Volume 86, No. 1, Fall 2013

COMPLYING WITH THE CONFRONTATION CLAUSE IN THE TWENTY-FIRST CENTURY: GUIDANCE FOR COURTS AND LEGISLATURES CONSIDERING VIDEOCONFERENCE-TESTIMONY PROVISIONS

Defense Attorney [holding an exhibit in front of a video monitor]. Ms. Fileger, can you see this?

Witness [testifying in a Florida courtroom from Nevada]. I can, I can see it, but I can’t see details of it.

The age of technology is upon us. We can watch movies, surf the Internet, and listen to music on devices that fit neatly into our pockets. Even courts have embraced technological innovations, as attorneys can file briefs electronically, appear in appellate proceedings remotely, and use electronic multimedia in the courtroom. This Comment addresses one specific issue involving the use of technology in the courtroom—whether prosecution witnesses may testify against criminal defendants at trial via videoconference technology.

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