COMPUTER IN THE COURTS - THE USE OF COMPUTER TECHNOLOGY IN THE ADMINISTRATION OF JUSTICE (FROM MAGISTRATES' COURT 1976 - WHAT PROGRESS? CANBERRA, (AUSTRALIA), 26-28 NOVEMBER, 1976, 1978, SEE NCJ-51685)

• NCJ Number: 51691
• Author(s): D J WHALAN
• Date Published: 1978
• Length: 15 pages
• Corporate Author: Australian Institute of Criminology
• Publication Format: Document
• Language: English
• Country: Australia

Annotation

THE USE OF COMPUTER TECHNOLOGY IN COURT ADMINISTRATION IS ADVOCATED, AND AREAS OF PARTICULAR USE ARE DISCUSSED.

Abstract

IT IS NOTED THAT THE DECLINE OF THE COST OF COMPUTER TECHNOLOGY HAS BROUGHT ITS USE WITHIN THE BUDGET ALLOTMENTS OF THE COURT SYSTEM, PARTICULARLY WHEN COMPARED TO THE COST IN MONEY AND INEFFICIENCY IN TRYING TO OPERATE COURTS WITHOUT THE AID OF COMPUTER SYSTEMS. SYSTEMS ALREADY IN OPERATION IN SOME AUSTRALIAN JURISDICTIONS PERFORM THE FOLLOWING FUNCTIONS: THE ADMINISTRATION OF SUMMONS ISSUING, WARNING NOTICES, AND WARRANTS; THE ADDRESSING OF NOTICES TO PARTIES AND THEIR LAWYERS; ACCOUNTING METHODS FOR COLLECTING COURT FEES; THE LISTING OF CASES FOR HEARING BY PARTICULAR COURTS; THE PRINTING OF SIMPLE COURT ORDER OR EXECUTION DOCUMENTS SUCH AS GARNISHMENTS; ORGANIZING PAYMENT OF BONDS, FEES, AND FINES, OR ARRANGING PAYMENT OF ALLOWANCES FOR ASSIGNED COUNSEL OR WITNESSES' EXPENSES; AND SUPERVISING RECORDS FOR MAINTENANCE PAYMENTS OR PROBATIONERS' REPORTS. IT IS SUGGESTED THAT THE COMPUTER COULD ALSO HELP IN THE SCHEDULING AND ASSIGNMENT OF JUDICIAL OFFICERS, DATES, AND COURTROOMS. PROBLEMS OF USING COMPUTER SYSTEMS IN MATTERS ASSOCIATED WITH EVIDENCE ARE ALSO DISCUSSED. IT IS NOTED THAT MOST DATA ARE SUPPLIED TO COMPUTER BY HUMAN AGENCY, AND THUS THE HEARSAY RULE WILL APPLY TO THE COMPUTER UNLESS ALL THE DATA ARE SWORN TO BY THE PARTICULAR PERSON WHO SUPPLIED THE DATA. IT IS INDICATED THAT EVEN WHEN THE GENUINENESS OF THE COMPUTER MATERIAL PRODUCED IS NOT AT ISSUE, PROBLEMS OF PROBING THE SOURCE OR SOURCES OF A PARTICULAR PIECE OF MATERIAL MAY BE SUBSTANTIAL AS NETWORKS OF COMPUTERS ARE BUILT UP FOR USE ON A TIME-SHARING BASIS. THE COMPUTER'S USE IN OBTAINING EVIDENCE IS ALSO DISCUSSED. THE USE OF THE COMPUTER IN THE RETRIEVAL OF LEGAL INFORMATION IS DISCUSSED AS AN IMPORTANT EMERGENCE. FULL-TEXT STORAGE IS INDICATED TO BE PREFERRABLE TO POINT-OF-LAW INDEXING. IT IS ADVISED THAT COMPUTERS SHOULD NOT BE GIVEN THE STATUS OF MAKING CASE DECISIONS ON THE BASIS OF THE DATA OF PREVIOUS JUDICIAL DECISIONS. WHILE BEING HELPFUL IN THIS AREA, IT IS BELIEVED THAT COMPUTERS CANNOT USURP THE IMPORTANT INTERVENTION OF HUMAN INTELLIGENCE, JUDGMENT, AND INTUITION IN JUDICIAL DECISIONMAKING. THE DISCUSSION OF CONFERENCE MEMBERS FOLLOWING THIS PRESENTATION IS REPORTED IN SUMMARY. (RCB)