Laissez-faire videoconferencing: Remote witness testimony and adversarial truth

With increasing Frequency, witnesses who formerly could only appear in cour t via deposition transcripts and videotapes now testify live from remote lo cations via videoconferencing. For many people, the idea of filming testimo ny evokes concerns about attorneys manipulating a witness's appearance to a ffect the witness's credibility. For others, the thought of a witness appea ring "live via satellite" poses a threat to the very sanctity of the courtr oom. In this Comment, Michael Roth examines issues of law and policy raised by i ntroducing videoconferencing technology to trial proceedings. Roth provides a background of the technology and an overview of its current uses in the judicial system. He then looks at the concept of demeanor testimony and exa mines how media theorists suggest both the technology itself and production techniques can affect perceptions of a witness's demeanor. Roth argues tha t in light of empirical studies refuting the efficacy of demeanor as an ind icator of truthfulness and current trial practices that distort witnesses' credibility, remote witness testimony should not be separately regulated. H e concludes that videoconferencing should either be considered an additiona l tool in the advocate's repertoire of trial tactics, or it should invite a reevaluation of the advocate's role in our adversarial system.