Wednesday, May 20, 2020

Trial By Zoom ???

Here is a report about the first jury trial by Zoom:

https://www.zerohedge.com/technology/americas-first-ever-zoom-jury-trial-streamed-live-today

Here is what the US Constitution says which may relate to the issue:

Article III, Section 2
3: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Seventh Amendment
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Here's what I think:
  • A jury composed of people located in different locations connected via the Internet is NOT the same as a jury assembled in one location and able to interact in person.
  • A trial conducted via the Internet is NOT really a "public trial".
  • Such a trial does NOT really allow witnesses to be "confronted".
  • Watching and listening to people via the Internet is NOT equivalent to seeing and hearing them in person.
  • Such an arrangement CANNOT even guarantee that real people are on the other end of the streaming connection.

Zoom trials (or the equivalent) are a whole different ball game. We should NOT be going down this road, since it leads (among other places) to a world in which unchallengeable computer jurors and judges will decide our fate using inhuman computer logic. That would NOT be what the constitution guarantees.

And it's not what I want. How about you?

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