The COVID-19 pandemic has forced the world to embrace numerous changes, including shifts in legal systems. Countries worldwide have implemented unprecedented changes in their court systems to continue delivering legal services during the pandemic. Jury trials, however, have been a significant challenge in these changes. The future of jury trials is uncertain, but some changes will undoubtedly occur in the post-COVID-19 era.
Since early 2020, courts worldwide have had to limit physical interactions to prevent the spread of the virus, leading to rescheduling, virtualizing, or delaying jury trials. In countries where jury trials are a constitutional right, the suspension of these trials has raised concerns about the protection of constitutional rights, particularly the right to a speedy trial.
In response to the pandemic’s challenges, virtualization has been suggested as a solution to conducting jury trials remotely. However, jury trials involve numerous stages that make it difficult to execute virtually. There are constitutional restrictions related to the Sixth Amendment, which provide the right to a jury trial in criminal cases. Still, these restrictions are more difficult to enforce with remote proceedings.
One feasible solution is the use of hybrid trials to ensure that both defendants’ and witnesses’ Sixth Amendment rights are protected, compared to virtual or in-person trials. In this setup, the jury is present in the courtroom, but witnesses, attorneys, and defendants appear virtually. This way, each group can rely on virtual interviews and live streaming to participate in the trial.
The use of technology holds significant potential in the future of jury trials. However, while technology can help execute virtual and hybrid trials, the digital divide must first be addressed. The digital divide is the gap between individuals who have access to technology and those without. Significant parts of the populations, including low-income individuals and rural areas, lack easy access to technology, including high-speed internet and other critical tools, making it challenging to rely wholly on virtual trials.
Another option proposed has been to hold jury trials outdoors. The idea seems sound, but it also comes with its challenges. First, the weather patterns – be it rain or snow, for instance – may not be suitable for conducting a trial. Second, there might be public safety issues, including pests, noise, and sightlines that might impair jurors’ hearing and vision.
In summary, the future of jury trials in the post-COVID-19 world remains uncertain. Virtual and hybrid trials may be the most feasible solutions to continue delivering justice while prioritizing the safety and health of everyone involved in the proceedings. At the same time, more effort must be invested in bridging the digital divide to ensure that all parties have access to necessary technologies, similar to in-person sessions. Additionally, courthouses could consider installing ventilation systems that filter out airborne pathogens as part of the efforts to keep everyone safe. Overall, each country’s court system will need to adapt to minimize the pandemic’s impact on the delivery of justice services.
