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Digital Vulnerability in Criminal Justice

Vulnerable People and Communication Technologies

  • Open Access
  • 2026
  • Open Access
  • Book
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About this book

This open access book examines the impact of digitalisation processes on fair, accessible and inclusive criminal justice for vulnerable individuals. Based on original empirical data from an Australian Research Council funded national study, the book evaluates digitalised criminal justice, specifically, the increasing use of remote hearings and virtual courts, and the interrelationship with vulnerability. It asks: in what ways do remote communication technologies, such as videolinks, videoconferencing, and pre-recorded evidence, assist or disadvantage vulnerable witnesses, complainants, victims and defendants in the criminal justice system? By interviewing and surveying 175 Australian judicial officers, prosecutors, defence lawyers and affiliated professionals, the book examines the impact of digitalised criminal justice on all vulnerable individuals. Themes include the benefits and challenges to human connection, communication, comprehension and confidentiality, as well as court authority, cross-examination, and emotional expression. While there are certain universal and non-contentious experiences of videolinks, the key practical findings are sharply delineated between vulnerable witnesses versus vulnerable defendants. Theoretically, the book merges digital criminology with vulnerability theories to contribute understandings of ‘digital vulnerability’, that is, the interplay between digital technologies and vulnerable individuals in criminal justice. Digital Vulnerability in Criminal Justice provides critical and contemporary insights, and forward-looking recommendations for ensuring fair digitalised criminal justice into the future.

Table of Contents

  1. Chapter 1. Introducing Digital Criminal Justice

    • Open Access
    Carolyn McKay
    Abstract
    This chapter provides an overview of the Australian Government-funded study, The Digital Criminal Justice Project: Vulnerability and the Digital Subject. It situates the study in the context of the increasing use of remote communication technologies by vulnerable witnesses and defendants in criminal justice. The chapter surveys extant literature and argues for the global need to take stock of how these technologies impact legal practice, court procedure and vulnerable individuals.
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  2. Understanding Digital Vulnerability (Conceptually and Methodologically)

    1. Frontmatter

    2. Chapter 2. Digital Criminology, Vulnerability Theories and Digital Vulnerability

      • Open Access
      Carolyn McKay
      Abstract
      This chapter merges theories of digital criminology and vulnerability to contribute to conceptualisations of digital vulnerability. It explains digital criminology as a critical criminological theory that builds on sociological literature to examine the reciprocal relationships between law, justice, society and technology. The chapter then surveys vulnerability theories to show how understandings of vulnerability are varied and contested. A merger of digital criminology with vulnerability theories gives rise to digital vulnerability as a framework for asking: what new social solutions or harms arise when vulnerable people, who seek access to justice, are remote from court?
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    3. Chapter 3. Researching Digitalised Criminal Justice with Empirical Methods

      • Open Access
      Carolyn McKay
      Abstract
      This chapter outlines the study’s research methodology, presenting its qualitative and mixed-methods design. It details the nucleus of the data collection involving 175 interviews and survey responses from Australian judicial officers, lawyers and affiliated criminal justice professionals, along with content analysis of legislation and caselaw, and courtroom observations.
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  3. Empirical Insights into Digital Vulnerability

    1. Frontmatter

    2. Chapter 4. What Is Vulnerability in Criminal Justice?

      • Open Access
      Carolyn McKay
      Abstract
      This chapter explores legally-derived understandings of vulnerability with a focus on legislation and caselaw. It examines statutory definitions and provisions that enable vulnerable persons in criminal justice to access special measures including remote communication technologies, while the caselaw analysis demonstrates how courts respond to and operationalise vulnerability.
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    3. Chapter 5. Remote Vulnerable Witnesses, Complainants and Victims

      • Open Access
      Carolyn McKay
      Abstract
      This chapter draws on the interview and survey data to highlight the advantages and challenges of using pre-recorded evidence, CCTV and videoconferencing for vulnerable witnesses. Overall, the dataset shows real benefits for vulnerable witnesses in being remote from the intimidatory and re-traumatising courtroom. In this context, digital communication technologies can be seen as techniques of mitigation, supporting resilience, ameliorating vulnerability and enabling best evidence. However, the empirical data also reveal complexities that challenge the wholesale use of remote communication technologies.
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    4. Chapter 6. Remote Vulnerable Defendants

      • Open Access
      Carolyn McKay
      Abstract
      This chapter draws on the interview and survey data to highlight the advantages and challenges for vulnerable defendants using videoconferencing for remote legal conferences and court appearances. The thematic analysis of the qualitative dataset reveals benefits in terms of convenience and efficiencies for vulnerable defendants, defence lawyers and courts. However, significant challenges arise in the interplay of vulnerable defendants and communication technologies including compromised lawyer-client conferencing and confidentiality, as well as disadvantages in connection, communication, participation, engagement and comprehension. In this context, digital communication technologies can be conceptualised as techniques of intensification, diminishing resilience and compounding vulnerabilities.
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    5. Chapter 7. Future Visions of Digitalised Criminal Justice

      • Open Access
      Carolyn McKay
      Abstract
      Drawn from the thematic analysis of the empirical data, this chapter provides an overview of future directions and recommendations regarding remote vulnerable individuals. The dataset captures the participants’ final thoughts, strategies and visions for the future of digitalised criminal justice.
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    6. Chapter 8. Conclusion

      • Open Access
      Carolyn McKay
      Abstract
      This final chapter synthesises the many themes, issues and complexities raised by the data and analysis to provide applied and theoretical findings regarding the impact of remote communication technologies on vulnerable individuals. The key findings draw a sharp distinction between vulnerable witnesses and vulnerable defendants.
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Title
Digital Vulnerability in Criminal Justice
Author
Carolyn McKay
Copyright Year
2026
Electronic ISBN
978-3-032-10028-3
Print ISBN
978-3-032-10027-6
DOI
https://doi.org/10.1007/978-3-032-10028-3

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