(L to R) David A. Carrillo, Lecturer in Residence and executive director, California Constitution Center at Berkeley Law and Matthew Stanford is an attorney and senior research fellow at the California Constitution Center (Photo: Courtesy Photo)
Trial courts in California and across the nation face a dilemma. Months have passed without jury trials. And as those cases originally set for trial during the outbreak await new trial dates, dockets continue to grow. Meanwhile, jury summonses will be even more unwelcome than usual. All this makes trial by remote jury alluring—especially for criminal cases, where speedy trial requirements demand swift solutions. While remote jury trials are technically feasible and legally plausible, the twin risks of procedural injustice and rampant retrials reduce their appeal.
Granted, most technical problems are solvable. Major security bugs that might have given courts pause at the outbreak’s outset have largely been addressed. And videoconferencing has become at least a temporary fixture in U.S. professional and social life. Though far from a perfect substitute for in-person interaction, it has proven an effective stopgap measure as public health officials continue to encourage social distancing wherever possible. Like the virtual team meetings, happy hours and family visits everyone has tolerated for several months, remote jury service stands to offer the right blend of presence and distance to allow at least some trials to move forward without risking further infection. And for an in-custody criminal defendant unlikely to receive own recognizance release as the pandemic persists, proceeding to trial this way might well seem preferable to indefinite detention.
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