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Exploring the Functionality of Virtual Courts: the Role of Video Arraignments

November 15, 2021
Alina Krukova

Alina Krukova

Categories: Reviews

Exploring the Functionality of Virtual Courts: the Role of Video Arraignments 1

What is a virtual court?

A virtual court, alternatively called a digital court or e-court, constitutes a framework for conducting legal proceedings remotely, utilizing digital tools such as video conferencing, electronic document submission, and online messaging. The importance of digital courts lies in their ability to modernize and simplify the legal system, enhancing accessibility, efficiency, and robustness. 

The value of virtual courts is made evident by the following points:

  • Accessibility: Virtual courts eliminate geographical limitations, enabling people to participate in legal proceedings regardless of their location.
  • Efficiency: Leveraging technology, digital courts speed up legal processes, resulting in prompt resolution of cases and reduction of case backlog. Remote hearings, electronic document submission, and online communication tools streamline administrative tasks.
  • Cost-effectiveness: Virtual courts reduce costs by eliminating the necessity for physical courtrooms, reducing travel costs, and minimizing administrative overhead. These savings benefit governments, lawyers, and taxpayers alike, including those involved in unclaimed money class action settlements who might otherwise face high costs.
  • Resilience: Digital courts demonstrate resilience in the face of unforeseen circumstances, such as natural disasters or health emergencies. By enabling remote participation, they ensure the continuity of court proceedings even in situations where physical presence is not possible.
  • Enhanced security: Digital court typically includes robust security measures to ensure the confidentiality and consistency of the judicial process.

The Role of Video Arraignment in Court

Video arraignment, a procedure where defendants engage with a judge via video technology rather than appearing physically in court, has gained prevalence in contemporary legal systems. Here’s an overview of its significance:

  • Initial Court Appearances: Video arraignment is used primarily for initial court hearings. Defendants are informed about the charges against them, their legal rights, and, if necessary, their bail status is determined.
  • Efficiency and Scheduling: Utilizing video arraignment streamlines court proceedings. Judges can efficiently manage numerous cases, as defendants are not required to be transported from correctional facilities to courthouses. Moreover, defendants can access free legal forms online to prepare for their arraignments, ensuring they have the necessary documentation in place.
  • Safety and Security: Video arraignment enhances safety measures. There is a reduced necessity to transport potentially hazardous individuals, thus minimizing the likelihood of conflicts or disruptions in the courtroom.
  • Remote Accessibility: It facilitates access to the legal system for defendants unable to attend in person due to distance or health problems. This includes individuals in remote detention facilities and people with disabilities.

The Benefits of Video Arraignment in Court

A video arraignment means a remote preliminary hearing via video in which the person on trial is formally charged with a crime. Numerous prisoners prefer video arraignment because it improves their conditions by avoiding the use of handcuffs and body searches before each hearing, and their communication with their attorneys becomes more confidential. For example, this system is now widely used in the U.S. state courts.

Advantages of Video Arraignment:

  • Conducting remote video arraignment is much cheaper: there is no need to spend money on travel or on staff services. Thus, citizens have better access to justice.
  • Virtual courts allow attorneys to handle a large number of cases in a day, and they can litigate in any court in any part of the country.
  • Witness testimony can now be provided from a safer environment. Virtual case hearings are less traumatic for children, women, and victims than hearings in a physical courtroom.
  • You can view the case files or photo materials with Internet connection at any time .
  • There is a huge backlog of cases in the courts, which reduces the confidence of citizens in the judicial system. With the help of video proceedings, cases can be resolved in a timely manner or even faster.

Disadvantages of Video Arraignment:

  • Judges and lawyers living in remote and rural areas often do not have access to high-speed Internet, which makes it difficult to participate in virtual hearings. This could affect various types of lawyers, including criminal defense, intellectual property, and construction accident attorneys, making it challenging for them to effectively advocate for their clients in virtual courts due to unreliable internet connections. For legal professionals looking to overcome these challenges, implementing services like SEO for lawyers can help ensure they remain visible to potential clients, even when operating in less connected regions. By optimizing their online presence, they can attract clients who might otherwise overlook them, despite their remote location.
  • Technical failures and poor digital connectivity pose a serious problem for virtual hearings, especially if they take place during peak hours when many people are connected to the videoconferencing system.
  • Some applications and software are used to store courtroom data, and they are not secure enough. Thus, sensitive data can be intercepted or erased by some kind of virus attack. Lack of proper data privacy management solutions and can become a target of cybercrime. This is why implementing strong data management solutions is crucial to address these security concerns and safeguard sensitive information.

Remote Court Administrator & Virtual Hearings

The Duties of an Administrator of a Virtual Court

  • Invite outside participants, such as legal counsel and litigants, by adding their contact details and case information so they can be notified of the hearing date.
  • Add descriptions and links to the case information so that everyone stays informed about the proceedings.
  • Add a virtual breakout meeting for quick sidebar conversations during the hearing if necessary.

4 Tips to Prepare for Remote Court as a Legal Representative

virtual hearing

1. Minimize Complications

Think ahead about what device you want to use in video hearing. Study the application features, make sure that your camera and microphone are working properly. Also accept the fact that you may face technical difficulties, so take enough time for preparation and testing.

2. Discover Collaboration Tools

Before running a video meeting, make sure you know how to use collaboration tools, such as file, video or photo sharing, etc. You can combine all necessary documents and files in one folder to easily send them to other participants if necessary.

Some courts allow you to use the screen share feature to provide the hearing materials. This tool helps the defense or prosecution to present important evidence and testimony to the court remotely. Make sure there is nothing on your screen that you want others in the trial to see.

3. Observe traditional courtroom decorum

Make sure your demeanor and appearance conform to official style. Be courteous to all participants in the judicial conference. Usually, cases are handled strictly according to court rules. If it is a role-based conference, the moderator invites speakers in a certain order. Use a raise hand function to make comments without interrupting the judge. In a similar way, virtual classroom software can facilitate structured participation in online learning environments, ensuring that students engage respectfully and follow established protocols during virtual lessons.

4. Monitor your audio and video status.

Make sure that you do not create any interference for the court procedure: try to isolate yourself from noizy surroundings and, if possible, blur your background. If it is not your turn to speak, use the audio mute feature to avoid creating unnecessary noise and disable your video. Once your case is called, turn your video back on, unmute yourself, and proceed with your hearing.

Optimize virtual court hearings with the right video conferencing technology

Choosing the right video conferencing platform can help eliminate geographical barriers and provide quick access to justice without the need for additional resources. With TrueConf, any court can easily organize a hearing with up to 1,000 participants in 4K Ultra HD video quality.

The defendant’s attorney or prosecutor can present forensic evidence, photos and videos of proofs using the content sharing feature. And thanks to the voting feature, jurors can reach a verdict during an online hearing. Thus, the case is heard quickly and transparently, without unnecessary paperwork.

TrueConf

• TrueConf provides reliable courtroom operations even when bandwidth is low or completely offline

• With built-in security controls, secure SSL/TLS end-to-end encryption and HIPAA compliance, all personal information and case files are completely secure.

 

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