The COVID-19 pandemic has had an extraordinary impact on the lives of all Americans. It seems as though almost every aspect of life has changed, seemingly overnight. As New York Criminal Defense Lawyers we are very concerned about the impact on the New York criminal justice system. In the wake of the pandemic, New York courts all but shut down, hearing only emergency matters. This took a serious toll on the effectiveness of the state’s criminal justice system. Indeed, jury trials have been delayed for months, and courts are getting overwhelmed as new cases continue to come in. Even since courts have started to reopen, concerns around the effective administration of justice remain—chief among these being the ability to get a fair jury trial during the COVID-19 pandemic.
While all New Yorkers are hopeful that the worst of the pandemic is in the rear-view mirror, New York is still struggling to return to a level of normalcy even as safety measures remain in place. These safety measures can substantially interfere with a defendant’s due process rights and their ability to obtain a fair trial.
The Sixth Amendment to the United States Constitution guarantees every criminal defendant the right to a speedy and public trial by an impartial jury and “to be confronted with the witnesses against him,” and “to have compulsory process for obtaining witnesses in his favor.” However, each of these rights may be seriously hampered by the restrictions in place during the COVID-19 pandemic.