Impact of Remote Criminal Trial on the Evidentiary Value of Witness Testimony and Cross-Examination

Abstract

This article evaluates the credibility and evidentiary value of witness testimony and cross-examination conducted remotely in a criminal trial. It begins by discussing the difference between a typical criminal trial/proceeding and a criminal trial conducted remotely through video-link via Zoom, Google Meet, or other online video-meeting platforms. Furthermore, it elaborates on the principles of a fair trial. It makes a critical inquiry as to whether the parameters of a fair trial are met if the trial is conducted remotely. The article aims to establish that while remote criminal trials can serve as an alternative to regular criminal trials, this benefit does come with a significant cost. It is for the judges and jury to decide whether the benefit outweighs the price through a cost-benefit analysis of the entire scenario. The main argument behind discouraging the trend of remote criminal trials is its impact on the evidentiary value of witness testimony and cross-examination. These two components are considered to be the essence of a criminal trial. Lastly, it discusses the impact of remote criminal trials on the evidentiary value of these components in light of the comparative analysis of procedural formalities and requirements.