The first article analyzed and discussed is Joseph Baker’s “Courts Should Join Information Age; Using Video and other Technology Would Greatly Benefit the American
Justice System”, was originally published in the Orlando Sentinel on December 19, 2004, and is an example of the use of old technology in the American justice system. Baker focuses his intentions of the value of television and the Internet, which has provided the ability to portray events as they happen from anywhere on the planet. It is these forms of media, which have enabled users the ability to see and hear real life events as they unfold, including fires, storms, battlefields, and other natural disasters. In 2004, the use of technology was really catching on, but was not at the widespread levels of the modern world.
It is understandable for judges and lawyers to keep the real world out of the courtroom, but even in 2004, many high profile cases, like the O.J. Simpson murder case had already played itself out in the various forms of mass media. As was realized during that case twenty years ago, it was difficult to find and maintain an impartial jury when the entire case is playing out in front of an international audience. Baker argues the need for adoptions to the United States Constitution to reflect the information age lawyers, judges, and other involved individuals operate within.
The second article analyzed and discussed “Using Technology to Enhance Access to Justice”, was broken down into seven unique chapters written by Cabral, Chavan, Clarke, etc. in the Harvard Journal of Law and Technology in Fall of 2012. This article focused on the benefits and issues related to the adoption and implementation of technological advances in the modern world. This article starts at the beginning to discuss the history or technological adoption into the courtroom and courthouses in general. In 1998, the first summit on the use of technology to improve access to justice was held, and by 2012, the Technology Initiative Grant also known as (TIG) has provided over forty million dollars in grants to various legal services agencies, courts, and nonprofit organizations.
The goal of this article is to develop and implement technology in order to enhance the access to justice in the United States. This is achieved through discussing the issues related to the implications of the digital divide, secure information, lack of education or support for self-representing litigants. This article also discussed the difference of mobile device capabilities, integration of court technologies, overcoming issues, and tech supported triage.
Baker’s article is credible, because Baker served as a circuit court judge for over twenty-five years before his retirement. Baker’s point of view considers the expectations of the court, especially as it applies to the use of new technology in the information age. This article is also considered credible because it was published in a newspaper in Orlando, Florida. To make his point, Baker mentions it is time to take the court out of the courthouse to encourage the use of television, radio, and the Internet to enhance the access to the American justice system. At the same time, Baker is also clear to express his concerns for the dramatic change to digital forms of communication being used within a courthouse. At the time Baker wrote this article digital communication was gaining popularity, especially related to the use of e-mail, text messages, and the beginning of video chats.
Baker also focused his attention to the benefits of the added microphones and cameras, within a courtroom. The use of sound and video recording makes it easier for the later reference to transcripts to depict not only what was said, but how it was said. Additionally, video and sound recording will also make it easier for judges and lawyers to look back to determine a witness’s competency or capacity to testify.
The second article was also relevant and credible, because it was written after the social media explosion, which has led to the widespread use of technology, especially through the use of mobile devices. Additionally, this article was also credible because it was written by several professionals who work as consultants and educators in the modern world. The article was published in the Harvard Journal of Law and Technology, which is a credible source, which is peer-reviewed.
This article considers the digital divide, which has created a two-tiered system, which is incapable of delivering appropriate justice to low income individuals or families. To mitigate this risk, it is clear there need to be reassurances in place to ensure equal access and fairness in the use and adoption of new technologies within the American justice system. Besides the digital divide, there are also concerns about litigants who are self-representing having access to the same opportunities as those client who are working with an attorney. At the same time, there are also issues related to people who have disabilities, or English is not their native language.
Both articles consider the possibilities and issues to the use of technology in the past and in the present. Baker does a great job explaining the benefits and issues with the use of technology, but it quite clear through his entire article the benefits outweigh any of the drawbacks. As an example, Baker discusses how the United States constitution has been interpreted throughout history to take into consideration the technological advances of the modern world as it has evolved. This can be compared to the second article, which discusses the various strategies associated with mobile technologies like smartphones and tablets, which are able to now use mobile friendly applications and optimized web sites, along with the convenience of always being connected to the Internet along with location aware capabilities.
At the same time, Baker’s article also focuses on the reality print media has lost its popularity, and is no longer the most basic way to spread information to the general public. This can also be compared to the second article, which was more concerned about the possibility of secure information falling into unapproved individuals or institutions. To thwart this issue, the second article makes it clear it is important for the American justice system to always be aware and prepared to implement modern day changes to systems to make sure information is secure, yet easy to access.
Both articles voiced their concern about the use of technology disrupting the traditional aspects of the courtroom and courthouses in general. Baker was concerned the use of technology like video chat capabilities would eliminate the reason for a formal courtroom, but in reality, it would not be possible since prisoners would need to have their opportunity to have their day in court. Prisoners in a courthouse has the opportunity to be dressed in professional wear, which may no longer be necessary if prisoners are using video capabilities within the local jail or prison. This can also interfere with the fairness of prisoners who have not had their day in court to prove their innocence. There needs to be a serious consideration to how this could change the idea of innocent until proven guilty, and would change into guilty until proven innocent.
In conclusion, the Internet has created a marketplace of ideas, knowledge, viewpoints, and information from all around the world. It is clear there is no chance the use of technology will ever be able to take the place of the tradidional courtroom, or the access to justice through traditional channels. At the same time, it is also clear the increase in education and support will make the continued adoption of technology in the American justice system more accessible for the masses, which can also help minimize the heavy reliance on paper, which has sensible environmental impacts.
This is only possible with the creation of universal standards related to e-filing court information, and the increased capabilities of cloud-services, will increase the ease of access to information regardless where any of the cases participants may be. As standards become universalized, there is the opportunity for these same improvements to be applied to the international setting. This can be compared to a similar evolution which has just occurred in the healthcare industry with the widespread acceptance and use of informatics and electronic medical charts.
Baker’s article focused on implementing the basic and older forms of technology like radio, television, and the early uses of the Internet. This is compared to the mobile focus of the second article, which considers both the benefits and drawbacks to mobile uses. To further the uses of technology in the American justice system, these new capabilities need to be incorporated with the educational system, which teaches children about the justice system, not just for those individuals who choose law and justice as their chosen career path. The uses of technology in the American justice system will continue to evolve as technological advances continue to provide higher levels of security will be making the ease of access simple enough for any American to use regardless of educational levels, backgrounds, or criminal history.
Works Cited
Baker, J. "COURTS SHOULD JOIN INFORMATION AGE ; USING VIDEO AND OTHER TECHNOLOGY WOULD GREATLY BENEFIT THE AMERICAN JUSTICE SYSTEM." Orlando Sentinel 19 December 2004: G1.
Cabral, J. E., et al. "USING TECHNOLOGY TO ENHANCE ACCESS TO JUSTICE." Harvard Journal of Law and Technology 26.1 (2012): 241-234.
