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E-Justice: Using Information Communication Technologies in the Court System

Book Description

E-Justice: Using Information Communication Technologies in the Court System presents the most relevant experiences and best practices concerning ICTs in the courtroom. This groundbreaking title draws upon the leading perspectives from around the globe to provide readers with the most comprehensive overview of developments in e-justice.

Table of Contents

  1. Copyright
  2. Preface
    1. ENDNOTE
  3. Acknowledgment
  4. 1. E-Justice and Change in the Administration of Justice
    1. I. The Italian Style of E-Justice in a Comparative Perspective
      1. ABSTRACT
      2. INTRODUCTION
      3. E-GOVERNMENT STRATEGIES IN JUSTICE SYSTEMS
      4. FROM CASE TRACKING THROUGH CASE MANAGEMENT SYSTEMS TO E-JUSTICE
      5. ICT GOVERNANCE IN THE ITALIAN JUDICIAL SYSTEM
      6. PROJECT AND RUNNING APPLICATIONS IN THE ITALIAN JUSTICE SYSTEM: A SYNTHESIS
      7. FUTURE TRENDS IN ITALY
      8. CONCLUDING REMARKS
      9. REFERENCES
      10. ADDITIONAL READING
      11. ENDNOTES
    2. II. E–Justice and Policies for Risk Management
      1. ABSTRACT
      2. INTRODUCTION
      3. FROM CASE MANAGEMENT SYSTEM TO JUDICIAL ELECTRONIC DATA INTERCHANGE: INCREASING COMPLEXITY AND SECURITY CONCERN
        1. CMS: The Main Application of A Closed Information System
        2. Justice Online: Opening the Information System
        3. Makeover Information System in Information Infrastructure
      4. RISK: MANAGEMENT AND STRATEGIES
      5. RISK MANAGEMENT POLICIES IN E-JUSTICE DEVELOPMENT
        1. Standardization Vs. Progressive Alignment
        2. Different Policies for Different Outcomes
          1. Enforcement of Preventive Control: Widespread Projects and Almost No Working Systems
          2. Spontaneous Adaptation: Clearly Defined Projects for Evolving Operational Systems
          3. Inclusion of Main Actors: Solid Incremental Projects for Working Systems
      6. CONCLUDING REMARKS
      7. FUTURE TRENDS
      8. REFERENCES
      9. ADDITIONAL READING
      10. ENDNOTES
    3. III. Judges as IT Users: The Iuriservice Example
      1. ABSTRACT
      2. INTRODUCTION
      3. THE SPANISH JUDICIARY: RECRUITMENT, TRAINING, AND IT COMPETENCES
      4. IURISERVICE AS AN IT PROJECT: FROM PROTOTYPE TO APPLICATION
        1. Previous Work
        2. The SEKT Ethnography
        3. Knowledge Acquisition Process: Modeling Legal Ontologies
        4. The Iuriservice Architecture
      5. THE ROLE OF JUDGES IN DEVELOPING IURISERVICE
      6. INTEGRATION OF IURISERVICE IN THE COURT TECHNOLOGY SYSTEM: IMPACT AND LIMITS
      7. CONCLUDING REMARKS
      8. FUTURE RESEARCH DIRECTIONS
      9. REFERENCES
      10. ADDITIONAL READING
      11. ENDNOTES
    4. IV. The Potential of Computerized Court Case Management to Battle Judicial Corruption
      1. ABSTRACT
      2. BACKGROUND
      3. RANDOM JUDGE ASSIGNMENT AND RECUSAL
      4. TASK EVENT TIMELINES
      5. DOCUMENT VERIFICATION
      6. DELIBERATE DOCUMENT ERRORS
      7. CROSS CHECKING RESULTS WITH CASE PARTICIPANTS
      8. POTENTIAL FUTURE PROCESSES AND TECHNOLOGY TO BATTLE CORRUPTION
        1. Event Non-Entry
        2. Cross Checking and Correlating Court Case Information
        3. Digital Recording of Court Proceedings
      9. CONCLUSION
      10. REFERENCES
      11. ADDITIONAL READINGS
      12. ENDNOTES
    5. V. Justice Beyond the Courts: The Implications of Computerisation for Procedural Justice in Social Security
      1. ABSTRACT
      2. INTRODUCTION
      3. ANALYSING PROCEDURAL JUSTICE
      4. COMPUTERISATION AND PROCEDURAL JUSTICE IN SOCIAL SECURITY
      5. RELATING PROCEDURAL JUSTICE TO OTHER FACTORS
      6. SURVEILLANCE AND DATA PROTECTION
      7. CONCLUSION
      8. FUTURE RESEARCH DIRECTIONS
      9. ACKNOWLEDGMENT
      10. REFERENCES
      11. ADDITIONAL READINGS
      12. ENDNOTES
    6. VI. Online Dispute Resolution
      1. INTRODUCTION
      2. BACKGROUND
      3. CURRENT STATE OF ODR
        1. Types of ODR
        2. Communication Methods
        3. Types of Disputes
        4. Uptake of ODR
        5. Advantages and Disadvantages of ODR
      4. LESSONS FOR GOVERNMENT
        1. Government Rationale for ODR
        2. Assessing Government and Citizen Demand for ODR
        3. Results
      5. FUTURE TRENDS
      6. CONCLUSION
      7. REFERENCES
      8. NOTE
      9. KEY TERMS
        1. Glossary
  5. 2. Experiences of E-Justice in the World
    1. VII. E-Justice in Spain
      1. ABSTRACT
      2. ADMINISTRATION OF JUSTICE IN SPAIN
      3. INSTITUTIONAL PRECEDENTS OF E-JUSTICE IN SPAIN
      4. THE USES OF ICT IN SPAIN'S ADMINISTRATION OF JUSTICE
        1. Treatment of Information
        2. Management of Judicial Files
        3. Relations Among Judicial Operators
        4. Decision Making
      5. CONCLUSION
      6. FUTURE TRENDS
      7. REFERENCES
      8. ADDITIONAL READINGS
      9. ENDNOTES
    2. VIII. Italian Justice System and ICT: Matches and Mismatches Between Technology and Organisation1
      1. ABSTRACT
      2. INTRODUCTION
      3. TIGHT AND LOOSE COUPLINGS: FROM ORGANISATIONAL ANALYSIS TO SYSTEM DEVELOPMENT
      4. TIGHT AND LOOSE COUPLING IN ITALIAN COURTS AND PROSECUTORS' OFFICES
      5. MATCHES AND MISMATCHES OF ICT AND JUDICIAL ORGANISATIONS
        1. Bottom-up Judge's Applications Rooted in Standardised Case Management Systems
        2. The Public Access to CMS Rooted in the Failure of Standardised Judges' Applications
      6. CONCLUSION: ORGANISATIONAL LOOSE COUPLING AND ICT
      7. FUTURE RESEARCH DIRECTIONS
      8. REFERENCES
      9. ADDITIONAL READINGS
      10. ENDNOTES
    3. IX. Electronic Justice in Brazil
      1. ABSTRACT
      2. INTRODUCTION
      3. THE BRAZILIAN JUSTICE SYSTEM: A BRIEF DESCRIPTION
      4. ICT AND THE COURTS
      5. TECHNOLOGY MAKES ITS WAY: THE EFFORTS OF THE COURTS
        1. The Early Efforts: The "Electronic Ballot Box"
        2. The Growing Efforts: Bringing New Technologies to the Courts
      6. SUPPLYING THE LACK OF A LAW-BASED STANDARD: NATIONAL PKI SYSTEM AND ELECTRONIC PROCESS STATUTES
      7. VARIOUS PROJECTS USED BY THE COURTS: THE MOST RECENT PRACTICES
        1. Courtroom Automation
        2. Distrainment Online
        3. Electronic Petition (E-Doc)
      8. TRANSFORMING RESOURCES INTO PRACTICES
      9. FUTURE RESEARCH DIRECTIONS
      10. REFERENCES
      11. ADDITIONAL READING
    4. X. Digital Government and Criminal Justice
      1. ABSTRACT
      2. DIGITAL GOVERNMENT AND CRIMINAL JUSTICE
      3. REFERENCES
    5. XI. The E-Court Roadmap: Innovation and Integration - An Australian Case Study
      1. ABSTRACT
      2. INTRODUCTION AND OVERVIEW
      3. THE PRESSURES OF ICT
      4. INTRODUCING ICT TO THE COURTROOM
        1. Dealing with the New
        2. The Human Element
        3. Australia's Early Experience
        4. What was Learned
        5. Case Study: The ACT Bushfires Coronial Inquests and Inquiry
        6. Benefits and Challenges of the Early ICT
        7. Why Australia's Experience Differed
        8. The Justice System Takes a Snapshot
      5. THE COURTS TAKE BACK THE AGENDA
        1. Rolling Out the Protocols
        2. The Critical Importance of Protocols
      6. PLACING PROCESS BEFORE TECHNOLOGY
        1. Dealing with the Cost of Technology
        2. Case Study: A Comprehensive E-Court
      7. INTEGRATION AS A SOLUTION
        1. The Influence of the Web
        2. Courtroom Portals
        3. Making Integration Effective Through Planning
        4. Protocols as Planning Tools
      8. INNOVATION IN AUSTRALIA TODAY
        1. Steps Towards Further Integration
      9. FUTURE TRENDS IN AUSTRALIA
      10. CONCLUSION
      11. REFERENCES
      12. ADDITIONAL READING
    6. XII. The Belgian Case: Phenix or How to Design E-Justice Through Privacy Requirements and in Full Respect of the Separation of Powers
      1. ABSTRACT
      2. INTRODUCTION
      3. PHENIX: AN ILLUSTRATION OF THE PRINCIPLE "DESIGN BY PRIVACY"7 AND ABOUT THE DIFFICULTY TO RESPECT THE CONSITUTIONAL PRINCIPLE ABOUT THE SEPARATION OF POWERS
      4. PHENIX: HOW TO GIVE LEGAL VALUE TO ELECTRONIC PROCEDURAL DOCUMENTS16
      5. CONCLUSION
      6. FUTURE TRENDS
      7. REFERENCES
      8. ENDNOTES
    7. XIII. Courts on the Web in Russia
      1. INTRODUCTION
      2. BACKGROUND: INFORMATION AND COMMUNICATION TECHNOLOGIES IN RUSSIAN COURTS
        1. Russian Constitutional Courts on the Web
        2. Russian Ordinary Courts on the Web
        3. Russian Arbitrazh Courts on the Web
      3. FUTURE TRENDS
      4. CONCLUSION
      5. REFERENCES
      6. KEY TERMS
        1. Glossary
    8. XIV. E-Justice: An Australian Perspective
      1. ABSTRACT
      2. INTRODUCTION
      3. THE AUSTRALIAN EXPERIENCE
        1. Case Management
        2. Judgment Publication and Distribution
        3. Legal Information
        4. Litigation Support
        5. Evidence Presentation
        6. Electronic Courtrooms
        7. Knowledge Management
        8. Video-Conferencing
        9. Transcript
        10. Electronic Filing
        11. Electronic Search
        12. E-Courts
        13. Integrated Justice
        14. What are the Goals?
        15. Are They Being Met?
          1. Accessibility
          2. Cost-Effectiveness
          3. Transparency
          4. Efficiency
          5. Enhanced Performance
        16. Conclusion
      4. THE FUTURE: THE TRANSFORMATIVE POTENTIAL OF ICT
      5. FUTURE RESEARCH DIRECTIONS
        1. The "Virtual Court"
        2. Other Research Possibilities
      6. REFERENCES
      7. ADDITIONAL READING
      8. ENDNOTES
  6. Compilation of References
  7. About the Contributors