| Notes |
4. Promoting Information Technology
Community courts have promoted the use of technology
to improve decision-making. Technology planners
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created a special information system for the Midtown Community Court to make it easy for the judge and court staff to track defendants. The Midtown Court’s software was so innovative that it won Microsoft’s Windows World Open in 1995.
How does technology improve decision-making? The key is the first initial in that acronym, IT. The “I” stands for information. Information that’s reliable, relevant, and up-to-date is essential for judges to make the wisest decisions they can.
Many of the problem-solving courts in New York State now use technology that builds on the prototype created for the Midtown Court, and courts far and wide— including in Cook County, Illinois, New Orleans, and San Francisco—have adapted similar systems to their needs. The technology allows all players involved in a case— judge, prosecutor, defense attorney, clerk, court staff, and on-site social service partners—to access and update information so that files stay current. Privacy settings can be created to limit who can see and update the files.
With Robert, his case manager regularly updated information about his progress in treatment in the court computer system. I could access his information from my office, but only the case manager and court clerk could input or change anything in the file. Having access to that information helps all the players in the justice system do their jobs better and more efficiently.
Technology allows court staff to record the results
of drug screens and track compliance so that when a defendant stands before the judge, the judge knows immediately his or her status. I remember once in Red Hook, a defendant with a long criminal record was participating in drug treatment. The program said
he’d refused to have his urine tested for drugs, but the defendant claimed he’d complied with all the program’s requests. When the judge accessed the latest information through his computer terminal—which is within arm’s
reach on the bench—he found that the defendant had, in
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fact, been in consistent compliance and had never missed a test since the start of his case. When the defendant realized that the judge was giving him the benefit of
the doubt—based on concrete, up-to-date information—it was like a cloud lifted. The defendant’s demeanor visibly changed, and he went from being agitated and angry to feeling positive about the program and upbeat about his ability to finish.
With a computer terminal on the bench, many judges find it easier to keep personal notes. This allows them to individualize their responses to defendants and follow up on news and information gleaned during an offender’s previous appearance. Defendants are often stunned when a judge asks them about milestones in their lives—a job interview, a child’s birthday party,
a move to a new apartment. This kind of personal interaction makes a defendant feel like the court
cares about them as a person and in turn promotes procedural justice.
Sophisticated data collection systems also make it easier to measure outcomes and track results. Some of the questions a data system can answer are obvious: How many defendants are currently in treatment? How many are in compliance? How many have successfully completed treatment? But they can also answer more complicated questions: Which demographic group
fares best in certain kinds of treatment? Which kinds of rewards and sanctions produce the best results? Answers to these questions can help everyone—including judge, prosecutor, and defense attorney—to fashion the most effective sentences and procedures.
http://www.nyls.edu/impact-center-for-public-interest-law/wp-content/uploads/sites/140/2019/04/Panel-Two.pdf |