The Covid-19 Impact on Criminal Courts and Criminal Courtroom Workgroups

• In Event: Exploring Prosecutorial Discretion and the Role of Counsel in the Plea Bargaining Process

Abstract

Objective: As scholars and practitioners alike rush to make sense of the changes that the pandemic has thrust upon the criminal justice system, much of the resultant research emphasizes the impact on policing and corrections. This study contributes to a growing body of scholarship examining the unique challenges faced by the courts. The move to virtual proceedings, court building closures, and suspension of speedy trial rights have initiated lasting changes in a traditionally staid and inert court system. Therefore, how do criminal court actors perceive these rapid changes? How has it affected their work habits? What challenges do they perceive in the future?

Data/Methods: Researchers conducted interviews with 22 prosecutors, 17 defense attorneys, and 10 judges in Milwaukee, WI and St. Louis, MO to examine how various mechanisms influence and/or constrain prosecutorial decisions.

Results & Conclusions/Implications: We observe court actors’ qualified enthusiasm for virtual proceedings, their ambivalence about transforming courtroom workgroup relationships, and their apprehension in the face of an unprecedented trial backlog. According to participants, the pandemic has provided for both the opportunity for positive reforms, as well as the risk of exacerbating already existing problems.

Authors

• Elizabeth Webster, Loyola University Chicago

• Beth Huebner, University of Missouri - St. Louis

• Luis C. Torres, University of Missouri - St. Louis

• Alessandra Early, University of Missouri - St. Louis

• Don Stemen, Loyola University Chicago

• Marisa Omori, University of Missouri - St. Louis