US lawyers raise concerns over the obstacles that virtual criminal jury trials present to a defendant’s rights. They stress that virtual trials limit a lawyer’s ability to confer with the defendant before and during the trial. For instance, defendants are unable to confer with their counsel at the same moment harmful evidence is presented. US Constitution also guarantees defendants’ right to be confronted with the witness against them, with the courts emphasising that no form of technology can replace physical confrontation. A virtual jury requires jurors to have access to technology and arrange for things like childcare. This will inevitably reduce the potential pool of jurors and will likely lead to imbalance among gender, race, and economic status.
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