Presence, Proximity and Participation: Online Court Communication from a Procedural Justice Perspective

What is it about?

The growing use of video links in courtrooms has raised concerns about whether online trials can still be fair. Some legal experts argue that being physically present in court is necessary for fairness and effective participation, but there’s not much research to back up this claim. This article looks at how being physically present might matter in criminal trials by focusing on two main ideas: having the chance to speak and tell your side (voice) and being treated with respect (dignity). The research shows mixed results about how online trials impact participation, but studies in other fields like telemedicine and telepsychology suggest that strong connections and empathy can still be maintained online. The authors call for more research to better understand how online trials affect people’s sense of fairness, especially in terms of how judges interact with defendants, and emphasize the need to keep an open mind about the potential benefits of online criminal trials.

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