Opening the Virtual Window: How On-line Processes Could Increase Access to Justice in the Criminal Legal System

Authors

Cynthia Alkon, Texas A&M University School of LawFollow
Amy Schmitz, Ohio State University Moritz College of Law

Document Type

Article

Publication Date

2023

Journal Title

Cardozo Journal of Conflict Resolution

Abstract

This article explores the potential of technology to improve access to justice (A2J) in criminal courts, specifically for nonviolent misdemeanor cases. Despite a push for innovation in courts, criminal courts have been slow to embrace change and technological innovation due to factors like constitutional constraints and funding limitations. This article argues that criminal courts need "virtual windows" alongside traditional "brick and mortar doors" to enhance A2J. It proposes a problem-solving approach focusing on misdemeanor cases, a high-volume category where technology can have a significant impact. The paper highlights the importance of ensuring defendants make "knowing and intelligent" pleas despite the often-real consequences of misdemeanor convictions. The analysis also proposes a "green light, yellow light, red light" framework to categorize technologies based on their potential to improve A2J vs. the dangers they pose for defendants. Notably, the article acknowledges the digital divide but argues that the increasing prevalence of mobile devices and internet access necessitates exploring technological solutions for lowering barriers to justice. The paper concludes by calling for the adoption of "green light" technologies to improve A2J in misdemeanor cases, while acknowledging the need for thoughtful implementation to avoid unintended consequences. It also suggests further research with respect to “yellow light” ideas that may be worth further exploration with an aim toward furthering fairness and A2J.

First Page

177

Last Page

228

Num Pages

52

Volume Number

25

Issue Number

2

Publisher

Yeshiva University, Benjamin N. Cardozo School of Law

Recommended Citation

Cynthia Alkon & Amy Schmitz, Opening the Virtual Window: How On-line Processes Could Increase Access to Justice in the Criminal Legal System, 25 Cardozo J. Conflict Resol. 177 (2023).
Available at: https://scholarship.law.tamu.edu/facscholar/2087

File Type

PDF