating A/V systems for local, state and federal courts since 1997. Originally the

cameras were using PTZ

(pan/tilt/zoom), which required an operator and had the advantage of being able to zoom in on the speaker. Now, says Lofredo, some courts have migrated to video-follows-audio in which the camera automatically switches to the speaker. The technol-ogy, he says, works well in courts with disciplined speaking protocol; however, in less formal courts when more than one person may be speak-ing at a time, the camera might not accurately reflect who is talking.

Another camera technology that is evolving, says Lofredo, is “quad-view,” which attempts to replicate the “in-court” experience as much as possible for a remotely located defendant. The quad view system involves four cameras pre-posi-tioned to specific areas of the court: the judge, witness stand, prosecu-tion and defense, thereby enabling the defendant to see and hear everything occurring in the court-room. The only downside, says Lofredo, is that the images are smaller than if they were shown individually.

Macallum explains that VIQ has developed a sophisticated video capability that not only allows the integration of traditional video con-ferencing systems, such as Cisco’s TelePresence and video conferenc-ing from Tandberg, but also

capabil-ities of capturing high definition video from any source. Those records become a permanent part of the case and can be referenced at any time from any place. This inte-gration, says Macallum, allows for new levels of control over the video conferencing system.

PESA has recently developed the C58 Digital Media System (C58-DMS), a complete digital system that is easy to install, use and man-age, and it offers flexibility in deliv-ering live and on-demand digital media in multiple formats to various local or networked cameras and audio devices.

Trends Emerging in Video

Conferencing

Simplicity, notes PESA’s Holland, is a key element of a good video conferencing system. If the system is

too complicated, users might be resistant to accept new technology and he has noticed a trend in the market for “compact packaging with advanced features that allow seam-less integration of traditional video, audio and IP video. Court staff are looking for equipment with simplic-ity in setup and configuration.”

Brian Green, director of Louisville, Kentucky-based JAVS, has been hearing rumblings. There are many providers out there, and each of them has their own propri-etary format. There is, he notes, no industry standard, and the rum-blings he hears are regarding the adoption of one. “With courts being a hub of activity, their use of the technology is overwhelmingly reaching out across the DMZ [the organization’s perimeter network], and connecting with any number of ExhibitOne equipment rack that is being used to drive the audio visual equipment for Yavapai County, Arizona Courts. The rack drives videoconferencing utilizing a Polycom solution.

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August/September 2012

devices. Industrywide there are no accepted definitions of interoper-ability and security factors are an unknown quantity. Both of these reasons typically prevent organiza-tions from investing in cutting edge technology.”

Historically, notes Green, tradi-tional video conferencing systems have been quite expensive, and he has noticed that more and more courts are asking about the possibil-ity of web conferencing. Often times, he states, child advocate agencies or juvenile detention cen-ters are understaffed and under budgeted. “Web conferencing back to a courtroom with traditional video conferencing equipment allows these groups to be in more locations—especially in remote areas—in a single day. Additionally their services can now be shared across several counties bringing fur-ther savings.”

Craig Casey, senior sales engi-neer at ForTheRecord, has also noticed a gravitation to the Internet over the past few years, particularly Skype. Skype is an application that acts as a phone system. It is cost effective and it is Internet depen-dent…and we all use the same Internet. It is also a low-cost method, he says, to get an expert witness. Those witnesses can simply go to a connected place such as a

Kinko’s and link in.

Macallum has also noticed the trend in cost savings and the utiliza-tion of Internet resources. He fur-thers that one thing VIQ Solutions is doing to address that is by develop-ing an interface to the growdevelop-ing PC video conferencing applications. This interface allows simple PC-based video conferencing systems to be used within the context of the courtroom with the intention to capture the interaction between remote and local participants. He notes that this technology works very well, and has a significantly lower entry cost than a traditional video conferencing system.

ExhibitOne’s Lofredo has also noticed an increase in the utilization of applications such as WebEx or GotoMeeting in civil cases. This allows participants to come together virtually without the need for a sophisticated video conferencing system. In those cases, he says, the court is generally set up for video conferencing and sends out an audio and video signal for the remote par-ticipants to see and hear, but the remote users’ participation back to the court is usually only audio, either through their smart phone or com-puter. The key, he says, is interfacing the court’s A/V system with a cloud-based video conferencing service, such as Blue Jean Network.

How It’s Being Used

Judge Jay Quam of the Hennepin County District Court uses video con-ferencing “as much as we can, but not as much as we’d like.” Cost is a factor, and the trend he has noticed is looking to expand its use. They are testing a process in which they use the technology to allow prisoners to appear remotely. “This allows them to clean up matters that can prevent their release, and it saves a lot of time and money transporting them all over the state for relatively insignificant court appearances.” (He, too, agrees that it would be nice if the technology was “more compatible.”) They have talked about using Skype, but the Court is a bit cautious if it is secure enough.

He notes that video conferencing is particularly useful in his area in the Mental Health Court. Histori-cally people would be sent to one unit, but now they are being dis-persed all over the state. Video-con-ferencing takes away the risk and cost of transportation while keeping in mind the well-being of the patient. One way Judge Quam’s court uses video conferencing is for what are called Point 12 hearings, which are hearings on whether to continue a commitment.

One might ask if there are any legal issues regarding this technolo-gy, such as a defendant having the PESA’s C58 Digital Media System is used for flexible delivery of live and on demand digital

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right to confront his or her accuser. Judge Quam notes that the Constitutional question might be a legitimate concern for expanding ITV testimony in criminal trials, although, “I see that as having a pretty minimal effect on the expan-sion of ITV in courts.”

Arizona courts use video confer-encing to a significant degree. Stacy Verkayk of the Bankruptcy Court District of Arizona says the technolo-gy is integrated in courts throughout the state. A judge in Phoenix takes cases in Preston and Flagstaff. A judge in Tucson takes cases in Yuma and Phoenix. A judge in Phoenix takes cases out of Mohave County. Another judge takes cases out of Northern Arizona from Phoenix. The state also uses the technology for judges’ meetings and district-wide staff meetings. Further-more, wit-nesses can appear from out of state by video. “I’ve been very pleased how the technology has migrated over the years,” notes Verkayk. “It’s grown and flourished and gotten better and better and better.”

One area the technology seems to be migrating is in interpretive ser-vices. Pam Kilpela, court adminis-trative manager at the Fourth Judicial District in Minnesota, says that their court has been using the technology in this field for about two years for minor traffic cases. In the past they had to send an inter-preter into the suburbs, which could easily turn a 20-minute trial into a two-hour event. Now they are able to streamline the process. The feed-back, she says, has been “exception-al,” and they are now reviewing it and considering moving on to high-er case types. Currently Spanish is the only language able to be inter-preted via video conferencing, because those are the certified inter-preters, which is the top line creden-tial. Kilpela states they started with the best to make sure the outcome is the best.

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August/September 2012

ExhibitOne, Lofredo says, has developed a technology called Virtual Court-Interpreter System. VCIS allows interpreters to stay in one location while providing ser-vices to different courtrooms and courthouses. The system enables interpreters to not only hear the words being spoken, but also to consider the speaker’s facial expres-sions, inflections and other types of body language. “The key to the sys-tem is not so much the audio and video technology as it is how that technology is integrated,” says

Kevin Sandler, CEO and president. “The interpreter needs to be in full control. She or he needs to be able to come in and out of privileged conversations, adjust individual lis-tening volumes depending on who is speaking, conduct simultaneous interpretation and more… all with-out affecting any audio settings in the courtroom itself. Plus, all appro-priate conversations must be cap-tured by a court’s recording system.”

Unlike in The Machine Stops, which shows people living in isolation in underground cells, the technology is

not replacing human interaction. Says Verkayk, video conferencing in Arizona is not used exclusively. Judges do make physical appear-ances. Nor is the technology meant to completely streamline the process by taking people out of the system. Ongoing monitoring ensures justice is achieved. Judge Quam notes that the court must consider a defendant’s participation in the legal process, and if a defendant requests an in-person meeting, it must be granted. “Personally,” he says, “I like having people in the courtroom.” CT

JAVS Centro utilizes CAT-5 cabling to support up to eight configurable FlexCamera inputs and two general purpose composite video inputs. It has fourteen configurable FlexMics and four additional line level audio inputs.

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