Davies, Danielle --- "Opinion" [2001] AltLawJl 62; (2001) 26(4) Alternative Law Journal 160

• OPINION
• The courtroom of the future: today?

OPINION

The courtroom of the future: today?

Exhibit A, the alleged weapon, is projected by a document camera onto large screens for all in the courtroom to see.

The victim appears next on screen, safely giving evidence from a remote protected witness room.

A forensic scientist in the United States gives supporting evidence by video/ink.

The jury switches attention to watch a video re-enactment of the crime, while counsel for the defence consults via email with an associate in Melbourne as the case takes a new direction.

In summation, counsel for the prosecution uses a multi media presentation created from electronic grabs of transcripts and evidence, to dramatic effect.

The judge, while observing proceedings, taps into the data base of previous judgments to check on a similar precedent set by a colleague two years ago.

A courtroom of the future? No.
In Western Australia, the State Government has invested in the intelligent courtroom of the future, today.

'Courtrooms of the Future', explanatory booklet provided by the Ministry of Justice, WA at their 'Intelligent Courtroom' seminar, September 2000.

So I read recently when I attended a seminar demonstrating the 'intelligent courtroom'. It struck me that in applying advancing technology to the administration of justice we must embrace change, yet also be cautious. The picture painted by the above excerpt provides some examples of commendable new directions, such as the use of remote rooms for vulnerable witnesses. However, I believe that many of the proffered new tools would largely be inaccessible to those who crowd the courtroom corridors. Even if the funding at the office of the Director of Public Prosecutions allows time and money for the preparation of such forensic tools as the multi-media presentation, I doubt many defence counsel could afford such a luxury. In the climate of cuts to legal aid, and the increase in legal fees (for anyone without an ABN number) by 10% by virtue of the GST, I wondered if these changes would in fact lead to better access to justice, or simply place more powerful tools in the hands of those who could afford them. Soon, we are told, solicitors from paperless offices will file all documents electronically. Fair enough, I suppose, if we can all be presumed to have an equal access to such offices. Leaving aside the oft aired concern that our present system of document storage is the beta video of tomorrow, is the benefit to be gained from making this advance one that can be shared by all the users of courts alike?

Surely every development in the way our system of justice is administered must be accompanied by an examination of the way that change will impact on some of the essential characteristics of our system. An attempt to describe those essential characteristics is beyond both the scope of this opinion and, perhaps, its author. However, the question we must ask is whether the change makes our system better, fairer, more accessible. Any change, particularly one utilising developing technology, must be accompanied by careful consideration of its concomitant ramifications.

With this very scrutiny in mind, we have attempted in this issue to create a forum for the exploration of some interesting developments in the law. DNA profiling has made significant changes to the criminal justice system: from its use by police as an investigative tool to its evidentiary value to a jury. The brave new world of genetic science is having a large impact on the way we conduct trials. Deborah Kellie explores this to dramatic effect and urges all those involved in the criminal trial process to attain an understanding of the scientific questions that juries now routinely ponder. Eileen Webb and Kieran Tranter caution against too ready an acceptance of an area of science whose potential lawyers do not yet understand. In an attempt to dispel some of the myths surrounding DNA profiling we commissioned Gavin Turbett, a forensic biologist, to explain some of the basics about DNA profiling for the more legally minded type.

From a tool used in the administration of justice, to the very structure of that system. Professor Stephen Parker challenges us to consider the establishment of parallel private courts as a solution to perceived ailments in our present system. The Chief Justice of Western Australia, responds by citing the essential characteristic of judicial independence as a reason why we should approach with caution any attempt to alter the present system. He challenges the application of consumerist standards to a system which contains aspects 'which are incapable of measurement'. Access to justice and judicial independence are some of the essential characteristics that we must consider before embarking on any change.

At the other end of the spectrum, Jeff Giddings and Michael Robertson examine some of the ways in which providers of legal services have enhanced access to the legal system for people who are not usually able to afford it, or do not have the luxury of choice. The innovative approaches of legal aid organisations and community legal centres in delivering as much information (by way of do-it-yourself and self-help services) to as many people as possible in an effort to get value for the funding dollar, make interesting reading.

Perhaps do-it-yourself multi-media presentations for use by litigants in person are not beyond the realm of possibility?

Danielle Davies

Danielle Davies is a Perth lawyer.