As a result of COVID-19, most jurisdictions in the country quickly moved court and court-related communications from in-person to audio- and video-technology without fully examining the impact of these technologies on the parties or the core purposes of the court process. Working with Stanford University Law, this project will identify and develop best practices for the use of remote technologies, such as audio and video conferencing, in criminal proceedings which ensure core Sixth Amendment protections for confrontation, defendant participation, and meaningful and effective representation, especially by those represented by court-appointed counsel. The project will include a national survey of existing practices, in-depth interviewing and ethnographic studies on the use, dynamics, and effects of remote technologies at different stages of the criminal proceedings, a survey of existing research, and the development of best practice guidelines.
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Working with sociologist and academic members of the team, develop a national survey instrument, including working with defenders to beta-test the survey to maximize its efficacy
Disseminate survey to national defender community
Conduct in-depth interviewing of stakeholders in some discrete jurisdictions who are utilizing remote technologies. Three jurisdictions Identified: North Dakota (regional), Milwaukee, WI; Miami-Dade, FL
jurisdictions were identified based, in part, on the information from the national survey
Develop a guide of best practices for the uses (and limitations) of audio and video technology in criminal proceedings, with a special focus on impact on public defense agencies and public defense clients.
Stanford students will analyze data received from defender survey
Stanford will conduct a review of literature regarding the use of remote technologies in legal and non-legal settings.
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