Het digitale strafproces: een procedural justice-perspectief

I’m not a cat! Remote criminal justice and a human-centred approach to the legitimacy of the trial

“…Or at the courtroom with the other trial participants? 27 In the Directive, the lawyer is expected to be by her client to help during questioning. What about during trial?…”

“…30 In addition to this, especially in cases with younger defendants, the lawyers appear to have a pedagogical role in helping their young clients behave in an appropriate way during trial, or to simply understand the process. 31 One defence counsel for example, in a study on the use of video links at juvenile criminal proceedings, explained that normally when seated next to each other: 'I would draw diagrams when I talk to young people about the process (…) if their literacy levels are low, they'll relate to the diagram. You've just got to keep explaining no matter what it is, over and over again, because it's a difficult place.'…”

“…Here we find the well-known procedural justice theory. 33 According to this theory, procedural fairness is not just a matter of checking whether all (legal) procedural rules have been respected but is mainly related to the question whether people perceive they have been treated fairly. There is a vast body of literature indicating a clear link between (perceived) fairness and legitimacy.…”