Impact of Confessions Taken Remotely Via Modern Technology on the Conscientious Conviction of the Criminal Judge
Abdullah Ehjelah1, & Shaima Bani Amer2
Abstract
The Jordanian legislature has introduced virtual communication to criminal trials through the application of remote trials. Thus, it is possible to take the defendant’s confession through virtual communication, which leads us to the following inquiries: Does hearing the defendant’s confession in a remote trial have a negative effect on the judge’s conscientious conviction? If the judge forms such a conviction, will it be considered equal to the one formed in a regular face-to-face trial? Should it not be the same? Does such disparity disturb the parameters of
criminal justice? The study found an impact of remote trials on the judge’s conscientious conviction arising from the confession. This is due to the absence of body language and the judge’s lack of effective control over the remote trial. Therefore, the study makes several recommendations, notably the use of highly accurate modern means of communication and the assignment of a judicial officer to supervise the remote proceedings.
Keywords: criminal evidence, remote trial, conscientious conviction, confession, defendant, criminal law, criminal procedures.