The Influence of Extra-legal Factors and Nonverbal Communication in Virtual Trials
摘要
Since the onset of the pandemic, in 2020, the use of video-conferencing technologies such as Zoom, Webex, and Teams has grown in popularity, and courts around the world have continued to use virtual trials despite the easing of public health measures. Using data from an online survey carried out to learn more about the knowledge and professional practices of judges in Quebec, Canada, this article aims to better understand judges’ perceptions of virtual trials and opinion about the future of virtual trials, and more specifically, the prevalence of extra-legal factors in virtual trials, namely those related to nonverbal communication. Following a qualitative thematic analysis of answers to open-ended questions, the results of our study show that the judges who answered the online survey almost unanimously agree with the usefulness of video-conferencing technologies. The results also show the ubiquity of nonverbal communication in courtrooms, and how it can influence the course of virtual trials in different ways. This article ends with a discussion on the implications of the results for court proceedings, and for future research about in-person and virtual trials.