Rethinking Courtroom Presence in the Virtual Era

Authors

Jenia Iontcheva Turner, Southern Methodist University Dedman School of LawFollow

Document Type

Article

Publication Date

Fall 2025

Publication Citation

101 Indiana Law Journal 1

Abstract

Technological innovation has made virtual appearances by criminal defendants increasingly common. These appearances have advanced efficiency but also raised questions about the scope of both the right and the duty of defendants to be physically present in court. Should judges, for example, be allowed to hold virtual arraignments, even if a defendant wishes to appear in person? Can defendants opt for virtual appearances at will? While courts are beginning to address these questions, they have yet to develop a coherent framework to evaluate when virtual appearances are constitutional and appropriate. This Article seeks to contribute to this project by examining both the historical grounding of rights and duties of physical presence and recent empirical evidence about the effects of virtual participation.

The right to be present has deep common-law roots and has long been regarded as a fundamental element of due process. It allows defendants to observe and comprehend proceedings, participate in their own defense, and be treated with dignity. In early American history, the defendant’s presence was considered so fundamental to a fair process that defendants were not allowed to waive it. Courts could not proceed with trial in the defendant’s absence. Presence was also regarded as an obligation, justified on the grounds that it promoted the search for truth, public confidence in the process, and respect for the court’s authority. Gradually, however, courts and policymakers have reconsidered these ideas as a result of efficiency concerns and technological advancements.

Today a key question is whether remote appearances can satisfy the same constitutional values traditionally advanced by physical presence. Drawing on historical doctrine and empirical evidence from recent virtual hearings, this Article offers a systematic analysis of the purposes served by both kinds of participation. It demonstrates that remote appearances can enhance efficiency and access to justice in some contexts while threatening important due process interests in others. It then presents a framework for determining when virtual appearance satisfies foundational constitutional purposes. This analysis aims to assist judges and policymakers in integrating useful technology even as they seek to protect constitutional values.

Recommended Citation

Turner, Jenia Iontcheva (2025) "Rethinking Courtroom Presence in the Virtual Era," Indiana Law Journal: Vol. 101: Iss. 1, Article 1.
Available at: https://www.repository.law.indiana.edu/ilj/vol101/iss1/1