State trial courts in Illinois may soon be outfitted with cameras to capture certain proceedings. The incorporation of cameras in the courtroom is not a new idea but is novel to trial courtrooms in Illinois. The expansion of technology in the courtroom may help or hurt criminal defense depending on the perspective.

A recent Illinois Supreme Court decision will allow the state's 23 judicial circuits to apply to a pilot program that provides cameras to record certain court hearings. In the majority of states cameras are already allowed into the courtroom and cameras are already allowed at the state's Appellate and Supreme courts.

Under Illinois's pilot program two cameras operated by one person will be allowed in trial courts. However, cameras will not cover all types of hearings or cases. Cameras will not be allowed in divorce, juvenile, child custody cases or portions of cases that involve testimony from informants, undercover agents and victims of sex crimes. Cameras will also not be pointed at the jury before and during trial.

The justices of the Illinois Supreme Court were unanimous in their decision to allow the pilot program. While the justices were unanimously in favor of the decision, there are opinions that represent both sides of the decision to allow cameras into Illinois' trial courts.

Those in favor believe cameras will provide greater transparency in the courtroom and the greater transparency will help more people understand the processes of the court. The better understanding of the court process, according to one judge, will improve the functioning of democratic government.

Those on other side are more cautious. Some believe the addition of cameras will lead to witnesses becoming actors or actresses instead of witnesses providing testimony of facts related to the case. Similarly, cameras could also intimidate witnesses to the point where they may be reluctant to testify.

Time will tell if the addition of cameras improves the judicial process in Illinois.

Source: Chicago Tribune, "Justice system debates merits of cameras in courtrooms," Dawn Rhodes and Steve Mills, Jan. 25, 2012