Constitutional Law
Sep. 20, 2023
In defense of live hearings
A growing body of scientific evidence shows that participants in virtual hearings perceive testimony by videoconference markedly different from live testimony due to the absence of eye contact and challenges in detecting nonverbal cues.
The premise of this writing is that evidentiary hearings, unlike pretrial hearings, status conferences, settlement conferences, and law and motion proceedings, give rise to due process rights that are profoundly compromised by the current trend toward online proceedings. While online hearings save time, are less costly, and for some, are more convenient, the move to online evidentiary hearings substantially undermines procedural protections that have been traditional...
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