Can Online Trials Be Fair During the COVID-19 Pandemic?
Loading...
Date
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
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?
Description
Keywords
fair trial, fair 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