Slashdot Mirror


Order in the e-Court!

theodp writes "Every word spoken in the e-Courtroom where Branden Basham is on trial for his life appears immediately before the judge on a computer screen. There's a flat-screen monitor between every two seats in the jury box, a witness-box monitor with touch-screen features, and large-screen monitors for public viewing. Lawyers say e-Courtrooms help reduce trial time by making evidence display and tracking documents more efficient. 'It made the Chadrick Fulks' case three to five days shorter,' said an Assistant U.S. Attorney, referring to Basham's co-defendant, who plead guilty and was sentenced to death."

37 of 286 comments (clear)

  1. This is a brilliant idea by michaeltoe · · Score: 5, Funny

    In fact, while we're at it, let's just put the whole thing up on a Fox News Poll... no better justice than majority!

    1. Re:This is a brilliant idea by Ayaress · · Score: 3, Interesting

      It doesn't sound very brillian to me. We already have a court reporter typing every word said in the trial into a computer shorthand. It's really the next logical step to wire that computer into monitors everybody can see.

      I was on a jury (case of four teenagers breaking ~1000 mailboxes in four counties along the Dixe/Dort Highway. Biggest waste of three days in my life) a few years ago, and you'd be suprised how many times the proceedings had to be inturrupted because a lawyer, the judge, or the jury couldn't hear what was being said clearly. Every time, the court reporter had to stand up and read the last few things that were said. This would sometimes happen two to three times an hour.

    2. Re:This is a brilliant idea by Dachannien · · Score: 4, Insightful

      You make it sound like the technology described in the article is a bad thing. But the right to a speedy trial is guaranteed by the Constitution, and giving juries a greater level of effectiveness in their ability to review evidence can only be an improvement.

    3. Re:This is a brilliant idea by Anonymous Coward · · Score: 4, Informative

      Speedy trial is more about not creating unnecessary delays (ie keeping you in jail for years before you get a trial) rather than rushing through the actual trial itself. We could program a computer to examine the facts, throw in a bit of randomness and end up with a really quick trial, too.

    4. Re:This is a brilliant idea by Pig+Hogger · · Score: 5, Insightful
      I was on a jury
      Biggest waste of three days in my life) a few years ago,
      If you think that administering Justice is a waste of time, perhaps you do not deserve Justice.
    5. Re:This is a brilliant idea by Dachannien · · Score: 4, Interesting

      But this technology is intended to increase the accuracy of the information presented to the jury, and will not only help make trials shorter, but will help make them fairer as well. There's no "random element" purported to be added here. And the faster each trial goes, the shorter the wait will be before a person gets their day in court, as well.

    6. Re:This is a brilliant idea by kaiidth · · Score: 3, Insightful

      That's not actually an entirely new idea in the UK. A mate of mine had a car accident last spring, to which the police was called as they were on private land. At the time of course the police reacted with sublime disinterest (so what else is new, I've seen them react with utter disinterest to armed theft before now), but as they're stressing the 'Better Driving' thing at the moment, he got a letter through the door a couple of weeks later saying, "Either admit your guilt and pay us 200 quid, or we'll take you to court, where the fines could reach 5,000". Obviously no sane being is going to go with the court case option, even if they were in posession of video evidence and ten witnesses... it just isn't worth it.

      I see this sort of practice as cheapening the idea of justice, since it practically commands you to plead guilty and take your (potentially unjustly given) lumps, and to hell with any of that truth bollocks. Plus, it's politically excellent since more people will plead guilty, thus increasing the apparent success of the justice system. And you don't have a right to a free lawyer just because the Crown is threatening to prosecute, which means that if you're a bit strapped for cash you have to decide all on your little own. Sigh.

      The UK desperately needs a bit more backbone, a bit of basic ethics, a bit less obsessiveness on the "ooh! scary nasty criminals are all around!" front, and a change of political direction; this political grandstanding stuff is just not doing it for me, quite frankly. I'm quite aware that criminals exist - I spent the tech recession working in a booze shop so I could hardly fail to have noticed - but I'm also aware that most of the adult criminals I've come across were pretty good pals of the local cops, that the police have no ability whatsoever to control teenage offenders, and that successful prosecution generally only occurs on the most inoffensive of targets. "Innocent men have nothing to fear" could also be stated as "Innocent men have everything to lose, and are therefore that much more frightened". Unfortunately.

  2. Lawyers love this by eander315 · · Score: 4, Interesting

    I wonder what they'll have to start charging to make up for the loss in billable hours?

    1. Re:Lawyers love this by masoncooper · · Score: 5, Interesting

      There's no loss. Entering the evidence into the trial presentation software takes time too. But usually this is carried out by legal assistants. Our firm uses a product called Visionary that allows us to lay out all sorts of evidence and recall it at a moments notice to present on the secondary display. The cool part is that the software is free, they make their money through processing video. When a deposition comes in, you can request a tape from the court reporting service and then send it to them, they will then encode the entire thing and sync the transcript with the video. The result is the ability to highlight a paragraph or even a sentence in the depo and press play, the secondary display then shows the playback of the person actually saying that. Seeing someone say something has a MUCH greater effect on the judge or jury than simply quoting them.

  3. I know.. by captnitro · · Score: 3, Funny

    ..I'm relieved at the fact that we can get people into the chair more quickly. Texas prisons are going to have a line out the door!

    (Seriously, though, the right to a fair and speedy trial should be helped by this. Not a troll.)

  4. I second by Anonymous Coward · · Score: 5, Funny

    that eMotion.

  5. My job by Anonymous Coward · · Score: 4, Interesting


    I work for CVision (the closed circuit IP based system used in the article). Frankly, this type of technology has to be stopped. When we're testing the systems in new installations we're ordered to cut back on the gamma and hike up the contrast for the cameras that focus on the defendant.

    The reason? To make the defendant more menacing.

    Cameras focused at the witness stand are lightened up and softened somewhat to make the witness appear more likeable. It's a total joke, fortunately my contract ends in just shy of 3 months.

    Technology is fine, but this is an outright abuse.

    1. Re:My job by TykeClone · · Score: 4, Interesting
      Who's asking you to do that?

      Is it any worse than having the defendant show up with freshly cut hair, a clean shaved face, and in a suit?

      Does the jury ever actually see the defendant sitting there (live - not on TV)?

      --
      A fine is a tax you pay for doing wrong and a tax is a fine you pay for doing all right.
    2. Re:My job by EmbeddedJanitor · · Score: 4, Informative
      Is it any worse than having the defendant show up with freshly cut hair, a clean shaved face, and in a suit?

      It is more like the defendent showing up in a suit, but then getting roughed up by the cops to look more ugly when he stands there.

      --
      Engineering is the art of compromise.
    3. Re:My job by nm42 · · Score: 5, Informative

      Ok, I call BS. I handle litigation technology for a law firm, and have been in many E-courtrooms. There is no camera made to focus on the defendant.
      Take a look here for a real view of the e-courtroom setups.
      The cameras are voice activated, so only the person speaking will appear on the recording. Additionally, these are widely used in civil matters, so there is no "defendant" per se. And a "nice behind-the-scenes" tidbit. The hardware used to capture all of this? Tivo.

    4. Re:My job by here4fun · · Score: 5, Interesting
      grandparent: When we're testing the systems in new installations we're ordered to cut back on the gamma and hike up the contrast for the cameras that focus on the defendant. The reason? To make the defendant more menacing.

      parent: Is it any worse than having the defendant show up with freshly cut hair, a clean shaved face, and in a suit?

      Should it matter how the defendant looks? If we have a system where looks matter, then we need a new system. If someone is white and in a nice suit, should that excuse the person, where the judge thinks "oh, he made a bad mistake, i feel sorry for him", but if it is a poor black teen the judge thinks "miserable evil uneducated basturd, you deserve to suffer for being so dark".

      It is like there are two legal systems, one for the rich and one for the poor. One who can afford their own private lawyer, and one who gets a public defender. Let me guess, these monitors will mostly be used with poorer people who can't afford their own attorney to assert their rights.

    5. Re:My job by EmbeddedJanitor · · Score: 3, Insightful
      Using the rule of thumb that all technology will be exploited to the max for evil purposes, it could get even worse than this.

      It is likely that the screens will eventually get used to show graphics to support the prosecution's case: "I put it to you that Joe Sixpack took a knife and stabbed Fed six times" becomes an dramatised computer generated video showing a person, recognisably Joe, taking a knife and stabbing Fred - all with nice sound effects etc.

      I suggest that the noble citizens that fill jury benches will be heavily swayed by images like these and will really struggle to tell the difference between something like this and true video evidence.

      --
      Engineering is the art of compromise.
  6. Yeah, but... by fatcatman · · Score: 3, Funny

    Where's the e-judge? A non-bribable A.I. would go a long way toward achieving proper justice in this country... Bonus points if it's capable of throwing the book (literally or figuratively, I don't care which) at both clients and lawyers bringing stupid lawsuits.

    1. Re:Yeah, but... by Anonymous Coward · · Score: 5, Funny

      They tried it once, but it only threw PDFs at people.

    2. Re:Yeah, but... by gorre · · Score: 3, Funny

      So I can look forward to being tried by Microsoft Judge(TM)? That gives a whole new meaning to "Blue Screen of Death".

      --
      "Madness is something rare in individuals - but in groups, parties, peoples, ages it is the rule." -- Nietzsche
  7. death? by Anonymous Coward · · Score: 4, Insightful

    His accomplise pleaded guilty and was sentenced to death, the article says. I always thought that the whole point of a guilty plea was to lower the severity of the maximum sentence.

  8. WHAT???? by Lord+Kano · · Score: 4, Insightful

    referring to Basham's co-defendant, who plead guilty and was sentenced to death

    Seriously, what's wrong with this guy? Why would he plead guilty without some type of consideration?

    If I'm facing the death penalty, I'd at least take my chances with a trial. There's no point in pleading guilty KNOWING that the state is seeking execution.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    1. Re:WHAT???? by That's+Unpossible! · · Score: 3, Insightful

      What if you murdered someone and believe you should face the ultimate penalty for it?

      --
      Ironically, the word ironically is often used incorrectly.
  9. Lawer Needed: Photoshop skills a plus by rackirlen · · Score: 5, Insightful

    I really don't think I want to be judged on the skill of my lawer in photoshop and powerpoint...

    Seriously, powerpoint is one of the things that NASA reports have blamed for the lack of attention to some details... I really think that the old, hash though paper way keeps the legal system more secure from tampering... (as much as it can be anyhow)

    1. Re:Lawer Needed: Photoshop skills a plus by dasmegabyte · · Score: 3, Informative

      Hi. I write government software and used to work for the Department of Criminal Justice Services of NY State. The point of electronic forms is not to take the place of paper, but to make it immensely more accessible. Right now, if you want a fingerprint card from the 1960s to test against a print you found at a crime scene, you can pull up a digital version of it with a ton of advanced search and detection algorithms in minutes. Or, you can request the physical card and receive it in a few daysdays. The system preserves BOTH, because it doesn't want the hassle of worrying about the possibility of digital tampering, the one is frequently checked against the other. Still, most everybody uses the digital records, because you can't perform a keyword search on a thirty page deposition if it's lying in a stack on your desk.

      I will say this, though...the complexity of the digital system, the number of off network systems and password lockouts, etc, means that it's actually MUCH easier to fake a paper document than a digital one. Seriously...there's a bunch of low income college interns walking the stacks of the central file office, doing pulls and purges, and the security is not loose but not tight, either. Anybody can pull up a typewriter, write out a completely new arrest card, stick in a fake photo, and bam! Bye bye arrest record. When I worked there, we had a guy who after working for two weeks was removed because he had an arrest record nobody knew about. He didn't do anything funny in the stacks...but if he'd wanted to, he had two whole weeks to pull it off.

      --
      Hey freaks: now you're ju
  10. A great help for juries by Hobobo · · Score: 3, Insightful

    I don't see anyone would be up in arms about this. Keeping track of evidence and testimonies, paying attention is difficult, to say the least, for individuals with no legal training. A method of keeping track of evidence to help juries make reasoned decisions will lead to more fair trials. Additionally, resolving issues faster is in the interests of everyone involved: the defendant, the plaintiff, and the jury. The only ones who lose are lawyers who charge by the hour!

  11. Three day speed up by EmbeddedJanitor · · Score: 3, Funny

    That was when using a 2GHz CPU. Now if we used a dual 3GHz CPU with a better graphics card, the whole trial could be over in 15 seconds.

    --
    Engineering is the art of compromise.
  12. Great, to a point... by Thunderstruck · · Score: 4, Insightful

    Technology in the courtroom is great up to the point where we are called to function without it, and find we are unable to do so. For example, imagine tryng a murder or rape case without the use of DNA evidence. The defendant may have confessed, and performed the act in front of a nun and two priests... but the jury expects expensive DNA testing, and you cannot get a convition without it.

    Likewise with courtroom technology - When lawyers and jurors are over-used to the presence of touch screens and video equipment, what will they do when called to a courtroom in rural South Dakota that has barely the budget to keep the furnace running?

    Also consider that, where human beings are doing the work, someone is ultimately responsible for a mistake. Court reporters and Notary Publics post bonds and can loos big money if they make a mistake. When is the last time your software vendor assumed liability for a computer crash?

    --
    Trying to use sarcasm in text-based forums does not work.
  13. Judge Sbaitso? by MC+Negro · · Score: 4, Funny

    Where's the e-judge?


    The honorable judge Dr.Sbaitso, now presiding over the courts

    Lawyer 1 : Your honorable Sbaitso, a bloody glove was found in the bushes of Branden Basham's front yard. If you'll just look at exhi..

    Judge Sbaitso : Yes. But why?

    Lawyer 1 : The glove was found within a 50 meter perimeter of the murder. Er, uh, if you'll just look at exhi..

    Judge Sbaitso : I am just a simple computer program without a math-coprocessor.

    Lawyer 1 : Your honor, if you would simply look at exhibit A

    Judge Sbaitso : Yes, but you could be mistaken.

    Judge Sbaitso : Did you know you can change my colors?
    --
    "You and your third dimension."
  14. phoning it in by Doc+Ruby · · Score: 4, Interesting

    "Confronting your accuser" and "facing a jury of your peers" works both ways. Human communication is extremely high bandwidth, a gestalt of not only extremely high resolution sights and sounds, but also smells, odd as that might be to consider. In-person communications don't have the distracting "grids" that communications technologies impose on the experience, or other distracting problems like color curves and transmission glitches. Then there's the selection of subject of the communications: you have to look at the cropped content the recorder sends you, not at the subject's twitching foot, or your neighbor's incredulous face. And rather than face a camera to compose your message, you face another person, who's facing you.

    People are not nearly sophisticated enought to ignore the noise introduced by these technologies, and to notice the edited experiences they ignore. Does "can you hear me now?" mean anything to anyone? We can barely use these technologies in a cooperative conference call, with little more than "where should we meet for lunch?" on the line. It's unconscionable that people's lives are on the line with these technologies in the mix.

    --

    --
    make install -not war

  15. Not that innovative by powerline22 · · Score: 3, Informative

    To be honest, they are using technologies that have been in use in schools and many other places for a long time. It looks like most of what they are doing is letting everyone get a better look at the evidence by aiming a camera at it, and networking the court's stenographer. This kind of stuff isn't really newsworthy to me, as we've been using the same kind of technology at my high school for over four years.

    However, at least they're providing a users manual for the thing. I've seen quite a few teachers waste time with technology that they don't know how to deal with, and IT people who dont feel like taking the time out to ensure that things are setup correctly in the first place.

  16. Theatrics by linuxwrangler · · Score: 5, Interesting

    I've thought for a long time that the entire case should be recorded and then shown to a jury. Both sides can present their best cases and nobody can get away with theatrics.

    Atty 1: "So has your buggering of small animals caused harm to your eyesight making you an unfit witness?"

    Atty 2: "Objection"

    Judge: "Sustained - the jury is instructed to disregard."

    Atty 1: "No further questions"

    Any question/response ruled inadmissable would be deleted - no chance of influencing the jury either intentionally or by accident.

    If the jury pool is tainted or unable to reach a verdict, just seat a new jury and replay the recordings.

    If evidence or judge's instructions are ruled incorrect or inadmissable by a higher court just edit the recording and show it to a new jury. This also eliminates the problem of a witness who dies before a retrial.

    --

    ~~~~~~~
    "You are not remembered for doing what is expected of you." - Atul Chitnis
  17. Sci-Fi != Reality by Capitalist1 · · Score: 3, Interesting

    You've watched wayy too much Star Trek. The Death Penalty is neither 'primitive' nor 'barbaric'. It is, in fact, the honest response to the fact that sometimes people can do things for which there is no recompense and after which that person can never again be trusted to act as a human being. The Death Penalty isn't primarily a 'deterrent', it isn't a 'punishment', it's the best means of insuring that a person who has utterly broken from civilization and proven so through his actions can never again harm an innocent person.

    What can you say of a society that pretends there is 'some good in all of us', or that evil people deserve 'mercy'? Or worse yet, that there is no such thing as 'good' or 'evil'? Is that 'advanced'? Is that 'enlightened'?

    The idea that only a 'primitive' society could still have the Death Penalty is bizarre, bordering on the contemptibly stupid.

    In other words, I'm sure it's all the rage on college campuses.

    --
    One man's religion is another man's belly-laugh. - LL
  18. RTFA by wan-fu · · Score: 3, Informative

    A lot of people seem to have gotten their panties in a bunch about the right to face your accusser, etc. Please RTFAs. This isn't some system where the jury is in one room, the judge is some other location, the attornies in their office, etc. This is an electronic system that is put in place inside the courtroom to make proceedings faster. The fundamental system is unchanged.

  19. A Step Away From Lawyer Theatrics? by serutan · · Score: 4, Interesting

    I've long believed that an important step toward greater justice and less waste of time would be to forbid attorneys from appearing before the jury. Questions to witnesses should be submitted in a way that the jury neither sees nor hears the attorney. It's important for the jury to know the questions and to see and hear how the witness reacts and responds, and how the accused reacts. But there's no need to let the lawyer do their song and dance, putting spin on questions and role-playing how they want the jury to react to the answers.

    Really good lawyers know how to size up jurors, decide which of them to "work on" and play to them individually, knowing that a purely psychological reaction by one person can deadlock the result. Technology like this being installed in courtrooms would make it physically possible to move the lawyer offstage. But I doubt very much that the Johnny Cochrans of the world will let go of their bread and butter merely for the sake of justice.

  20. Re:Death penalty must go + suicide is murder as we by Jardine · · Score: 3, Insightful

    *Sigh* When will the death penalty ever be abandoned in the few remaining countries that still have it?

    Who said I was for the death penalty? The last execution in my country was in 1962. It was removed from civilian law in 1976 and from military law in 1998. I think it's a pointless form of punishment, does nothing to deter crimes, and has resulted in too many innocent people being executed.

    And IMHO, there's nothing honourable in throwing away something that you don't own; that's why suicide is a crime in many countries.

    You don't own your own life? Why should others be allowed to decide when my life ends? I didn't really explain my point very well. If you know you killed someone else and have a choice between killing yourself and going through trial, killing yourself saves the family of the victim the grief of going through trial, saves the state from spending resources on the trial, and saves the executioner from having to live with himself. The goal is to lessen the amount of suffering for everyone involved.

    Just my take on it.

  21. Faster != Better by holt_rpi · · Score: 4, Interesting

    We had a trial practice class when I was in law school, and this guy came in with some snazzy graphics he'd done for a DA's office somewhere... the problem with some of the use of courtroom technology is that juries are likely to believe "oh, this is how it happened" instead of "oh, this is how it could have happened" because they can see it played out for them on the screen.

    I am part of what I hope is a growing number of people who think that "Powerpoint and Technology In the Courtroom" is actually a great leap backwards, and not a step forwards.

    When prosecutors can out-spend a defendant and get super computer graphics to snow the jury into snuffing reasonable doubt, where's the justice in that?