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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."

23 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 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.

    2. 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.

    3. 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.
    4. 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.

  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 second by Anonymous Coward · · Score: 5, Funny

    that eMotion.

  4. 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. 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.

  6. 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
  7. Re:Yeah, but... by Anonymous Coward · · Score: 5, Funny

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

  8. 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)

  9. 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.
  10. 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."
  11. 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

  12. 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
  13. 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.

  14. 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?