This report examines some of the issues courts and tribunals encountered during the coronavirus crisis as they made increasing use of video technologies, and reports on the lessons they learned in response to the challenges faced. It raises a number of issues that courts will address in the medium and long-term as digital technologies are incorporated into many aspects of court business.
Edited by David Tait and Jane Goodman-Delahunty
Courts around the world are struggling with how to deal with the Age of Terror whilst protecting human rights, the rule of law and the legitimacy of the courts.
Can juries can be fair in terrorism trials – wherein emotions are high, fear is in the air and the risk of intimidation is present? Can jurors be swayed towards a conviction by high-tech evidence? What’s the effect of scientific expert witnesses both for the defence and prosecution?
This Report provides images and reflections from the 2011 executive research tour.
Highlights of the tour included David Chipperfield’s Barcelona City of Justice & Berlin Neues Museum; Oswald Mathias Ungers’s Berlin Family Court; and the European Court of Justice, Luxembourg.
Report themes include: security; art and symbolism; and equality and transparency.
Security fears shape popular debates and government policies. They are also major issues for the design and management of courts. This report, carried out in partnership with several court systems in Australia and New Zealand, brings together the insights of court administrators and court users about the best way to create safe environments for all justice participants.
The report encourages those engaged in the administration and design of courts and tribunals to carefully analyse – for the specific place – the potential security risks and the potential safety opportunities (both physical and psychological) for each group of users and to evaluate a broad matrix of potential solutions which encompass physical, technological and operational elements.
Court Environments As Legal Forums, Workplaces And Symbols Of Justice.
Court buildings can be analysed from 3 perspectives – judicial and administrative processes and procedures; the court as a workplace; and the symbolism of the building, embodying community values about the rule of law, transparency of justice or reconciliation. This chapter from a book delves deep into these aspects of the court environment.
This article examines legal debates about one important design question – where and how to seat the accused. It tells how courts, spurred on by assertive defence lawyers, fought back to protect the rights of the accused and have provided a more dignified court setting. The abandonment of a glass-framed enclosure, in particular, raised legal issues in the United States. These issues have reappeared in the European and Australia debates.
The second tour, in 2008, included European and international courts in Strasbourg, Luxembourg and The Hague. The tour included an architectural design exercise in the Peace Palace where groups outlined their ideal courtroom configurations for hearings involving alleged war crimes, human rights violations and disputes between nations. A common theme of all the designs was an emphasis on placing justice spaces within a park or other natural setting.
The first tour in 2005 included memorable new French courts, including those by Jean Nouvel, Richard Rogers and Henri Cirani. One highlight was a mock trial in a special terrorism courtroom in Paris, conducted in French, English and Chinese and displaying the different court layouts used by each legal tradition.
The rethink the design of court building design in the 1990s saw more user-oriented approaches. This 1999 report gathers international literature on the psychology of courthouse design, reviews the changing justice symbolism in Australia and provides suggested layouts for courthouse spaces.