Digital Access to Justice from Prison: Is There a Right to Technology?

McKay, Carolyn. "Digital Access to Justice from Prison: Is There a Right to Technology?”, 2018, 42:5, Crim LJ, 303.

Sydney Law School Research Paper No. 19/29

21 Pages Posted: 9 May 2019 Last revised: 25 Jun 2019

See all articles by Carolyn McKay

Carolyn McKay

The University of Sydney Law School

Date Written: 2018

Abstract

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 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.

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This article was first published by Thomson Reuters in the "Criminal Law Journal" and should be cited as McKay, Carolyn, "Digital Access to Justice from Prison: Is There a Right to Technology?", 2018, 42:5, Crim LJ, 303.

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Keywords: prisoners, prison, digital exclusion, digital inequality, technology, access to justice, criminal justice, defence preparation, in-cell, corrective services, computers, internet

JEL Classification: K10, K14, K30

Suggested Citation

McKay, Carolyn, Digital Access to Justice from Prison: Is There a Right to Technology? (2018). McKay, Carolyn. "Digital Access to Justice from Prison: Is There a Right to Technology?”, 2018, 42:5, Crim LJ, 303., Sydney Law School Research Paper No. 19/29, Available at SSRN: https://ssrn.com/abstract=3382080

Carolyn McKay (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

HOME PAGE: http://sydney.edu.au/law/about/people/profiles/carolyn.mckay.php

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