Theoretical Ideas Compared with the Virtual Crown Court Observations The Usual and the Remote Hearing Process
It is possible to suggest that the usual trial stages of Crown Court procedure are well-known, and there is little difference between the ways these and remote hearings are held. To begin with, following the selection and swearing-in of a jury, the prosecutor informs them about the details of the case (Davies, Croall and Tyler, 2015). After that, the prosecution witnesses are called to provide evidence that a defence barrister will cross-examine (Newburn, 2017). Once this part is over, the defendant and defence witnesses can give their evidence (Davies, Croall and Tyler, 2015). Next, the barristers make closing speeches to the jury, the judge sums up the heard information and provided evidence, and the jury retires to consider their verdicts and decide if the defendant is guilty or not.
As for the remote hearing, the overall process is similar, but some parts are modified so that all the participants feel comfortable and know how to act. Usually, they are held over a video or phone conference, and all the necessary participants, including the jury, defendant, witnesses, barristers, solicitors, court usher and court clerk, are present (Sikri, 2020). At the beginning of the remote hearing, the judge is on mute for approximately a minute, and then he or she takes several minutes to explain the specific rules of this online process (AVMI, 2020b). Only after about a quarter of an hour, the prosecutor describes the case to the jury (AVMI, 2020b). Then, the process goes on in a rather similar way.
Disadvantages of Remote Hearings
Unfortunately, though remote hearings are effective, it is evident that they have some disadvantages. First, making sure that everyone is online, understands the rules, sees and hears other participants and follows the process is challenging and takes too much time (Sikri, 2020). Second, throughout the video, there were specific moments when either the judge or some of the jury could not find a document they were discussing or had difficulty with an internet connection (AVMI, 2020b). Undoubtedly, all video conferences usually have some technical problems. Still, hearings themselves are an extremely severe and stressful process that requires total attention and concentration, which can be reduced by, for example, internet connection issues. Moreover, during the online jury deliberations, there were moments when several members started speaking emotionally at the same time, which is a solvable but time-consuming problem (AVMI, 2020a). Of course, such an issue is inevitable during the usual deliberations, but hearing each other is easier in person than through the microphone.
The Participants of the Virtual Crown Court
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It is necessary to describe the members of the jury, as well as the other participants of the remote hearing. The judge is a middle-aged white man who seems to be a professional in this field. Although remote hearings are a new process, this judge holds the hearing masterfully and treats all participants with respect. The prosecutor is also a middle-aged white man, and the defence barrister is a middle-aged white woman. The judge carefully listens to their comments and cross-examinations.
The members of the jury include two relatively young and six middle-aged white women and four middle-aged white men. During the hearing, they do not take an active part in the process but listen carefully. As for the deliberations, all jurors express their opinions and share thoughts and doubts regarding the case (AVMI, 2020a). They certainly paid attention to the judge, witnesses and barristers since several jurors cited them and discussed all details and evidence. Noticeably, out of all members, three women (jurors one, nine and twelve) appear to be the most active and involved in the process (AVMI, 2020a). At the same time, two members almost do not participate in the discussion at all. At the end of the jury deliberations, it was evident that they are tired and nervous since they could not agree on the decision and started discussing some things not related to the case or hearing (AVMI, 2020a). All jurors are respectful of each other and follow the rules of remote hearings.
Possible Biases Influencing the Jury’s Decision
Unfortunately, one problem that may appear with the jury is that they can have certain unreasonable biases that may influence their decisions. First, it is believed that a defendant’s attractiveness makes the jury more lenient while, for example, if the accused has face tattoos, he or she looks more suspicious and guilty. Second, older jurors seem to believe law enforcement, while younger ones tend to rebel and question instruct