Document Category: Virtual/video hearings

Draft motion to oppose video appearance because video appearances prejudice defendants and lead to worse outcomes (p. 1), video appearances alter the perception of evidence (p. 3), video appearances deprive defendants of effective assistance of counsel (p. 5).

Brief explains that video conferencing limits factfinder’s ability to reach accurate conclusions by skewing and disrupting communication and perception of participants (p. 19), leading to worse outcomes for defendants (p. 24), and decreasing the solemnity of courtroom proceedings (p. 25). Those arguments are then used to argue that virtual hearings violate the right to confront witnesses (p. 27), the right to be present at critical stages (pg. 37), the right to a public trial and the right of the public to attend hearings (pg. 43), and the right to effective assistance of counsel by inhibiting communication between attorney and client (p. 52).