COURTS AND COMPUTERS - CONFLICTS IN APPROACHES AND GOALS

• NCJ Number: 18116
• Journal: Judicature Volume: 58 Issue: 5 Dated: (DECEMBER 1974) Pages: 222-227
• Author(s): G STERN
• Date Published: 1974
• Length: 6 pages
• Corporate Author: American Judicature Soc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

COMPUTERS UNDOBTEDLY HAVE THE CAPABILITY TO MAKE THE COURTS MORE EFFICIENT, BUT WHERE MANAGEMENT EFFICIENCY AND DUE PROCESS CONFLICT, THE FORMER MUST GIVE WAY TO THE OVERRIDING DEMANDS OF THE LAW.

Abstract

THE AUTHOR PUTS FORTH THREE MAJOR OBJECTIONS TO THE USE OF COMPUTERS BY THE COURTS. COURTS MUST BE AN IMPARTIAL, ADVERSARIAL FORUM, BUT IF THEY ARE VIEWED AS ONE LINK IN THE CRIMINAL JUSTICE SYSTEM, THE SHARING OF DATA WITH THE POLICE AND CORRECTIONS WILL DETRACT FROM AN APPEARANCE OF IMPARTIALITY. ANOTHER FACTOR IS THE TENDENCY OF INDUSTRY TO USE ARREST RECORDS (WITHOUT DISPOSITIONS) AS EVIDENCE OF GUILT IN HIRING PRACTICES. FURTHERMORE, IF A JUDGE IS TO CONSIDER THE DEFENDANT IN FRONT OF HIM AS A HUMAN BEING, AND NOT JUDGE HIM ON THE COMPOSITE MERITS AND FAULTS OF OTHER OFFENDERS, HE MAY NOT RELY ON COMPUTERIZED BEHAVIOR PREDICTIONS.