Blinding Justice and Video Conferencing?

Abstract

The focus of this paper discusses how to finally blind justice and reduce racial justice inequities when dispute resolution processes for civil matters are conducted via video conferencing. The sheer volume of cases conducted on video conferencing during the pandemic provides an unanticipated opportunity to begin examining this prescient issue. Post-pandemic video conferencing is remaining a preferred mode of conducting dispute resolution processes for some dispute resolution cases because of its time-saving and cost-saving benefits. This article explores how we might we build on what we have learned to yield equitable justice outcomes.

The discussion focusses on three major racial justice equity issues magnified by video conferencing: remediating the digital divide; addressing the implicit racial biases that are triggered when video conferencing; and responding to Black participants’ procedural justice concerns when dispute resolution processes when video conferencing traverse the public/private divide. This article culls from the emerging research and discussions about the intersectionality of video conferencing and implicit racial bias observed in virtual court hearings, interviews, and anecdotally during the Covid pivot.

Keywords: "blinding justice" "video conferencing" racism "racial justice inequities" "racial justice equity" "dispute system design" "access to justice" connectivity Covid-19 "digital divide" "implicit racial biases" de-biasing