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Article
Courts Without Court
Vanderbilt Law Review
  • Andrew Guthrie Ferguson, American University Faculty Account
Document Type
Article
Publication Date
10-1-2022
Journal

Vanderbilt Law Review

Abstract

What role does the physical courthouse play in the administration of criminal justice? This Article uses recent experiments with virtual courts to reimagine a future without criminal courthouses at the center. The key insight of this Article is to reveal how integral physical courts are to carceral control and how the rise of virtual courts helps to decenter power away from judges. This Article examines the effects of online courts on defendants, lawyers, judges, witnesses, victims, and courthouse officials and offers a framework for a better and less court-centered future. By studying post-COVID-19 disruptions around traditional conceptions of place, time, equality, accountability, and trial practice, this Article identifies how legal power can be shifted away from the courts and into the community.

Citation Information
Andrew Guthrie Ferguson. "Courts Without Court" Vanderbilt Law Review Vol. 75 (2022) p. 1461 - 1522
Available at: http://works.bepress.com/andrew-g-ferguson/75/