It is no secret that, in recent years, many physical events have digital iterations or have been fully digitized in VR.
Recently, in Colombia, a local judge decided to hold a court hearing in the metaverse as an experiment with the technology. It was a civil case related to a traffic incident, which will move “partially” into the metaverse.
While many believe that the metaverse will reshape our social lives, the question arises as to whether digital reality can better serve important moments in society, such as courtrooms, where an individual’s future may be at stake. Cointelegraph spoke with Carlo D’Angelo, a former law professor and lawyer crypto criminal advocate, to better understand the potential role of the metaverse in the legal system.
The case of the metaverse court in Colombia is not far from what legal systems around the world needed to do during the COVID-19 pandemic, which was to go digital. D’Angelo said:
“This urgent need to carry out the business of the court, [en medio de] a global pandemic, no doubt accelerated the mass adoption by judges of Zoom and other video conferencing services.”
D’Angelo told Cointelegraph that while these Zoom sessions worked for moving dockets and court hearings, the technology we are currently working with is not suitable for jury trials.
The main reason is that in-person “subtle visual cues”, biases, and verbal and non-verbal cues aren’t picked up remotely, especially behind a metaverse avatar.
“While it is possible to overcome these issues in a civil trial, especially with the consent of the parties, virtual criminal trials raise additional concerns.”
D’Angelo said watching the Colombian court hearing made him wonder what physical cues they were missing, like raising an eyebrow at the judge or fretting about the opposition.
“I feel that advocating through a digital avatar takes something raw and emotionally vital out of that experience.”
He went on to say that it may be possible to overcome some of these issues in a civil trial, although virtual criminal trials will continue to raise additional concerns, since a person’s liberty is at stake.
At least in America, he said, too many constitutional rights are at stake, including the defendant’s right to be “present” at trial and the right to “confront” prosecution witnesses under the Sixth Amendment to the US Constitution.
D’Angelo said that as a lawyer and “technologist,” he is optimistic about the future of Web3 technology and how it can advance the legal profession. However, he believes there are still many challenges to overcome before courts adopt metaversal judgments and views.
“Innovation cannot come at the expense of a fair trial.”
According to him, the future of metaversal views will largely depend on the mass adoption of augmented or virtual reality by the general public. If all parties are comfortable with the technology, he said, “we may see metaversal hearings start to show up in court records.”
At the moment, there is a growing community of lawyers, advocates and others involved in legal matters, who are becoming more familiar with Web3 technologies and how they can affect the industry.
Clarification: The information and/or opinions expressed in this article do not necessarily represent the views or editorial line of Cointelegraph. The information presented here should not be taken as financial advice or investment recommendation. All investment and commercial movement involve risks and it is the responsibility of each person to do their due research before making an investment decision.
Investments in crypto assets are not regulated. They may not be suitable for retail investors and the entire amount invested may be lost. The services or products offered are not directed or accessible to investors in Spain.