Abstract
The measures to contain the spread of COVID-19 significantly impacted (criminal) justice sectors worldwide, including the justice system in the Netherlands. The administration of justice could no longer take place in physical court meetings. Many cases could not be processed. Behind the scenes, people worked hard to scale up the technological infrastructure needed and make court buildings COVID-proof. Necessary (emergency) legislation was created in consultation with stakeholders. The Dutch judiciary speeded up the implementation and use of videoconferencing, including the criminal courts. Over time, lawyers and court reporters became critical in the (social) media. They pointed to problems with respect to organisation, technology, communication, and legal principles. The principle of a fair trial, more specifically the principle of equality of arms, risked being violated. Equality of arms means that the public prosecutor and the defence must have equal opportunities to convince the court. These opportunities differ by the means (modality) by which a person is present. Many of us have experienced how different on-screen communication is from in-person contact, affecting what and who can be seen and heard. This is also the case for people who are digitally or physically present in court, either as a professional (e.g. lawyer and prosecutor) or as citizen (e.g. suspect and victim). Other fundamental rights were affected as well. The time slots for videoconferencing, organised by prisons, to allow suspects and their lawyers to participate from prison were problematic. Another challenge was to safeguard the public nature of the judiciary, the public access to the courts. This visual essay describes the response of the Dutch justice system to the pandemic over time and incorporates images that present several practices of seeing, looking, and showing. According to several organisations, actors, and legal professionals working in the justice system worldwide, trial by screen is here to stay.
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