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Legal battles over coronavirus restrictions aren t as novel as the virus—just look back 100 years

SJC Says Pandemic Virtual Hearings Are Constitutional

The John Adams Courthouse in Boston, home of the state s Supreme Judicial Court. (Robin Lubbock/WBUR) Remote court hearings may not be perfect, but they do not violate a defendant s rights, according to Massachusetts Supreme Judicial Court. In a lengthy opinion Wednesday, the SJC said courts are within their rights to hold videoconference hearings during the pandemic. But the same opinion also says in some cases, judges can wait to hold in-person hearings. The Commonwealth s interest in protecting the public health during the COVID-19 pandemic is significant and, combined with its interest in the timely disposition of a case, would, in many instances, outweigh the defendant s interest in an in-person hearing, wrote Justice Elspeth Cypher. Accordingly, we conclude that a virtual motion to suppress hearing is not a per se violation of the defendant s right to be present in the midst of the COVID-19 pandemic.

The curious case of John Vazquez Diaz and empirical evidence against online hearings

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