> There is a cultural assumption that by looking someone in the eye we can tell if they are lying. So phone is not good enough. It has to be phone+video.
I only had to Google for a minute to find plenty of instances where courts will allow testimony over the phone (no video) and even by letter, and nowhere did I see "cultural assumptions" like determining truth by being able to look into someone's eyes mentioned as relevant.
Show me actual case law to the contrary or I'm calling BS on your claims.
Too many little rules and exemptions to cite any one case. Look to the rules in each jurisdiction.
>> The Tennessee Supreme Court has addressed the reasons why live, in-person testimony is more desirable than remote testimony. Kelly v. Kelly, 445 SW3d 685 (2014) explains this preference: “(1) It assists the trier of fact in evaluating the witness’ credibility by allowing his or her demeanor to be observed firsthand; (2) It helps establish the identity of the witness; (3) It impresses upon the witness the seriousness of the occasion; (4) It assures that the witness is not being coerced during testimony; (5) It assures that the witness is not referring to documents improperly; and (6) In cases where required, it provides for the right of confrontation of witnesses.
Note: in SOME cases in-person testimony is REQUIRED. That means in those cases remote testimony is disallowed.
One court considering in person testimony to be more desirable is not in any way equivalent to a decision that doing otherwise is a violation of anyone's rights. You haven't proven that a right exists, nor does the article defend that claim. You've proven that it's an administrative matter that different jurisdictions handle differently depending on circumstances, but still perfectly legal.
Certainly you haven't proven your original assertion that wearing a mask according to COVID-19 guidelines is a violation of Americans' Sixth Amendment rights (the "right to face their accuser") because that argument depends on a blatant misinterpretation of what the wording of that Amendment means.
I only had to Google for a minute to find plenty of instances where courts will allow testimony over the phone (no video) and even by letter, and nowhere did I see "cultural assumptions" like determining truth by being able to look into someone's eyes mentioned as relevant.
Show me actual case law to the contrary or I'm calling BS on your claims.