Spring 2020. The trials, like almost all the other spheres of life, switch into virtual by necessity. “We had to continue despite the pandemic. But now, what do we do? You have to have a better overview, ”believes Vincent Denault, professor at the Criminology School at the University of Montreal.
The researcher therefore looked at the experience of virtual trials of Quebec decision -makers during the pandemic to explore the challenges encountered. In the fall of the same year, he sent them an online survey to better understand the influence of extralegal factors during the remote trials.
The survey, to which 56 Quebec decision -makers responded, brought to various themes (credibility and preparation of witnesses, consequences of the pandemic on trials), but the results published in the journal International Criminology relate more particularly to non-verbal in the context of virtual trials.
Still there, but different
Vincent Denault
Credit: Amélie Philibert, University of Montreal
For several years, Vincent Denault has been interested in the influence of prejudices and stereotypes on the perception of non-verbal in trials, everything that happens beyond words, from the atmosphere of the court to the punctuality of witnesses, including the expected attitude of them. “The diversion of the gaze is not a reliable sign of lie, but this kind of belief can distort the outcome of a trial,” he said.
Contrary to what one might think, by going to the virtual, the non-verbal has not disappeared. “In general, there is no less non-verbal in online trials. It is rather different, ”notes the professor.
For example, in virtual, judge as a witness are not perceived in their “whole”. The experience of the parties is also modified outside the courtyard, which gives an atmosphere and a solemnity to the procedures. “When you enter the Court, the environment, the decorum, the passing time, the odors influence experience,” he said. And if certain non-verbal elements become invisible online, others are added: a quality of the image and variable sound, an eclectic background … We could thus be surprised by a testimony delivered from a car, “but for some, it is the callest place to do it,” he observes. Conversely, the judge can be influenced by his own environment when he chairs a trial before his personal computer. “All this can play on the perception of the judge,” sums up Vincent Denault.
Expanded access, really?
Online trials existed long before the pandemic, which however helped normalize them on the pretext that they did justice more accessible. “But we have to go further in our reflection. Yes, a judge hear us, but the feeling of listening and the feeling will not necessarily be the same, “says Vincent Denault. The factors to be considered in the decision to keep a virtual or non -virtual trial are multiple. “The debate should not be limited to what is commonly presented as a question of money and accessibility,” he adds. Respondents mention in particular that the complexity of the case and its emergency must be taken into account.
If the majority of decision-makers have found their online experience positive, the researcher-like respondents-highlights the importance of going beyond the anecdote, since this form could disadvantage people less familiar with technology.
By exploring the answers in more detail, Vincent Denault found that the experiences of the participants varied greatly. “The way the non-verbal is perceived is different from one decision maker to another; This is another example that shows that it can play differently when the time comes to assess someone’s credibility, ”he says.
In the presence as at a distance, the non-verbal can therefore influence the course of a trial, for better and for worse. “What I advance is that the non-verbal, regardless of the means of communication, is part of the human experience. We must therefore work to lessen the prejudices and stereotypes which have an impact on the outcome of the trials, “he wishes.