NCJ Number
19800
Date Published
1974
Length
98 pages
Annotation
THIS MUNICIPAL COURT REPORTING STUDY WAS UNDERTAKEN TO DETERMINE IF TAPE RECORDERS CAN BE USED TO SUPPLEMENT THE PRESENT RECORDKEEPING PROCEDURES IN THE MUNICIPAL COURT.
Abstract
THIS PROJECT EVALUATED ELECTRONIC RECORDINGS OF PROCEEDINGS WHICH WERE THEN USED AS A REFERENCE FOR JUDGES AND AS AN AID TO CLERKS IN PREPARING COURT RECORDS. OTHER PROJECT OBJECTIVES WERE TO ASCERTAIN THE VARIOUS USES THAT MIGHT BE SERVED BY THE ELECTRONIC RECORDING OF ALL PROCEEDINGS AND TO DEVELOP RECOMMENDATIONS REGARDING STORAGE, RETRIEVAL, AND SECURITY OF THE RECORDED PROCEEDINGS. TWENTY-FIVE RECORDERS WERE PLACED IN 25 DIFFERENT COURTROOMS ACROSS THE STATE WITH A DIVERSITY OF ACOUSTICAL CONDITIONS. PARTICIPATING COURTS SUBMITTED MONTHLY AND ORAL INTERVIEW REPORTS AND COMPLETED FINAL EVALUATION QUESTIONNAIRES. STUDY FINDINGS INDICATED THAT TAPE RECORDERS CAN BE RELIED UPON TO MAKE COURT RECORDS OR TO SUPPLEMENT EXISTING COURT RECORDS. THE ABSENCE OF A FULL-TIME MONITOR FOR THE TAPE RECORDER WAS THE PRINCIPAL CONCERN NOTED BY 50 PER CENT OF THE JUDGES PARTICIPATING IN THE STUDY. TWO LEGAL PROBLEMS FORESEEN WERE WHETHER THE TAPE RECORDED RECORD OR THE CLERK'S RECORD SHOULD PREVAIL IN THE EVENT OF A DISCREPANCY AND THE TIME LIMIT FOR RETENTION OF THE RECORDED TAPES. TEN RECOMMENDATIONS ARE MADE REGARDING THE USE OF TAPE RECORDERS IN COURTS, INCLUDING TYPE OF PROCEEDINGS, EQUIPMENT SPECIFICATIONS, AND NECESSARY ENABLING LEGISLATION. THE EXTENSIVE APPENDIX CONTAINS, AMONG OTHER THINGS, A SURVEY OF THE USE OF RECORDING DEVICES IN OTHER STATES, AN INVENTORY OF THE PRESENT USE OF SHORTHAND REPORTERS IN THE CALIFORNIA MUNICIPAL COURTS AND A SURVEY OF THE USE OF ELECTRONIC RECORDING EQUIPMENT IN OTHER STATES. (AUTHOR ABSTRACT MODIFIED)