Developments in Video Conferencing Technology
While video conferencing is generally an accepted medium in the courtroom, you should still obtain permission from the court clerk if you are planning to call in a witness via video. In most cases it shouldn’t be a problem. Some of the deciding factors include the ability of the witness to influence the progress of the case. Should the witness’s testimony be a key part of understanding the case, you should have no problem getting approval for videoconferencing. Of course, you will need to also prove that this witness is unable to simply attend the hearing in person. This could be due to illness, travel restrictions, or lack of resources to make the trip. Videoconferencing can be helpful in cases where a witness may give a more accurate testimony outside the courtroom, or at a safe distance from the accused: child and domestic abuse, battery and gang violence cases can all benefit from the use of videoconferencing.
The employment of videoconferencing began in Pittsburgh, PA in 1970 with the use of courtroom videographers, who recorded video testimonies from three doctors who refused to leave their practice for the duration of the trial. While the equipment of the time was clunky, this method was well received and is now a common component of many court cases. The use of videoconferencing has also become commonly used in competency hearings. The American Psychiatric Association approved what was dubbed Telepsychiatry, and this method of assessing an individual’s mental ability to stand trial has become the norm.
Teleconferencing is also helpful in cases with international witnesses. A stateside court may call in a witness form another country under the regular court protocol: the witness will be sworn in under oath, and must honor the proper courtroom conduct. By treating the video testimony as part of the regular trial, the need to have a court reporter present with the long-distance witness is eliminated. The witness’s full account is simply recorded along with the rest of the court transcripts.
Teleconferencing is also the norm in prisons. High security inmates may conduct visits with family and friends via video, and in some cases, conduct medical and psychological examinations through teleconference, if the doctor is thought to be in danger. Prisoners’ rights advocates have called this practice into question, as have politicians concerned about the expense of this equipment. While there may be special cases where this method is absolutely necessary, widespread use of teleconferencing for visiting hours and evaluations may do more harm than good, isolating and alienating the prisoner, and perhaps even preventing him or her from receiving the correct treatment. On the other hand, many argue that this method takes the stigma out of psychiatric evaluations in particular, and may afford the prisoner the care he or she has been previously denied in light of a more candid discussion with an objective party.
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