In the wake of the COVID-19 crisis, for the most part, Virginia courts have remained closed. While courts will hear certain emergency petitions, criminal trials are yet to resume. Indeed, courts across the country are struggling with how to conduct trials while ensuring that all participants remain safe.
One option that has gained considerable attention is the use of two-way video technology. In theory, there are various ways that courts can use this technology. One of the most common proposals involves having the jury sequestered in another room while viewing the testimony of witnesses over video rather than in person. This alternative involves the defendant, defense counsel, the prosecutor, the judge, and the witness all remaining in the courtroom.
Another alternative that some have suggested is allowing witnesses to testify remotely, through the use of two-way video. This option would likely be used in conjunction with the above example, where the jury is also removed from the courtroom. However, unlike the previous option, the witness would not be physically present in the courtroom.