The virtual courtroom: a view of justice. Project to prepare witnesses or victims with learning disabilities to give evidence

Abstract

One of the recommendations in the 'Speaking up for justice' report, suggested that the Home Office develop further material to assist vulnerable witnesses to prepare for their attendance at court. The virtual courtroom provides one of the first and most innovative of such solutions.

A confidence-credibility model of expert witness persuasion: Mediating effects and implications for trial consultation.

“…The fact that confidence affects decision making by influencing perceptions of credibility provides an empirical base for witness preparation of testimony delivery skills. Existing witness training models employ various strategies to boost testimony skills including, but not limited to, virtual testifying experiences (Cooke et al, 2002), serial videotaped feedback (e.g., Boccaccini et al, 2005), and application of self-efficacy strategies enhancement strategies (e.g., observation of peers, verbal coaching, live practice in courtroom contexts; Cramer, Neal et al, 2009). Testimony delivery skills contained within the medium confidence condition provide a list for consultants to focus on when working with expert witnesses (Cramer, Neal et al, 2009).…”

“…Methods of enhancing testimony delivery skills and reducing witness anxiety are beginning to make their way into empirical literature over the last decade (e.g., Boccaccini, 2002; Cooke, Laczny, Brown, & Francik, 2002; Cramer, Neal, & Brodsky, 2009). However, there is a dearth of literature on the effectiveness of witness preparation techniques.…”

Prospects for remediating juveniles' adjudicative incompetence.

“…Adult support persons have been used in a number of legal contexts. In some jurisdictions, child witnesses (McAuliff & Kovera, 2002) and developmentally disabled witnesses (Cooke, Laczny, Brown, & Francik, 2002) are allowed to have an adult support person present when they testify. Similarly, as a safeguard to protect suspects' rights, in places such as the United Kingdom, vulnerable suspects (e.g., mentally ill suspects and juvenile suspects) must have what is called an appropriate adult present while they are interrogated by the police.…”

The Observed Witness Efficacy Scale: a measure of effective testimony skills

“…Notably, witness preparation can be distinguished from coaching unethical testimony in that the former practice is geared toward providing fact finders the most clear and persuasive information possible (Brodsky, ). These goals are beginning to be applied to expert, criminal, lay, and child witnesses (Boccaccini, Gordon & Brodsky ; Cooke, Laczny, Brown, & Francik, ; Crawford & Bull, ; Mellor & Dent, ).…”

“…Modest efforts have addressed these needs thus far. For example, Cooke et al (2002) described a methodological advancement in the form of a virtual courtroom used to adequately prepare witnesses with disabilities. Empirical assessment of witness training is building as well.…”