By Ingrid V. Eagly
When criminal courts rely on virtual adjudication, one or more participants attend court on a digital screen rather than by traveling to a shared physical courtroom space. Since the 1970s, criminal courts have used live, two-way video connections to allow vulnerable witnesses to testify from remote locations and, more commonly, merely to eliminate the need to transport criminal defendants detained pretrial from the jail to the courtroom. With the onset of the COVID-19 pandemic, many criminal courts began to hold fully virtual court sessions, with all court participants joining a shared virtual platform such as Zoom. Digital technologies are now a familiar feature of the criminal legal system. However, their use remains under close review by courts, policymakers, and researchers. Proponents cite the speed and convenience that virtual proceedings offer, often framing videoconferencing as an access-to-justice solution that preserves procedural fairness and delivers the functional equivalent of in-person courts. Yet virtual formats also raise complex technical, sociodynamic, and constitutional concerns. Chief among these concerns are that virtual proceedings suppress access to counsel and courtroom interaction, interfere with credibility assessment and cross-examination, dehumanize persons accused of crimes, and reduce public trust in the court system.