Lighter Penalties
Another outcome discussed from the COVID 19 pandemic was lighter or looser penalties with both guilty pleas and pleas to lesser charges. MADD’s in -court and online monitoring of cases would support this perception. We are seeing (1) an increase of “time served” cases and less jail time and (2) lower fines and flexible payment plans. Judges seemed very hesitant to issue jail time as a penalty because even if the offender was put in jail, they would be released soon after due to overcrowding and COVID exposure risk. With more people out of work, we are also seeing judges and prosecutors lower the fines and offering more than the usual 30 days to pay. Judges seemed particularly lenient on pro se defendants. Some jurisdictions are even refusing to accept guilty pleas from a pro se defendant until they consult with an attorney. One municipal court is showing an hour-long video on pro se rights before their monthly DUI court begins.
Technology In the Courtroom
Another result of court closures, health, and safety concerns during COVID was that technology in the courtroom became a big topic. After extended court closures, Chief Justice Beatty signed an executive order on August 27, 2021 granting the use of remote communication technology and enhanced remote communication technology in the courtroom. This technology would include the use of conference calls, Zoom, WebEx, Microsoft Team or any other form of technology that allows audio or both audio and video to be shared. This was a significant initiative, as the backlog of court cases had only been growing since the start of COVID. During this time, prosecutors were under heavy pressure to move cases, but their hands were tied due to ongoing COVD rules, regulations, and restrictions. Allowing the use of technology in the courtroom relieved a lot of this pressure and allowed for a way to move some cases. However, the order did allow for judges to use their own discretion, so while many judges took advantage of the opportunity to still hold court and move cases, some judges did not. MADD is hopeful that even post-COVID technology will still be allowed to be used. Compared to pre-COVID practices, the use of technology can still assist in moving cases more quickly. For instance, if a key witness or expert or victim, especially one who does not live or work in the community, is needed to testify, it seems remotely participating is immensely less costly and more convenient with little downside.
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