Technological advances have greatly impacted the presentation of cases in court. Virtually no case is tried where the jury does not see exhibits on a computer screen, and few oral arguments are unaccompanied by PowerPoint slides. If a lawyer does not present evidence visually, she risks losing visual learners, and that is virtually the entire Generation X. On the other hand, overuse of technology can be a distraction and can divert jurors from overall case themes.
I expect that over time, technological advances will further impact court proceedings. Testimony from remote locations may be permitted. More cases will likely be televised, and, in that context, we need to do all we can to minimize posturing for the camera by witnesses and lawyers while protecting witness and juror confidentiality. Journalists covering trials will likely be blogging more detail than traditional news coverage has allowed. This enhanced attention to court proceedings can skew assessments of our justice system, depending upon the quality of the lawyering, judging, and reporting. Increased coverage makes it harder to find an untainted jury in a high-profile case, and safeguards are required to discourage jurors from inappropriate use of technology that may expose them to excluded evidence, or the public to secret deliberations.
Hon. Barbara M.G. Lynn is a judge with the United States District Court in Dallas, Texas. She is former chair of the ABA Section of Litigation, honorary cochair of the Judicial Intern Opportunity Program, and former chair of the Judicial Division.