Digital vulnerability: People-in-prison, videoconferencing and the digital criminal justice system

Abstract

Since the COVID-19 pandemic forced prisons into extended lockdowns, people-in-prison have been increasingly reliant on remote access technologies such as videoconferencing to interact with the outside world from their carceral context. During the pandemic, both corrective services and criminal courts found that these communication technologies could adequately facilitate court appearances, legal conferencing, health services and visitations. Now, despite the lessening panic regarding COVID-19, there are suggestions that authorities are keen to continue, if not increase, the usage of videolinks meaning that people-in-prison will experience decreasing human contact. The argument is that COVID-19 “successes” are being used as an excuse to cement remote hearings and visits. This points to a future of absolute confinement uninterrupted by “inconvenient” physical court attendance or human visitors. This article will focus on the “digital vulnerability” of people-in-prison, that is, the intersection between the vulnerabilities of incarcerated people with the use of remote communication technologies such as videoconferencing or videolinks, and the digital inequalities that may be provoked or solved. The article will draw on qualitative research – fieldwork interviews with judicial officers, lawyers and associated criminal justice professionals – that reveal critical perspectives on the impacts of digital transformation on vulnerable people-in-prison. For instance, when asked about the vulnerabilities of people-in-prison, one defence lawyer (DL1) expressed the view that “no one cares about defendants” or their vulnerabilities, nor their abilities to engage with videolinks, comprehend or play any role in their own remote legal matters. We analyse our source materials through a framework of vulnerability theory and the developing concept of digital vulnerability. In this way, we seek to offer new knowledge regarding prison digital transformation, specifically the relationship between digital technologies in correctional environments and the vulnerable incarcerated population.