Technology has evolved and raided our personal and professional lives. Although the courts are not immune to the advancement and integration of technology, the courts are not keeping up with relevant technological advancements. Historically, courts have been hesitant to embrace new technologies despite the Federal Rules of Civil Procedure and the American Bar Association Model Rules of Professional Conduct. Rule 1 of the Federal Rules of Civil Procedure creates the right to a “just, speedy, and inexpensive determination of every action and proceeding.” Likewise, the American Bar Association Model Rules of Professional Conduct have determined attorneys must “keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology . . .” to maintain competence. The bench and bar have a responsibility to keep up with the advancement of technology because technology affects the administration of justice. With the practice of criminal law being far behind in technological advancements and new technology entering the legal field now, criminal lawyers, judges, and other legal community members need to start incorporating this technology and be comfortable using it in their everyday lives.
This Paper will begin with a discussion of the evolution of technology used in criminal cases, culminating in an explanation of the technology currently used in the courtroom. An in-depth examination of the history and development of blockchain technology and how it can be influential in criminal cases follows. Next, the use of blockchain technology for virtual hearings as a solution in criminal cases is discussed. Further, this Paper will examine the possible issues with virtual hearings in criminal cases and how those issues can be reduced by using blockchain technology. A further discussion of how blockchain technology can solve problems currently facing criminal cases follows. This Paper then looks into the future by examining potential technological innovations in the courtroom. Lastly, this Paper concludes with a discussion of how virtual hearings are inevitable in the future of criminal cases, so lawyers and judges should be pushing for these new technologies rather than resisting them.