Abstract
The judiciary, as one of the main driving powers in any country, has got some addressees who expect it meet their needs. These addressees, either those who directly and actually play roles in a case or those who are influenced by judicial decisions, expect the best performance in the shortest time using modern methods and sciences specifically in terms of testimony, which is unfortunately considered necessarily in-court due to the strict traditional view and attitude of the judges and courts. This has caused that the virtual space and the modern electronic technology have no position in the process of hearing the witnesses’ testimonies in the courts. Inspired by the modern laws of the United States of America that is pioneer in applying the witnesses’ testimony in virtual space and remotely, the present paper seeks to investigate its advantages and disadvantages and persuade the legislators and court judges to do their best in optimally using and exploiting these sciences in their modern fair judgment procedure based on technology progress in the contemporary era.
Highlights
The judiciary, as one of the main driving powers in any country, has got some addressees who expect it meet their needs
Traditional judgment procedure needs no equipments and instruments there is no specific complicatedness in the process executing the judgment procedure and, there is no complicated equipment for hearing the witnesses’ testimony; in electronic judgment procedure, due to existence of some equipments and facilities, there are some methods for using and keeping these equipments
It is necessary to design the physical structure of the court in such a way that the electronic equipments can be installed, and the court should be in such form that the best use can be made of the electronic equipments, especially in terms of the area or smallness of the courtroom, so that there should be some monitors in order to cover the audience in the judgment session for confronting the witnesses, if necessary
Summary
Traditional judgment procedure needs no equipments and instruments there is no specific complicatedness in the process executing the judgment procedure and, there is no complicated equipment for hearing the witnesses’ testimony; in electronic judgment procedure, due to existence of some equipments and facilities, there are some methods for using and keeping these equipments. The last, step it must be noted that the electronic systems should be checked and controlled and the equipments and facilities should be upgraded by new versions; in this regard, the experts’ continuous supervision is necessary since maintenance and updating of these equipments is a completely technical issue so that everybody cannot do it (Lederer, op cit, 1830-1831) Since in this type of judgment procedure, in addition to the human individuals, the electronic facilities and equipments are considered, all the above mentioned steps and preparation of the requirements should be brought into consideration with more scrutiny in order to achieve optimal use of these up-to-date equipments
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