On the (zoom) record: the role of videoconferencing in detention hearing proceedings

Abstract

ABSTRACT Following the onset of the COVID-19 pandemic, courts nationwide abruptly halted operations. Seemingly overnight, courts adopted videoconferencing technology and resumed critical operations virtually. Given that resuming operations took precedence, less attention was given to the numerous concerns surrounding virtual courtrooms, including, for example, constitutional violations and technical-related challenges. In the current study, we used a sample of pretrial detention hearing cases (N = 330) systematically collected in a New Jersey courtroom (April 2020 – April 2021) that expeditiously shifted modalities from in-person to virtual following the pandemic. In doing so, we described the prevalence of technical difficulties (e.g., video/audio glitches and disconnections) experienced by legal actors and defendants, assessed how the court adapted to the new virtual modality, and explored how technical difficulties influenced case decisions. Employing descriptive statistics and multivariate models, we found no evidence to suggest that technical difficulties influenced decisions. However, we found that technical difficulties were commonplace and that defendant disconnections increased over time, putting into question the court’s adaptability. Based on our findings, we echo other scholars’ concerns surrounding the current use of the technology and signal the need for additional research before continuing and or possibly expanding its use post-pandemic.