Procedural safeguards in remote criminal hearings

Since the COVID-19 pandemic, criminal courts across the United States have started to conduct more remote proceedings using video teleconferencing technology. Although remote criminal hearings are often more cost-efficient and accessible than traditional in-person hearings, they introduce a set of new challenges to upholding defendants' rights, such as the right to effective attorney representation and due process. The new hearing format also creates operational difficulties, such as technology malfunctions and the management of documents and exhibits.

This study examines the procedural safeguards established in current state and federal laws and regulations for remote criminal proceedings.

A review of legal codes shows that, in most states, the statutory procedural safeguards are either inadequate or too superficial to address the challenges introduced by remote criminal proceedings.

The limitations identified in this study raise concerns about whether remote proceedings can fulfill equivalent standards as in-person proceedings. This study calls for legislators and court administrators to implement stronger procedural safeguards when authorizing remote criminal hearings.