1. PROTECTING A CORNERSTONE CONSTITUTIONAL RIGHT IN THE AGE OF ZOOM: THE HISTORY AND CASE LAW SURROUNDING THE CONFRONTATION CLAUSE
- Author
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Rose, Laura Anne
- Subjects
Videoconferencing -- Laws, regulations and rules -- Methods ,Witnesses -- Laws, regulations and rules ,Right to trial by jury -- Laws, regulations and rules ,Confrontation (Criminal law) -- Laws, regulations and rules -- History ,Public interest law -- Evaluation ,Government regulation ,Videoconferencing ,Education ,Law ,Maryland v. Craig (497 U.S. 836 (1990)) ,Ohio v. Roberts (448 U.S. 56 (1980)) ,United States Constitution (U.S. Const. amend. 6) ,Zoom (Web conferencing service) -- Laws, regulations and rules -- Usage - Abstract
As the legal field moves into the post-COVID-19 pandemic world, it is essential to evaluate the place virtual meeting software holds in the criminal justice trial system. This article traces the historical roots of the Confrontation Clause, considers the Supreme Court jurisprudence on the topic with special emphasis on Crawford v. Washington and Maryland v. Craig, traces the circuit split on the use of two-way video communication in criminal trials, and concludes with a review of state cases where the protections of the Confrontation Clause are evaluated with the use of Zoom testimony., I. INTRODUCTION As the justice system encountered the COVID-19 global pandemic, videoconferencing became a necessary tool to keep the business of the law moving. (1) As we move into the [...]
- Published
- 2024