Can Online Trials Be Fair During the COVID-19 Pandemic?
Abstract
In the year 2020, the United States of America was ravaged by the global COVID-19 pandemic. However, even in a pandemic, crimes are committed, and people are imprisoned. The severely overloaded court system was forced to adapt and continue to adjudicate cases while navigating the challenges imposed by COVID-19. A widely adopted solution that appeared to mitigate the health risks of a highly transmittable disease was the use of Zoom, YouTube, and other video services to hold court and try cases. However, this shift in court proceedings has revealed a plethora of concerns respecting the rights of those on trial, the state, victims, and more. At the forefront of this discussion is an overarching concern – can online trials be fair during the COVID-19 pandemic? This paper sets out to answer this question, or at least provide clarity and distinctions that will allow the reader to formulate their own opinions on issues with real life implications. To accomplish this task, several steps need to be taken. First, the American standard of fair trials must be examined and analyzed. While there is no comprehensive list of standards, expectations and rights are enumerated within the Sixth Amendment and other statutes. With the characteristics of a fair trial determined, sights are then set to detailing the health and societal concerns presented by COVID-19 and the reasons why online trials are being used to mitigate these risks. Finally, this wealth of information is combined and applied to answer the question – can online trials be fair during the COVID-19 pandemic?
Subject
fair trialfair trials
coronavirus
COVID
COVID-19
online trials
sixth amendment
6th amendment
fair
principles
fair trial principles
court
congress
criminal trials
Texas, United States
United States of America
portions
portion
speedy trial
public trial
impartial jury
informed
nature and cause
accusation
confrontation
witnesses
compulsory process
assistance of counsel
lawyer
law
Constitution
criminal justice
criminal justice system
rights
right of the accused
morals
morality
innocent
paradigm of the innocent
paradigm
trial
voir dire
innocent man
innocent woman
jury
juror
criminal defense
individual rights
adversarial system
compel
effective counsel
emergency order
pandemic
Citation
Steubing, Travis Lee (2021). Can Online Trials Be Fair During the COVID-19 Pandemic?. Undergraduate Research Scholars Program. Available electronically from https : / /hdl .handle .net /1969 .1 /194340.
Related items
Showing items related by title, author, creator and subject.
-
Yarlett, Lewis L (Texas A&M University, 1954)Not available
-
Lyerly, P. J. (Paul J.); Jones, John H.; Willey, N. B. (Norman Bailey) (Texas Agricultural Experiment Station, 1951)
-
Bernis, Walter Octaviano (Texas A&M University, 1961)Not available