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Courts and Criminal Justice in America CHAPTER Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Technology, Alternatives, and the Future 16
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Introduction Courts are increasingly “wired” as computer technologies become commonplace The substance of the courts is also undergoing rapid change Crowding has forced court administrators to seek alternatives to the trial process
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Technology in the Courts LEVEL-ONE TECHNOLOGIES Evidence camera Laptop computer with retrieval and presentation software Monitors outside the jury box Digital projector and projection screen
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Technology in the Courts Annotation equipment Color video printer Audio system Telephone interpreting system System controls Legacy equipment
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Technology in the Courts LEVEL-TWO TECHNOLOGIES Small monitors built into the jury box Electronic whiteboard Integrated lectern Videoconferencing equipment Real-time reporting Digital audio reporting Internet connections
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Technology in the Courts LEVEL-THREE TECHNOLOGIES IPIX displays Virtual reality displays Holograms Large-scale video
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Technology in the Courts Uses for Technology Electronic Filing Process of transmitting court information through an electronic medium Eliminates needless paperwork
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Technology in the Courts Database Integration Integrated databases help to solve information sharing and communication problems between public agencies e.g. Washington State’s Justice Information Network
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Technology in the Courts Electronic Discovery “…any process in which electronic data is sought, located, secured and searched with the intent of using it as evidence…” Online Depositions Depositions can be difficult to schedule at a time when all parties are readily available Online depositions provide an alternative A result is considerable cost savings, such as through reduced travel time
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Technology in the Courts High Tech Evidence Presentation Technology is especially useful for presenting evidence to juries in complex cases Court Web Logs “Blogs” that contain pertinent information such as hearing dates and decisions
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Alternatives to Traditional Adjudication Crowded court dockets and the divisive nature of the criminal law have led to alternative methods of adjudication Alternative Dispute Resolution Refers to any means of settling disputes outside of the courtroom It has gained popularity due to growing court caseloads, expensive litigation, and time delays faced by litigants
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Alternatives to Traditional Adjudication Arbitration A simplified version of a trial that is brief in duration and the opinions are not made available to the public Presided over by an arbitrator, a private, neutral person
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Alternatives to Traditional Adjudication Mediation Trained to help disputing parties come together to reach an agreement The mediator has no power to impose a decision on the parties
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Alternatives to Traditional Adjudication Early Neutral Evaluation Uses a neutral third part to provide an objective evaluation on the strengths and weaknesses of a case Intended to serve as a “reality check” for parties
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Alternatives to Traditional Adjudication Conciliation A conciliator plays a direct role in the actual resolution of a dispute and makes proposals for settlement Restorative Justice At the core of restorative justice are two concepts: harm and repair
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Alternatives to Traditional Adjudication Victim-Offender Mediation Consists of a meeting between victim and offender, facilitated by a trained mediator Four steps to the process: case referral and intake, preparation for mediation, mediation and follow-up
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Alternatives to Traditional Adjudication Conferencing Occurs when the victim and the offender have an extended conversation about the crime and its consequences
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Alternatives to Traditional Adjudication Sentencing Circles Provide an opportunity for the victim and offender to interact Move beyond mediation and conferencing by involving the community in the decision
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Alternatives to Traditional Adjudication Other Examples The NIJ has identified several, including: Victim Impact Statements Restitution Community Service Community Reparative Boards
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall The Courtroom of the Future Redefining Courts The Vanishing Trial Trials are becoming less common due to resource restraints Changing Role Distinctions Prosecutors are more engaged in problem-solving, judges assume non- traditional roles, and defense attorneys are less adversarial
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall The Courtroom of the Future Wither the Juvenile Justice System? Reforms are making the juvenile justice system look more like the adult system The abolishment of the juvenile court is unlikely
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall The Courtroom of the Future Customer Service Web-based assistance is an important development in this area Public access to the courts will remain important as technology continues to advance
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Emerging Crimes and Pressing Issues Human Trafficking Impact on the Courts Challenges include identification of cases, investigative challenges, low penalties for traffickers and lack of trafficking laws
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Emerging Crimes and Pressing Issues Elder Abuse and Neglect Refers to any knowing, intentional, or negligent act by a person that causes harm or a serious risk of harm Can be physical abuse, emotional abuse, sexual abuse, neglect or abandonment Impact on the Courts The problem of elder abuse continues to come to the attention of the courts
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Emerging Crimes and Pressing Issues Identity Theft The unlawful use of another’s personal identifying information Computers have made it easier for criminals to obtain the information Impact on the Courts The rise in identity theft, coupled with legislative changes aimed at curbing the problem, will present real challenges for the courts
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Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Emerging Crimes and Pressing Issues Immigration Immigration, legal and illegal, continues to grow There is a concern, particularly aimed at illegal immigrants, that crime could be a problem
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