Kaitlin Humer: How the Digital Divide Undermines “Access to Justice” in Criminal Courts

Since the COVID-19 pandemic, courts have continued operating with a hybrid model, embracing the use of digital courtrooms. While convenient for some, Kaitlin Humer (MA ’24) discovered that this model may not work well for people experiencing homelessness.

“On one hand, virtual court attendance can improve access to justice by expanding the pool of legal aid lawyers and allowing individuals to attend from neutral spaces, which is particularly important for people with negative experiences in traditional court settings,” says Humer. “It also reduces the need to travel or wait long hours at the courthouse, which can be beneficial for individuals navigating survival-based priorities. However, many unhoused people continue to face significant barriers due to the digital divide, including lack of access to stable internet, devices or private spaces for participation.”

From speaking to frontline professionals, Humer learned that the hybrid model heavily relies on workarounds by overburdened outreach workers to make the system function for unhoused people. Informal supports, such as lending phones, providing transportation or helping clients navigate remote hearings, are essential to enabling even basic participation in court.

“When considering the intersection of homelessness and criminal justice, access to justice is not only about showing up, but about being seen, heard and understood within a system that acknowledges the lived realities of its most marginalized participants,” says Humer. “The courtroom is structured around rituals, language and spatial arrangements that convey power. When legitimacy is grounded in optics rather than equity, the system risks becoming disconnected from the people it serves.”