Criminal Justice and Videoconferencing Technology: The Remote Defendant
This Article addresses the increasing use of videoconferencing to avoid bringing criminal defendants to court for certain proceedings. Unfortunately, courts use videoconferencing technology to bring criminal defendants to court without carefully evaluating the impact of that practice on the quality of justice. This Article evaluates the implications of using technology to have defendants appear through videoconferencing and argues against the practice. It brings to bear the literature from other fields, particularly communications and social psychology. That body of literature suggests that videoconferencing may have a negative impact on the way the defendant is perceived by those in court as well as the representation the defendant receives and the way in which the defendant experiences the criminal justice system. The author argues that courts should not extend their reliance on videoconferencing further and instead must undertake studies to explore the impact of the technology in criminal proceedings. In addition, the author advocates that the courts take steps to ameliorate the negative impact of videoconferencing through design of videoconferencing systems and training of those who participate in videoconference proceedings. Finally, the author suggests that courts with videoconferencing equipment make it available for communication between incarcerated defendants and their attorneys.
When requesting a correction, please mention this item's handle: RePEc:bep:villwp:villanovalwps-1015. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Christopher F. Baum)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.