The Constitution Is On Pause in America’s Courtrooms
In normal times, when a serious crime occurs and a person is charged, that person is soon presented before a judge. He or she is then advised of the charges, appointed a lawyer if he or she does not already have one, and bail is determined. From there, the machinery of justice proceeds apace: Grand juries hear testimony; prosecutors obtain an indictment; a trial date is set. During the time between indictment and trial, defense counsel meet with their client to prepare, review discovery and motions, and discuss strategy and any plea offers—all crucial parts of the right to the assistance of counsel guaranteed by the Constitution.
At this point, the suspect can plead guilty, and most do. But if a defendant exercises their right to jury trial, jury selection begins, with scores of eligible jurors sent to a courtroom for voir dire, where they are asked questions by the judge and lawyers, and the pool is ultimately whittled down to the 12 people (in most jurisdictions) who will serve as the jury, plus a few alternates. Then the trial begins: Witnesses testify, lawyers examine and cross-examine them, and the jury deliberates and attempts to reach and deliver a verdict.
How impossible that all seems today. At every stage of this process, humans must be together, inside, talking for long hours at a time. Since the start of the COVID-19 crisis in the United States, these processes have mostly been on hold—and with them, the constitutional rights of these defendants, and the possibility of justice for the crimes at issue.
[Joshua Matz: The coronavirus is testing America’s commitment to people’s constitutional rights]
But that is beginning to . Seven months into the pandemic, courts around the country are beginning to restart their criminal dockets. As they dip their toes into these waters, the practical obstacles are staggering. For example, is the courthouse spacious enough for ? Are the courts’ technological systems capable of supporting remote testimony or deliberations? For now, many courts are consumed, understandably, by these . But looming
