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78 Tul. L. Rev. 1089 (2003-2004)
Criminal Justice and Videoconferencing Technology: The Remote Defendant

handle is hein.journals/tulr78 and id is 1109 raw text is: Criminal Justice and Videoconferencing Technology: The Remote Defendant Anne Bowen Poulin' This Article addresses the increasing use of videoconferencing to avoid bringing criminal defendants to court for certain proceedings. The use of technology to replace in-person appearances raises concerns on several levels. Unfortunately, courts use videoconferencing technology to bring criminal defendants to court without carefully evaluating the impact of that practice on the quality ofjustce. This Artcle 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, fostering better representation. I. INTRODUCTION ........................................................................... 1091 II. THE USE OF TECHNOLOGY IN CRIVNAL CASES ....................... 1094 A . The Context ...................................................................... 1095 B The Perceived Benefits .................................................... 1098 C The LegalArguments ....................................................... 1102 D The Challenge ................................................................... 1104 III. THE LIMITATIONS OF TECHNOLOGY .......................................... 1104 A. The Quality of the Equipment ......................................... 1105 B. Technological Constaints ................................................ 1106 1. C am era Shots ........................................................... 1108 2. N onverbal Cues ........................................................ 1110 3. E ye C ontact .............................................................. 1111 C Location ofDefense Counsel .......................................... 1111 D Exhibits, Forms, and Documents ..................................... 1112 E. ViewerExpectations ......................................................... 1112 * Professor of Law, Villanova University School of Law. I am grateful to all my colleagues for their helpful comments, particularly Louis Sirico. I am also indebted to Julie Boncarosky and Graham Simmons for their exceptional research assistance, and to Villanova University School of Law for its generous support. 1089

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