What happens to justice when the courtroom is replaced by a screen? Can a trial conducted via video conference be as fair and exciting as a face-to-face hearing? Do we still respect the proceedings when we participate in them wearing our slippers?
These are the questions posed by Prof. Dr. Dorris de Vocht, a professor at Tilburg University (Netherlands), who is investigating how digital technologies are changing criminal proceedings – in particular, how human interaction differs between virtual and physical courtrooms and how this affects the perception of fairness.
Last week, she gave her lecture „Digital Court: The Impact of Technology on Courtroom Communication“ in Vilnius at the annual conference of the European Association of Psychology and Law (EAPL), EAPL 2025, which was attended by around 250 participants from 34 countries. The conference was organised by the Applied Psychology Research Laboratory at Mykolas Romeris University (MRU).
According to the professor, the pandemic was a turning point – more and more cases are now being heard remotely. While this saves time and resources, it also raises new questions about fairness and the human experience.
“A physical and a virtual trial are not the same thing. But that's not the point. The question is: Does this have negative consequences for justice? And if so, what are they?“ she asks.
Challenges in virtual courts
She notes that when people participate in hearings via a screen, they often lose the feeling that a serious, authoritative process is taking place. Non-verbal cues disappear, it becomes more difficult to make eye contact, and technical glitches can occur. “Some participants find it more difficult to engage and begin to behave less respectfully – this can affect not only the atmosphere but also the court's decisions,“ she explains.
One of the biggest challenges is procedural justice – that is, whether people feel heard, listened to and adequately involved in the process. Prof. Dr. D. de Vocht emphasises that this is not just about following rules, but about respect, interpersonal relationships and the opportunity to be seen and heard.
“If people don't feel heard in a virtual courtroom, they lose trust in the entire system,“ she explains.
The professor also draws attention to the problem of the digital divide. Not everyone has the same level of equipment or skills, and the technological ‘competence’ of younger people is sometimes overestimated: “Young people may be great at using social media for entertainment, but that doesn't mean they feel comfortable speaking on a screen in a serious trial.“
Prof. Dr. D. de Vocht, together with colleagues from Sweden, Australia and the Netherlands, founded the international research network Virtual Criminal Justice, which investigates how digital solutions in different countries affect the experiences of participants in criminal proceedings. The research shows that people who participate via a screen are more likely to feel distanced, less engaged and less confident in the process.
“If we want to maintain trust in the justice system, we need to understand how people feel when they participate in a virtual court proceeding. This is not an add-on, but an essential part of the process,“ says the professor.
Although digital possibilities open up new avenues – for example, witness examinations using holograms have already been tested in the United States – Prof. Dr. D. de Vocht warns against getting lost in technological advances:
“Justice is not just about transferring data. It's about human relationships, respect and understanding. We should keep that in mind when designing digital justice systems,“ concludes the professor.