Criminal Justice & the Rule of Law Surveillance & Privacy

The Lawfare Podcast: Bringing Digital Evidence into the Courtroom

Tyler McBrien, Brad Samuels, Jen Patja
Tuesday, August 1, 2023, 8:00 AM
Why are forensic reconstructions useful in the pursuit of justice for war crimes and other abuses and what issues do this new technology raise?

Published by The Lawfare Institute
in Cooperation With
Brookings

In last month’s landmark settlement, the City of New York agreed to pay over $13 million to a group of 1,380 protestors who “were arrested and/or subjected to force by N.Y.P.D. officers” in Manhattan and Brooklyn in the summer of 2020. The proposed settlement marks “the largest total payout to protesters in a class-action suit in the United States,” according to Akela Lacy at The Intercept. The plaintiffs won the case, at least in part, thanks to the work of SITU Research, a group that conducts visual investigations and “merges data and design to create new pathways for justice.” SITU Research’s work supports activists, advocates, and lawyers, bridging the gap between digital evidence and the communities that can best deploy them towards justice and accountability. 

Lawfare Managing Editor Tyler McBrien sat down with Brad Samuels, a founding partner at SITU who has overseen the team’s visual investigations for legal and advocacy organizations including The International Criminal Court, Human Rights Watch, Amnesty International, The Associated Press, Frontline, The United Nations, and many others. They discussed why forensic reconstructions and other visual investigations are so useful in the pursuit of justice for war crimes and other abuses, how Samuels and his colleagues build them, and some of the pushback they get. They also talked about the thorny new questions these new technologies raise, including the dangers of retraumatizing victims. 


Tyler McBrien is the managing editor of Lawfare. He previously worked as an editor with the Council on Foreign Relations and a Princeton in Africa Fellow with Equal Education in South Africa, and holds an MA in international relations from the University of Chicago.
Brad Samuels is a founding partner at SITU, an unconventional architecture practice based in New York City that uses design, research and fabrication for creative and social impact.
Jen Patja is the editor and producer of the Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.

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