Achieving effective remote participation using videoconferencing technology

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1 Achieving effective remote participation using videoconferencing technology Anne Wallace, Associate Dean (Education), Faculty of Law, University of Canberra, Australia All sketches and photography Emma Rowden

2 Increasing use Warkurna Perth Laverton

3 The connected justice system.... WITNESS SUPPORT FACILITIES COURT FORENSIC LAB PROSECUTION LAWYERS/ LEGAL AID COURT TELECENTRES UNIVERSITIES HOSPITALS KINKOS PAROLE BOARD PRISON INTERPRETER PRISON / REMAND CENTRE DEPARTMENT OF HEALTH SERVICES PSYCHIATRISTS

4 How do we decide when to use it? Discretions fairness, convenience, interests of justice ability to impose conditions

5 Questions: How successful is it? What effect does it have? From whose viewpoint participant? Judge? Lawyers? Jury How can it be improved?

6 Gateways to Justice: improving mediated communications between justice participants Emma Rowden University of Melbourne, Faculty of Architecture, Building and Planning Anne Wallace University of Sydney, School of Law PhD Candidates (Australian Postgraduate Award - Industry) Lead Investigator: Professor David Tait, University of Western Sydney

7 Methodology Literature Review Previous studies Surveys Interviews Experiment Site Visits

8 This session? The nature of remote participation? What effect does it have? Who is the remote participant? Improving remote participation technology facilities support work practices legal protocols/procedures Planning for the future

9 Nature of Remote Participation: how is the remote participant present? Immersion? Transportation? SOCIAL PRESENCE: the degree to which a medium is perceived as conveying the presence of the communicating participants. It encompasses the words conveyed, the context in which the communication takes place (including any nonverbal and verbal cues) and the extent to which a sense of community is created during the interaction, so that participants can effectively collaborate or work together. - Short, Williams and Christie (1976); Rice (1993); Gunawardena, (1995)

10 MEDIA RICHNESS the extent to which media are able to bridge different frames of reference, make issues less ambiguous, or provide opportunities for learning in a given time interval, based on the medium's capacity for immediate feedback, the number of cues and senses involved, personalization, and language variety. - (Rice, 1993)

11 ISSUES FOR REMOTE PARTICIPATION Poor audiovisual quality Restricted views Lack of behavioural cues Inability to use demonstrative tools Unsupportive environments

12 AUDIOVISUAL QUALITY Low resolution screens Poor sound reinforcement Compromised speech intelligibility Sound and vision not co-located Emma Rowden

13 VIEWS Inability to achieve eye contact Missed body language Capacity to vary (in practice) Capacity to provide multiple in remote room Emma Rowden Emma Rowden in courtroom

14 DEMONSTRATIVE TOOLS Availability Training Technical support Capacity

15 UNSUPPORTIVE ENVIRONMENTS Discomfort Incongruence Lack of information

16 DIMINISHED BEHAVIOURAL CUES Inappropriate behaviour Lack of understanding Emma Rowden

17 PERCEPTION OF REMOTE PARTICIPANT Believable/unbelievable? More/less impact? Distant?

18 EFFECT ON COMMUNICATION Confrontation Emma Rowden

19 EFFECT ON COMMUNICATION Education Emma Rowden

20 VIDEOCONFERENCING IS NOT A PIPELINE The party, witness, lawyer or judge whose presence in a court proceeding is mediated by technology is present in the courtroom in a new form - a picture on a screen - one which may have differing implications for the way in which their evidence is interpreted and understood. Feigenson and Spiesel (2009).

21 ONE SIZE DOESN T FIT ALL Creating an effective social presence requires consideration of difference: - Categories of remote participants - The nature of their involvement/contribution - The type of proceeding

22 IMPROVING VIDEOCONFERENCING IN COURTS 4 ELEMENTS Technology Legal rules People & Process Environment

23 1. TECHNOLOGY Visual AND Audio Quality AND Configuration

24 ENVIRONMENT The remote space features and functionality In the courtroom Think about Lighting Background How technology integrates?

25 PEOPLE AND PROCESSES Support for remote participation Introductions & orientation Training

26 LEGAL RULES Should remain discretionary, But - encourage attention to these factors.

27 Planning for the future? Remote participation is here to stay Be aware of its effects make informed decisions Take a holistic approach to achieve the best results technology, environment, people, processes & rules

28 Feedback, comments questions?

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