In McHenry v. State of Indiana, the prosecution used videotape of a bank teller to help convict her of embezzlement. The videotape showed that at the precise time she withdrew money from the customer's account, there was no customer in front of her teller station. In order for a still picture or a videotape to be admitted as evidence, it must be shown to depict faithfully what it purports to depict. Should there have been more evidence as to how and when the camera was loaded, how frequently the camera was activated, when the photographs were taken, and the processing and changing of custody of the videotape? Could the videotape evidence of the crime be considered a silent recording of the real evidence of the crime and admissible as a silent witness?

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The Answer of In McHenry v. State of Indiana, the prosecution used videotape of a bank teller to help convict her of embezzlement. The videotape showed that at the precise time she withdrew money from the customer's account, there was no customer in front of her teller station. In order for a still picture or a videotape to be admitted as evidence, it must be shown to depict faithfully what it purports to depict. Should there have been more evidence as to how and when the camera was loaded, how frequently the camera was activated, when the photographs were taken, and the processing and changing of custody of the videotape? Could the videotape evidence of the crime be considered a silent recording of the real evidence of the crime and admissible as a silent witness?

In McHenry V