Virtual Witness Confrontation in Criminal Cases: A Proposal to Use Videoconferencing Technology in Maritime Piracy Trials
Indiana University Robert H. McKinney School of Law
November 21, 2012
Vanderbilt Journal of Transnational Law, Vol. 45, p. 1283, 2012
Indiana University Robert H. McKinney School of Law Research Paper No. 2012-28
Maritime piracy is a serious problem, yet states are not prosecuting captured pirates with any regularity. One of the many reasons cited to explain this phenomenon focuses on the expense and difficulty of mounting cases of such international proportions and which involve evidence, suspects, victims, and witnesses from around the globe. In an effort to help close the impunity gap that surrounds piracy, this Article offers a potential solution to the difficulties associated with obtaining live witness testimony. It proposes a rule to allow witnesses under some circumstances to testify remotely by way of two-way, live videoconferencing technology. While remote testimony need not become the norm in maritime piracy cases, the proposed rule is carefully structured to balance both the public’s and the defendant’s interest in a fair trial.
Number of Pages in PDF File: 59
Date posted: November 21, 2012 ; Last revised: December 15, 2012