Remote witnesses: Improving their experience of technology, orientation and environment when participating via audio-visual links

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Martschuk, Natalie
Tait, David
Goodman-Delahunty, Jane
Wallace, Anne
Rowden, Emma
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2024
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Abstract

Courts are making increasing use of audio-visual links (AVL) for many purposes, including taking evidence from witnesses. However, there has been little in the way of research to provide guidance for courts and judges on conditions or standards that should apply to their use. Participant expert and lay witnesses in a mock trial were randomly assigned to AVL experiences that varied (a) the quality of the technology and supporting physical environment, and (b) the way witnesses were informed, supported and orientated. After providing their testimony, mock witnesses answered questions about their experience. We found that high quality technology and appropriately designed supporting physical environments increased perceived respect. Similarly, enhanced information and support improved perceived voice and rapport. Further, the combination of advanced environment and process had a compounding effect on perceived voice and respect, suggesting that courts seeking the best outcomes will implement both aspects. These results have significant implications for judicial officers and court administrators making decisions about AVL use, and implementing the AVL design and operation.

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Tilburg Law Review

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29

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2

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© 2024 The Author(s). This is an open-access article distributed under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. See http://creativecommons.org/ licenses/by/4.0/.

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Martschuk, N; Tait, D; Goodman-Delahunty, J; Wallace, A; Rowden, E, Remote witnesses: Improving their experience of technology, orientation and environment when participating via audio-visual links., Tilburg Law Review, 2024, 29 (2), pp. 144-163

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