‘Can Remote Trials be Fair Trials? Exploring the Potential Effects of Communication Technology in the Criminal Justice Context from an Interdisciplinary Perspective’

Abstract

With this editorial we introduce the Special Issue ‘Can Remote Trials be Fair Trials? Exploring the Potential Effects of Communication Technology in the Criminal Justice Context from an Interdisciplinary Perspective’. This Special Issue explores the increasing use of remote technology in criminal proceedings, a trend largely attributed to the COVID-19 epidemic. Due to significant case backlogs and budget constraints, remote proceedings are a cost-effective alternative to traditional in-person trials. However, the implications for procedural fairness as experienced by the defendant remain complex and are largely unexplored. In this editorial, procedural justice theory is invoked to argue for an interdisciplinary approach to evaluating the implications of remote technology for criminal trials, focusing on three key areas: (1) the dynamics of courtroom interactions, (2) judicial decision-making, and (3) fair trial and due process rights. Current debates on the implications of remote criminal justice often rely on assumptions, underscoring the need for in-depth research. The contributions in this Special Issue address the significant impact of technology on criminal proceedings from the perspectives of different disciplines, highlighting that it is not merely an addition but can fundamentally alter their scope and content. The papers are written by leading experts in the field of remote justice?, represent different disciplines and are to a large extent informed by empirical research. Through this interdisciplinary approach this Special Issue aims to provide valuable insights into the complex relationship between remote participation and the integrity of the criminal trial.

Keywords

• remote technology
• procedural justice
• fair trial