Lack of Control in Virtual Jury Trials

Without control and proper decorum, it is unlikely virtual jury trials will last past the pandemic. 

It is important to note that different processes have been adopted in different jurisdictions. While some have attempted virtual options, most are continuing to wait out the pandemic, especially criminal courts.

Jury Selection

Checking the mail and finding a jury summons may cause several reactive emotions like stress, excitement, or anxiety. These emotions are inevitable because the selection process is so random. The goal of the summons is to ultimately select a diverse, unbiased jury for the case. If this process is removed from the courthouse and onto an online platform like Zoom, then this goal becomes harder to achieve. 

A wide selection of the community is imperative to creating a diverse jury. By moving the in-person process to a virtual one creates its own problems. First, anyone who does not own a computer, tablet, or some online device will not be able to log in to the virtual jury room. Second, anyone without high-speed wireless internet may not have strong enough broadband width to sustain a large virtual meeting for a long period of time. These two requirements of a virtual jury selection process immediately eliminate the lower-income members of the community. Thus, the pool will be less diverse without them.

Even if a potential juror has a computer and access to Wi-Fi, there can still be issues navigating new software. As with all technology, there is a learning curve. Mostly everyone has had to learn a new virtual platform by now and understands the hurdles that must be jumped over to get to the meeting in a timely manner. 

Then all mayhem breaks loose when the Wi-Fi connection disappears, and everyone seems frozen on the screen. The minutes feel like hours, and suddenly the person is expected to fix their technology on their own. With that lost time, catching up can be tricky, if not impossible. 

Trial

Now let's assume a jury has been selected. The trial continues on a virtual platform. All the jurors have their video screens on display for everyone to see. In one virtual trial held in Dallas, Texas, a viewer could see into the jurors' living rooms, bedrooms, and home offices. There is some concern that the safety of the jurors may be compromised in a live-streaming event where their background is their home, or that their name or face will be identified. As pictured above, while unintentional, a participant cannot hide its identity with a filter.

Additionally, jurors are more likely to be distracted while in their own home. There have been guest appearances by cats, dogs, children, spouses, and others. With all of these distractions, it is difficult to stay tuned into trial for countless hours. For example, in a virtual trial, one juror reported feeling dizzy after staring at the computer for two days.

Compared to live, in-person trials, one lawyer described the differences as: "[w]hereas, when you were in person, there's a lot more to read there. You're in an open court; there's a lot of body language going on. You can get a sense and a feel for how the jury is viewing a portion of the case. You don't have that on Zoom" said Chad Moore, a New Brunswick, New Jersey, partner at the law firm Hoagland, Longo, Moran, Dunst & Doukas. 

The nonverbal cues along with focus are lost in translation during a virtual trial.

Control

From the judge's perspective, it is impossible to instill decorum in every juror's place of residence. Basically, anywhere outside of the courtroom, a judge loses their effective power. The jurors do not experience the same sense of seriousness, process, and high stakes as they would in a courtroom.

While the judges who decide to try a virtual trial are patient throughout the process, the new technical difficulties can make the process last longer than usual. 

Future

Focusing on these three factors alone, virtual trials do not result in justice being served if one juror loses connection, another juror is distracted the whole time, or the judge cannot control the process effectively. Justice demands more.

While it was a nice idea to try to streamline the backlog of cases, a virtual trial could end up causing more damage than the case called for.