New study questions ethics of courtroom video. A new study from the University of Sydney has called for greater vigilance in the use of video link technology in courtroom proceedings. The research, authored by criminology professor Carolyn McKay, is based on interviews with 30 prisoners across two prisons in the Australian state of New South Wales, where use of video links for court proceedings has grown by more than 400 per cent since 2002. While participants in the study acknowledged that using video links to appear in court helps sidestep the hardships involved in transportation to and from court, many also feared that the technology has dehumanising potential.

‘A bunch of pixels’

‘[Prisoners] expressed concerns about being reduced to ‘just a face on screen' or ‘a bunch of pixels’ and the potential stigma of wearing prison attire when appearing by video link,’ says Ms McKay. Additionally, some participants were concerned that a lack of in-person contact with their lawyers would have an impact on the quality of legal representation they received. ‘Video link can mean prisoners cannot speak face-to-face to their lawyers before, during and after court matters and prisoners were very concerned about the [impact] of this on confidentiality,’ she added.

Improving use

The research report offers several recommendations for improving the use of video links for courtroom appearances and minimise the potential implications of their use for the quality of justice received by prisoners. It recommends that prisons and courtrooms in New South Wales:

• Explain to prisoners how to use video link, how to communicate with judicial officers and their lawyer, and what to do in the event of a technical failure
• Improve courtroom cameras and prison video link screens to give prisoners a clearer view of the remote courtrooms
• Improve soundproof video studios to increase privacy and help reduce background noise from within prisons
• Design prison video studios to reflect courtroom interiors
• Make civilian clothing available to prisoners appearing for significant legal matters, such as sentencing and parole hearings.

Source: The Australasian Lawyer; ABC News