The Virtual Court: Implications for Eyewitnesses and Beyond

Since 2020, there has been an overwhelming increase in the number of court cases heard virtually or with remote participation. In these contexts, people listen to, or provide evidence from online platforms-away from the physical court-drawing on tools like Webex or Zoom and using a range of digital devices. Beyond participating outside of a traditional physical court space, what are the consequences that arise from this shift to virtual hearings?In this chapter we explore the impact of virtual courts and remote communication in justice contexts and the consequences on remote eyewitnesses and their testimony. We explore the cues and context that may be lost through virtual formats and the various ways in which extra-legal cues may be incidentally added-and how the loss and addition of such cues can shape decision-making. We also examine challenges that may arise in eyewitness recall in virtual contexts and how these challenges may be mitigated in platform design. While virtual courts show great promise on many metrics, legal scholars have raised questions about possible consequences on judgment and decision-making. We call for further research in this area and a focus on procedural considerations and guidelines for virtual proceedings and extensions of this technology going forward.