Do cell Phones in courts undermine the judicial process?
In the United States, you are not allowed to record, broadcast or communicate with outsiders while inside courtrooms without specific, written permission from the court itself. Courts have posted rules specifically prohibiting weapons, cell phones, cameras, and audio recorders. A ban on any weapons in the court room is just common sense but what about something as ubiquitous as cell phones? Are cell phones part of our free speech rights? And when should those rights be forfeited in the name of security, privacy or simple order in the court?
You may have noticed that courtrooms have changed very little over the past few hundred years. Sure, we did away with the powdered wigs by the mid-nineteenth century, but judges have held onto the tradition of wearing black robes. This formality serves as both a symbol and practical function. Judges and their respective court rooms demand respect from all officers of the court and audiences too. The protocol of rising to speak and general audience silence in all courts is designed to maintain dignity and order. It serves as a deterrent to any would-be protests, disruptions or violence stemming from the opinions of the courts. It also serves to indicate the courts as a sanctuary from mob mentality and chaos. The rule of law must prevail but can it co-exist with technology?
TV cameras enter the courts
In a court room, there is only a single source for the official record of everything being recorded. This ensures that excerpts or transcripts from proceedings come from the official version which is above scrutiny. Since the beginning of the photography and the motion picture industries, photographers have been trying to manipulate images for their own purposes. Some wanted to twist reality while others simply wanted to tell a fantastical story that couldn’t be seen any other way. Even photo-realistic images were not allowed in court proceedings until the mid-nineties.
After a pilot program permitting electronic media coverage concluded, the Judicial Conference gave judges the authorization to allow cameras in their courts. Since this was permitted on a court by court basis by the judges themselves, the cameras and broadcasts were still considered the sole record of those respective court rooms. But what happens when everyone has a camera?
Too many cell phones in courts
Many teachers, employers and managers do not allow cell phones to be used by anyone during work sessions. So it’s no surprise that many public proceedings would ask for anything otherwise. Cell phones are a huge distraction in public venues such as movie theaters and concerts. And even more irritating in the confines of a sacred church or religious institution. But court rooms dealing with life and death decisions require the attention and respect of all court officers and visitors.
That is why a no CELL PHONE POLICY continues to be upheld in court rooms across the country. In addition to distractions from smart phones, it is vital to keep people from photographing, streaming or recording audio of any testimony. This applies to any courts protecting the identity of minors or protected witnesses.
It also applies to testimony that has been stricken from the record or deemed inappropriate for the jury, reporters or viewing public. Even jurors waiting in a holding zone before being interviewed for jury duty cannot have smartphones on their person. This prevents jurors from biased opinions and messages being hurled at them from the Internet.
Detection of Cell phones in Courts
In order to maintain order without making citizens feel like convicts, many public court houses employ guards and metal detection portals. Those entering are prompted to leave their smartphones in safe cabinet. Yet there are still many ways that phones can be intentionally or unintentionally brought into courtrooms.
One of the most common ways is a simple mistake whereby someone with a cell phone enters a court that has no such detection system in place and forgets. They may sit down in the public courtroom as part of the audience or even have dealings with the jury or court officers. It is not a criminal act to forget to stow your cell phone outside of the court but cell phone interruptions can easily derail legal proceedings. That’s why it is important to maintain affordable and effective cell phone detection systems that both detect and deter users from cell phone use.
Courtroom cell phone detection provided by Wall Hound
WallHound™ is both an effective deterrent and detection system for unauthorized cell phone use. This self-contained system continually monitors inside or just outside of court rooms for active cell phones. It’s light weight and slim profile allows WallHound to be mounted on any wall, alongside any entryway or even on a sign stand. The bright LED system flashes a daylight viewable image – a red cell phone with a line through it, a universal no cell phones allowed icon. WallHound™ even allows custom audio messages to be recorded so when a juror gets a call on their phone, WallHound™ alerts everyone. Before entering the court room, WallHound™ can be strategically positioned to deter phones from entering by reminding visitors and staff to turn off or stow away their cell phones.
WallHound™ is available now from cell phone detection experts, Berkeley Varitronics Systems, supplying security tools to law enforcement globally.
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