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ARRAIGNMENT BY TELEVISION - A NEW WAY TO BRING DEFENDANTS TO THE COURTROOM

NCJ Number
66032
Journal
Judicature Volume: 63 Issue: 8 Dated: (MARCH 1980) Pages: 396-401
Author(s)
W H GILMORE
Date Published
1980
Length
6 pages
Annotation
THIS ARTICLE DESCRIBES THE USE OF CLOSED CIRCUIT TELEVISION SYSTEMS AS A DAY-TO-DAY METHOD OF COMMUNICATION IN TRIAL COURTS AND GIVES SPECIFIC ATTENTION TO ITS USE IN ADA COUNTY (BOISE), IDAHO.
Abstract
THE COUNTY EXPLORED VARIOUS METHODS TO OVERCOME THE FINANCIAL AND LOGISTICAL PROBLEMS OF TRANSPORTING PRISONERS TO TRIAL FROM A JAIL FIVE MILES FROM THE COURTHOUSE. THE LOGICAL SOLUTION WAS TO ARRAIGN PRISONERS AT THE COURTHOUSE BY AUDIO-VIDEO ELECTRONIC EQUIPMENT WHILE THEY REMAINED IN THE JAIL. A COST ANALYSIS INDICATED $52,000 COULD BE SAVED ANNUALLY BY USING SUCH A CLOSED CIRCUIT TELEVISION SYSTEM. FUNDS WERE PROVIDED BY LEAA, AND THE SYSTEM BECAME OPERATIONAL IN 1979. LEGALLY, THE APPELLATE COURTS FOUND NO DENIAL OF RIGHT AGAINST SELF-INCRIMINATION IN THE USE OF VIDEOTAPE CONFESSIONS AND/NO DENIAL OF DUE PROCESS IN VIDEOTAPED EXPERT TESTIMONY. IN FACT, THE SIXTH AMENDMENT IS THE ONLY ISSUE RELATING TO THE USE OF LIVE TELEVISION WHICH HAS BEEN APPEALED, ALTHOUGH LEGAL ISSUES HAVE JUST BEGUN TO BE EXPLORED AND THERE IS LITTLE CONSTITUTIONAL LAW ON THE SUBJECT. NECESSARY EQUIPMENT FOR AUDIO VISUAL ARRAIGNMENT INCLUDES A 16MM COLOR TELEVISION CAMERA AND A TELEVISION MONITOR WITH AUDIO CAPABILITIES. EQUIPMENT IS IDENTICAL AT BOTH COURTHOUSE AND JAIL, AND TRANSMISSION IS VIA MICROWAVE. OFFICIAL RECORDS ARE KEPT ON ELECTRONIC TAPE. THE EQUIPMENT AT THE JAIL IS ALSO USED BY THE PUBLIC DEFENDER TO INTERVIEW DEFENDANTS AND WITNESSES IN COMPLETE CONFIDENCE. USER REACTION HAS BEEN POSITIVE, AND PLANS CALL FOR A STATEWIDE EXPANSION OF THE PROGRAM, WITH RESEARCH INTO USE OF THE EQUIPMENT IN CIVIL LITIGATION AND THE APPELLATE COURTS. AUDIO VISUAL EQUIPMENT IS ALSO BEING TESTED IN VARIOUS OTHER LOCATIONS IN THE UNITED STATES. PHOTOGRAPHS ACCOMPANY THE ARTICLE. (MJW)