Digital access to justice from prison: Is there a right to technology?
Access status:
Open Access
Type
ArticleAuthor/s
McKay, CarolynAbstract
While free world society has a burgeoning reliance on technological access to legal platforms for both civil and criminal procedure, prisoners have little capacity to engage with computers and are typically banned from online legal sources. At the same time, the technologising of ...
See moreWhile free world society has a burgeoning reliance on technological access to legal platforms for both civil and criminal procedure, prisoners have little capacity to engage with computers and are typically banned from online legal sources. At the same time, the technologising of criminal procedure through the high uptake of audio visual links has seen the rapid decline of physical visits by lawyers to prisoners. Prisoners have limited reciprocal powers to demand technological access to the external world and must rely on largely obsolete forms of communication. In an era where legal resources are increasingly digital, can the continuing asymmetrical restrictions on prisoners' access to technologies be justified? This article analyses recent Australian case law to understand the challenges presented for prisoners in the preparation of their legal proceedings.
See less
See moreWhile free world society has a burgeoning reliance on technological access to legal platforms for both civil and criminal procedure, prisoners have little capacity to engage with computers and are typically banned from online legal sources. At the same time, the technologising of criminal procedure through the high uptake of audio visual links has seen the rapid decline of physical visits by lawyers to prisoners. Prisoners have limited reciprocal powers to demand technological access to the external world and must rely on largely obsolete forms of communication. In an era where legal resources are increasingly digital, can the continuing asymmetrical restrictions on prisoners' access to technologies be justified? This article analyses recent Australian case law to understand the challenges presented for prisoners in the preparation of their legal proceedings.
See less
Date
2018Source title
Criminal Law JournalVolume
42Publisher
321Licence
Copyright All Rights ReservedRights statement
This article was published by Thomson Reuters and should be cited as McKay, C. (2018). Digital Access to Justice from Prison: Is There a Right to Technology? Criminal Law Journal, 42, 303-321. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase. This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039. legal.thomsonreuters.com.auFaculty/School
The University of Sydney Law SchoolShare