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71 Dep't of Just. J. Fed. L. & Prac. 105 (2023)
The Power of the Visual: Incorporating Images into Briefs

handle is hein.journals/usab71 and id is 107 raw text is: 





The Power of the Visual:

Incorporating Images into Briefs

Gaines H. Cleveland
Assistant U.S. Attorney
Southern District of Mississippi
   Some  venerable lawyers will remember when briefs were prepared by
typing pools. Only with the advent of word processing allowing for the
insertion of images directly into the text have lawyers produced briefs
and other filings that permit judges to see what lawyers are referring to
with the immediacy of having the images appear next to the accompany-
ing text.1 This article addresses (1) why using visual images is effective,
(2) when best to incorporate visuals, and (3) how to make use of graphics
in briefs and other court submissions.

I. Why visuals have power

   In our digital world, information consumers are accustomed to receiv-
ing knowledge graphically with its attendant visual impact.2 Judges are
no different in their receptivity to such images. Indeed, judicial opinions
increasingly feature graphics. For example, one judge chose to display an
image of an AK-47 in discussing whether a gun's magazine was a com-
ponent of the weapon. See Example 1.3









              Example  1: Image of Possible Component



1 Robert Dubose, Presentation at the 26th Annual Conference on State and Federal
Appeals: Briefing Visually (June 9-10, 2016).
2 Jennifer L. Mnookin, The Image of Truth: Photographic Evidence and the Power of
Analogy, 10 YALE J.L. & HUMANS. 1 (1998) (Maxims that urge the power of images
are cultural commonplaces with which we are all too familiar: 'a picture's worth a
thousand words,' 'seeing is believing,' and so forth.).
3 United States v. Gonzalez, 792 F.3d 534, 535-36 (5th Cir. 2015).


DOJ  Journal of Federal Law and Practice


April 2023


105

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