Courts and Technology An Assessment of Implementation and Impact James Byrne, Professor Lecture: Nov. 9, 2010

Hard and Soft Technology in Court Examples of Hard Technology: Examples of Hard Technology: Computers, Cameras, Video in the courtroom to improve presentation Computers, Cameras, Video in the courtroom to improve presentation Courtroom 21 and 23 Project and the virtual courtroom Courtroom 21 and 23 Project and the virtual courtroom Drug Testing in the Federal Pretrial System Drug Testing in the Federal Pretrial System Electronic monitoring of pretrial releasees Electronic monitoring of pretrial releasees Examples of Soft Technology: Radio frequency identification technology used by the courts in DeKalb County JNET in Pennsylvania: seamless information sharing Multnomah County Oregon’s Sentencing Support Tools CourTools : New MIS capabilities for courts Data Warehouses to store/protect records

Court Technology: Issues to Consider How are these technological innovations applied to key decision points in the court process: How are these technological innovations applied to key decision points in the court process: (1) Pretrial Decisions: release, bail, detention (1) Pretrial Decisions: release, bail, detention (2) Trial: presentation of evidence, use of simulations (2) Trial: presentation of evidence, use of simulations (3) Jury decision-making: access to technology during deliberations (3) Jury decision-making: access to technology during deliberations

Issues To Consider: Disparity Will availability and utilization of court technology vary by race, class, or location? Will availability and utilization of court technology vary by race, class, or location? Will technology increase disparity in court decisions? Will technology increase disparity in court decisions?

Issues to Consider: Cost What is the cost of new technology? What is the cost of new technology? Will technology be implemented as designed? Will technology be implemented as designed? Will the private sector’s role in court process be expanded? Will the private sector’s role in court process be expanded? Is privacy an issue as data access improves? Is privacy an issue as data access improves?

Issues to Consider: Performance Will hard and soft technology can be used to improve the (1) Transparency,(2) Efficiency and(3) Effectiveness of our court system? Will hard and soft technology can be used to improve the (1) Transparency,(2) Efficiency and(3) Effectiveness of our court system? It is too soon to tell. It is too soon to tell.

The Tavares Case: How Technology could have prevented homicide Released from prison after serving 16 years for murder. Released from prison after serving 16 years for murder. Involuntary civil commitment not considered by corrections authorities prior to release. Involuntary civil commitment not considered by corrections authorities prior to release. New charges for an assault while in prison filed upon release New charges for an assault while in prison filed upon release Assault occurred 18 months prior to release Assault occurred 18 months prior to release Court released him without electronic monitoring; he fled to Washington. Court released him without electronic monitoring; he fled to Washington. Warrant for his arrest and return to Massachusetts delayed for cost reasons. Warrant for his arrest and return to Massachusetts delayed for cost reasons. Tavares killed a couple in a dispute over $50. Tavares killed a couple in a dispute over $50.