Thoughts on Optimizing Time & Attention in Virtual Trials

4 Pages Posted: 24 Jul 2020 Last revised: 27 Jul 2020

See all articles by Michael Shammas

Michael Shammas

Tulane University School of Law; Duke University; The Civil Jury Project; U.S. Court of Appeals for the Sixth Circuit; U.S. District Court for the District of Maine; Harvard Law School

Date Written: July 8, 2020

Abstract

I’ve previously examined the logistical difficulties affecting virtual trials and hearings. Two as-yet unexamined aspects involve technology’s impact on:

(1) judicial time management and,

(2) juror and attorney attention.

These questions, however, could not be more important, especially in the case of crucial monologues like a judge’s reading of jury instructions (the focus of this essay).

Given the brain’s tendency to wander, what about their usual style should judges alter when conducting trials and hearings over platforms like Zoom? How can judges account for the differences between online and physical interaction?

Keywords: coronavirus, virtual trials, online trials, civil jury project, pomodoro method, zoom fatigue, online hearings, virtual hearings, legal procedure, jury instructions, professional responsibility, neuroscience, legal psychology, political psychology, judicial time management, attention span

Suggested Citation

Shammas, Michael, Thoughts on Optimizing Time & Attention in Virtual Trials (July 8, 2020). NYU Law and Economics Research Paper No. 20-39, Available at SSRN: https://ssrn.com/abstract=3646490 or http://dx.doi.org/10.2139/ssrn.3646490

Michael Shammas (Contact Author)

Tulane University School of Law ( email )

6329 Freret Street
New Orleans, LA 70118
United States

Duke University ( email )

Gross Hall
140 Science Dr
Durham, NC 27708
United States
(919) 660-4300 (Phone)
N/A (Fax)

HOME PAGE: http://https://polisci.duke.edu/

The Civil Jury Project ( email )

Wilf Hall
40 Washington Square South
New York, NY 10012-1099
United States
252-412-2350 (Phone)

HOME PAGE: http://www.civiljuryproject.law.nyu.edu/

U.S. Court of Appeals for the Sixth Circuit ( email )

Clifford-Davis Odell Federal Building
167 N. Main St.
Memphis, TN 38103
United States
N/A (Phone)

HOME PAGE: http://https://www.ca6.uscourts.gov/

U.S. District Court for the District of Maine ( email )

Edward T. Gignoux U.S. Courthouse
156 Federal Street
Portland, ME 04101
United States
(207) 780-3356 (Phone)
n/a (Fax)

HOME PAGE: http://https://www.med.uscourts.gov/

Harvard Law School ( email )

1575 Massachusetts Avenue
Hauser 106
Cambridge, MA 02138
United States

HOME PAGE: http://https://hls.harvard.edu/

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
160
Abstract Views
1,139
Rank
294,991
PlumX Metrics