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This open access book examines the impact of digitalisation processes on fair, accessible and inclusive criminal justice for vulnerable individuals. Based on original empirical data from an Australian Research Council funded national study, the book evaluates digitalised criminal justice, specifically, the increasing use of remote hearings and virtual courts, and the interrelationship with vulnerability. It asks: in what ways do remote communication technologies, such as videolinks, videoconferencing, and pre-recorded evidence, assist or disadvantage vulnerable witnesses, complainants, victims and defendants in the criminal justice system? By interviewing and surveying 175 Australian judicial officers, prosecutors, defence lawyers and affiliated professionals, the book examines the impact of digitalised criminal justice on all vulnerable individuals. Themes include the benefits and challenges to human connection, communication, comprehension and confidentiality, as well as court authority, cross-examination, and emotional expression. While there are certain universal and non-contentious experiences of videolinks, the key practical findings are sharply delineated between vulnerable witnesses versus vulnerable defendants. Theoretically, the book merges digital criminology with vulnerability theories to contribute understandings of digital vulnerability , that is, the interplay between digital technologies and vulnerable individuals in criminal justice. Digital Vulnerability in Criminal Justice provides critical and contemporary insights, and forward-looking recommendations for ensuring fair digitalised criminal justice into the future.
List of contents
Chapter 1. Introducing Digital Criminal Justice.- Part I Understanding Digital Vulnerability (Conceptually And Methodologically).- Chapter 2. Digital Criminology, Vulnerability Theories And Digital Vulnerability.- Chapter 3. Researching Digitalisesd Criminal Justice With Empirical Methods.- Part II Empirical Insights Into Digital Vulnerability.- Chapter 4. What Is Vulnerability In Criminal Justice?.- Chapter 5. Remote Vulnerable Witnesses, Complainants And Victims.- Chapter 6. Remote Vulnerable Defendants.- Chapter 7. Future Visions Of Digitalised Criminal Justice.- Chapter 8. Conclusion.
About the author
Dr Carolyn McKay is Associate Professor in Law at the University of Sydney Law School where she teaches Criminal Law, Procedure, and Digital Criminology. She is author of The Pixelated Prisoner: Prison Video Links, Court ‘Appearance’ and The Justice Matrix (2018, Routledge) and recipient of an Australian Research Council ‘Discovery Early Career Researcher Award’ (2021-2025) for the Digital Criminal Justice Project: Vulnerability and the Digital Subject (DE210100586).
Summary
This open access book examines the impact of digitalisation processes on fair, accessible and inclusive criminal justice for vulnerable individuals. Based on original empirical data from an Australian Research Council funded national study, the book evaluates digitalised criminal justice, specifically, the increasing use of remote hearings and virtual courts, and the interrelationship with vulnerability. It asks: in what ways do remote communication technologies, such as videolinks, videoconferencing, and pre-recorded evidence, assist or disadvantage vulnerable witnesses, complainants, victims and defendants in the criminal justice system? By interviewing and surveying 175 Australian judicial officers, prosecutors, defence lawyers and affiliated professionals, the book examines the impact of digitalised criminal justice on all vulnerable individuals. Themes include the benefits and challenges to human connection, communication, comprehension and confidentiality, as well as court authority, cross-examination, and emotional expression. While there are certain universal and non-contentious experiences of videolinks, the key practical findings are sharply delineated between vulnerable witnesses versus vulnerable defendants. Theoretically, the book merges digital criminology with vulnerability theories to contribute understandings of ‘digital vulnerability’, that is, the interplay between digital technologies and vulnerable individuals in criminal justice. Digital Vulnerability in Criminal Justice provides critical and contemporary insights, and forward-looking recommendations for ensuring fair digitalised criminal justice into the future.
