Forum sentencing brings together victims, offenders and other stakeholders in a crime to collectively address the harm caused by an incident. It is a type of of restorative justice, a recent innovation in crimnal justice.
This project documents the emotional and ritual dynamics of forums, identifying the features that result in successful justice processes. It will develop best practice guidelines to train facilitators in running forums.
This project is funded by the New South Wales Department of Attorney General and Justice.
Criminal trials often hinge on the credibility of witnesses, whether they are victims, defendants or experts. Witnesses who testify through an interpreter may face an extra challenge - the credibility of the interpreter. This study will show how changing the social and technological conditions of interpereters affects the way witnesses are perceived by judges and juries. It measures the impact of providing interpreters with wireless technology, improving their status, and changing their position in the courtroom. It provides a model for introducing new technologies to improve access to services for justice users, using experimental simulations in realistic settings.
The experience of being on a jury can contribute to increased confidence in justice processes, institutions and staff. There are two apparently contradictory explanations for this: either jurors get a taste for democracy as they participate in collective decision-making or they develop increased respect for judicial authority. Knowing how these factors work is key to building confidence in justice. Using a case developed with police and prosecutors, this study measures the impact of democratic participation and deference to authority on jurors under experimental conditions in a court environment. The findings will enable courts to improve the jury experience and enhance juror confidence in justice.
• Western Australian Department of the Attorney-General
• Family Court of Australia
• South Australian Courts Administration Authority
• Myriad Consultants
• PTW Architects
• Connleywalker Pty Ltd
• Magistrates Court of Victoria
• Lyons Architects
Justice hearings are increasingly likely to employ video communication facilities to provide access for remote participants. This project brings together a critical mass of researchers from seven disciplines together with courts, prosecutors, police and technology companies to develop best practice guidelines for introducing new video technologies. The project tests the impact of technological change on participants’ sense of presence and the effectiveness of communication; the impact of social and environmental changes; and their combined effects. Real courtroom environments are modified, based on the results of the experiments, and impacts of the changes on users are measured and analysed.
This project is funded by the Australian Research Council as a Linkage project. Lead investigator is Professor David Tait.
This project measures the impact of interactive displays on the trial processes, specifically how computer simulations and 360 degree crime scene reconstructions may better inform juries, but potentially increase prejudice against defendants.
The project brings in the key players as industry partners - police, prosecutors and judges - working alongside academic experts in law, architecture, media studies, psychology and criminology. Blending observation and experimental approaches, the study tracks how jurors in simulated court settings use visual evidence in making decisions, and identifies ways of using interactive technologies most effectively, while minimizing negative impacts.
This project is funded by the Australian Research Council as a Linkage project. Lead investigator is Professor David Tait.
• The Australian Federal Police
• The ACT Department of Public Prosecutions
• Integrated Media
• Hanson & Associates
• PTW Architects
• Lyons Architects
• Australian Institute of Judicial Administration
In determining treatment options for people with mental illness, Mental Health Tribunals balance the person's right to treatment with other rights such as their right to safety, justice and freedom from coercion. Professor Terry Carney, School of Law, University of Sydney, led this study which looked at how Mental Health Tribunals manage this complex juggling act. The study used field observations, interviews and file reviews to assess the actual perceived fairness of hearings, and the therapeutic outcomes for patients. It mapped the diversity of approaches between tribunals in NSW, Victoria and the ACT, with a view to identifying best practice in the way resources are used, hearings organised and information managed. It has made a significant contribution to our understanding of how mental health tribunals work to ensure 'fairness' for people with a mental illness and will inform legislative reform and tribunal practices.
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