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."
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!
I wonder what they'll have to start charging to make up for the loss in billable hours?
that eMotion.
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.
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.
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
They tried it once, but it only threw PDFs at people.
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)
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.
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."
"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.
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make install -not war
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.
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"You are not remembered for doing what is expected of you." - Atul Chitnis
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.
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?