scholarly journals E-evidence and e-court in the context of the Covid-19 pandemic: A study from Ukraine

2021 ◽  
Vol 4 (4) ◽  
pp. 163-181
Keyword(s):  
Information Technology ◽  
Justice System ◽  
Imperfect Information ◽  
Data Exchange ◽  
Document Management ◽  
Access To Justice ◽  
Electronic Evidence ◽  
Procedural Time ◽  
Court Proceedings ◽  
Judicial Procedure

The possibility of using information technology in courts can be called a novelty and a progressive innovation in Ukraine. This is is an important factor in improving the efficiency of the openness and transparency of justice and simplifies judicial procedure, shortens court proceedings and procedural time limits, reduces operating costs, and saves time for all the participants of the process while cases are under consideration. Due to the rapid spread of COVID-19, rapid judicial reforms have taken place around the world to ensure access to justice in this new environment. Insufficient levels of information and technical support for the courts in Ukraine, the lack of a single format for data exchange between automated document management systems of various instances and specialisations, imperfect information protection systems, and insufficient regulation of the information legislation remain problematic issues in the functioning of e-justice systems, all of which require further study. Addressing these issues will help justice in Ukraine to reach a new level in the coming years. Since the e-justice system is aimed at optimising the work of courts through the informatisation of processes, and electronic means of proof are designed to ensure the rights of litigants to use electronic information, the interaction of the notion of electronic evidence with the e-justice system is quite possible. This interaction will increase the efficiency of the judiciary and the quality of justice. This article examines the development of information technology in the courts of Ukraine, including during the COVID-19 pandemic, analyses court decisions rendered in the context of the pandemic, and reflects on the real state of the judicial system in the adoption and examination of electronic evidence. It should be noted that the procedure for processing, submitting, and examining electronic evidence is currently not fully regulated, so the use of electronic evidence in litigation is not always effective. All of the above indicates the need to refine the current procedural codes in terms of introducing clear rules for the collection, execution, submission, and examination of electronic evidence.

The IMPLEMENTASI APLIKASI PUSAT PERTUKARAN DATA PADA SISTEM PERADILAN PIDANA TERPADU BERBASIS TEKNOLOGI INFORMASI (SPPT-TI)

2021 ◽  
Vol 5 (2) ◽  
pp. 307
Author(s):  
Tri Ragil Muijyanto ◽  
Maukar Maukar
Keyword(s):  
Information Technology ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Data Exchange ◽  
Response Times ◽  
Exchange Process ◽  
Criminal Cases ◽  
Application Performance

The 2015-2019 National Medium Term Development Plan (RPJMN) mandates that one of the policy directions for law and human rights development in the context of realizing quality law enforcement is to promote an integrated criminal justice system that is implemented through the development of an Information Technology-based Integrated Criminal Justice System (SPPT-TI). In the process of handling criminal cases, sending files between Law Enforcement Officials (APH) takes a long time and is less efficient, so it requires a variety of response times. Broadly speaking, SPPT-TI aims to optimize the use of information technology in the process of handling criminal cases in terms of exchanging data and information between institutions involved in the criminal justice system. In the development process, the Puskarda application uses the DevOps development method which is quite appropriate to the conditions in the field which require periodic improvement. The Puskarda application is used to exchange data and documents electronically at SPPT-TI and ensure that the data exchange process between APHs involved is in accordance with the SPPT-TI data exchange guidelines.It is hoped that this research can help explain the stages in implementing the Puskarda application and can find out the constraints in exchanging data in order to improve application performance to meet the needs of application users

scholarly journals IMPLEMENTASI E-COURT UNTUK PERKARA PERDATA SEBAGAI TEKNOLOGI INFORMASI DALAM SISTEM PERADILAN DI INDONESIA

2021 ◽  
Author(s):  
Desty Setiawati Putri ◽  
Ansori ◽  
Hendra Saputra
Keyword(s):  
Information Technology ◽  
Justice System ◽  
Policy Instruments ◽  
Legal Norms ◽  
Legal Principles ◽  
Law And Technology ◽  
The Supreme Court ◽  
Library Studies ◽  
Judicial Procedure ◽  
Electronic Channels

E-court can be used to send and receive trial documents such as replik, duplik, conclusions and/or answers. The e-court application is also used to call electronically to parties who have approved and to the plaintiff/ applicant who registers electronically is deemed to agree to use electronic channels for calling. The problem in the research is how to implement e- court.mahkamahagung.go.id for civil matters as information technology in the justice system in Indonesia and what are the supporting and inhibiting factors for the implementation of e- court.mahkamahagung.go.id for civil matters as information technology in justice system in Indonesia. The research method uses a normative juridical approach, a normative approach is carried out by studying legal norms or rules, legal principles, data sourced from library studies. The analysis of the data used is qualitative juridical. The results of the study show that the implementation of e- court.mahkamahagung.go.id for civil matters as information technology in the judicial system in Indonesia, can be done tactically and strategically. Tactical efforts are temporary efforts that can be carried out quickly and internally by the Supreme Court by utilizing the policy instruments that they have. Supporting factors for implementation of e-court.mahkamahagung.go.id is the existence of efforts to Implement Electronic Justice can be divided into tactical efforts and strategic efforts. The inhibiting factor for implementation of e-court.mahkamahagung.go.id is the Electronic Judicial Procedure Law and Technology and Human Resources Constraints.

Racializing Mercy: Capital Punishment and Race in Twentieth-Century England and Wales

2020 ◽  
Vol 38 (4) ◽  
pp. 883-910
Author(s):  
Lizzie Seal ◽  
Alexa Neale
Keyword(s):  
Twentieth Century ◽  
Capital Punishment ◽  
Justice System ◽  
Racial Difference ◽  
Institutional Racism ◽  
Access To Justice ◽  
England And Wales ◽  
Men Of Color ◽  
Unequal Access ◽  
To Receive

Fifty-seven men of color were sentenced to death by the courts of England and Wales in the twentieth century and were less likely to receive mercy than white contemporaries. Though shocking, the data is perhaps unsurprising considering institutional racism and unequal access to justice widely highlighted by criminologists since the 1970s. We find discourses of racial difference were frequently mobilized tactically in nineteenth- and twentieth-century England and Wales: to support arguments for mercy and attempt to save prisoners from the gallows. Scholars have identified historically and culturally contingent narratives traditionally deployed to speak to notions of lesser culpability. These mercy narratives reveal contemporary ideals and attitudes to gender or class. This article is original in identifying strategic mercy narratives told in twentieth-century England and Wales that called on contemporary tropes about defendants' race. The narratives and cases we explore suggest contemporary racism in the criminal justice system of England and Wales has a longer history than previously acknowledged.

scholarly journals Section 1: Health and Clinical Management: Leveraging Information Technology to Improve Quality and Safety

2007 ◽  
Vol 16 (01) ◽  
pp. 22-29
Author(s):  
D. W. Bates ◽  
J. S. Einbinder
Keyword(s):  
Information Technology ◽  
Patient Safety ◽  
Clinical Data ◽  
Data Exchange ◽  
Personal Health Records ◽  
Personal Health ◽  
Health Records ◽  
Provider Behavior ◽  
Published Research ◽  
Improve Patient

SummaryTo examine five areas that we will be central to informatics research in the years to come: changing provider behavior and improving outcomes, secondary uses of clinical data, using health information technology to improve patient safety, personal health records, and clinical data exchange.Potential articles were identified through Medline and Internet searches and were selected for inclusion in this review by the authors.We review highlights from the literature in these areas over the past year, drawing attention to key points and opportunities for future work.Informatics may be a key tool for helping to improve patient care quality, safety, and efficiency. However, questions remain about how best to use existing technologies, deploy new ones, and to evaluate the effects. A great deal of research has been done on changing provider behavior, but most work to date has shown that process benefits are easier to achieve than outcomes benefits, especially for chronic diseases. Use of secondary data (data warehouses and disease registries) has enormous potential, though published research is scarce. It is now clear in most nations that one of the key tools for improving patient safety will be information technology— many more studies of different approaches are needed in this area. Finally, both personal health records and clinical data exchange appear to be potentially transformative developments, but much of the published research to date on these topics appears to be taking place in the U.S.— more research from other nations is needed.

Therapeutically (Un)Just Interactions in Family Court Proceedings

2018 ◽  
Vol 31 (2) ◽  
pp. 262-286
Author(s):  
Cindy Brooks Dollar
Keyword(s):  
Observational Data ◽  
Justice System ◽  
Family Members ◽  
Therapeutic Jurisprudence ◽  
Family Court ◽  
Family Courts ◽  
Specialty Courts ◽  
Current Operation ◽  
Court Proceedings

Court systems have a unique and powerful impact on the lives of persons who enter into them. In recognition of some of the deleterious effects of traditional court models, scholars and practitioners advocate for alternative court processes, especially through the implementation of specialty courts. Family court is a type of specialized court, which handles legal disputes among family members. The stated mission of family courts reflects notions of therapeutic jurisprudence; however, scarce research examines if therapeutic jurisprudence is actually practiced in family court settings. Using 12 months of observational data of over 100 hearings, the present study assesses the extent to which principles of therapeutic jurisprudence are apparent in court proceedings. I find that although therapeutically just interactions are common in family court, some encounters remain antitherapeutic or damaging. The implication of family court’s current operation within the broader “justice” system is discussed.

scholarly journals Underestimating the Unrepresented: Cognitive Biases Disadvantage Pro Se Litigants in Family Law Cases

2020 ◽  
Author(s):  
Kathryn Mary Kroeper ◽  
Victor David Quintanilla ◽  
Michael Frisby ◽  
Nedim Yel ◽  
Amy Applegate ◽  
...  
Keyword(s):  
Justice System ◽  
Cognitive Biases ◽  
The United States ◽  
Access To Justice ◽  
Randomized Experiments ◽  
Related Factors ◽  
Mere Presence ◽  
Dispute Resolution Mechanism ◽  
Civil Justice System ◽  
Wide Access

The majority of civil cases in the United States involve at least one pro se party—more often than not, at least one litigant is unrepresented by legal counsel. Despite efforts to provide pro se parties with information that decreases the procedural complexity of litigation, wide access to justice gaps persist between counseled and pro se litigants. We argue that, while helpful, information alone is not enough to close access-to-justice gaps, because the mere presence of counsel gives represented litigants a persuasive edge over pro se litigants in the eyes of legal officials. Two randomized experiments with civil court judges (Experiment 1) and attorney-mediators (Experiment 2), wherein only the presence of counsel varied (while other case-related factors were held constant), found that legal officials, on average, devalued the case merit of pro se litigants relative to otherwise identical counseled litigants. This case devaluation, in turn, shaped how legal officials expected pro se (vs. counseled) litigants to fare as they sought justice. Judges, attorneys, and mediators forecasted that pro se litigants would experience the civil justice system as less fair and less satisfying than counseled litigants, especially when the dispute resolution mechanism was trial (vs. mediation). These results suggest that perceptions of case merit are strongly influenced by a litigant’s counseled status. Comprehensive solutions to address access-to-justice gaps must consider ways to reduce legal officials’ biased perceptions of pro se litigants, so that they are not underestimated before their cases are even heard.

scholarly journals The Use of Modern Information Technology in Judicial Review of Complaints in Pre-Trial Proceedings

2021 ◽  
Vol 1 ◽  
pp. 20-24
Author(s):  
Elvira R. Mirgorodskaya ◽  
Keyword(s):  
Information Technology ◽  
Public Relations ◽  
Russian Federation ◽  
Automated System ◽  
Practical Significance ◽  
Access To Justice ◽  
Judicial Control ◽  
Modern Information Technology ◽  
The Russian Federation ◽  
Modern Information

This article is devoted to the topical issue of the institution of judicial control — ensuring the right to access to justice in the context of digitalization of public relations. According to the analysis of the statistical data of the Judicial Department of the Russian Federation, on the lion’s share of complaints (about 70%) accepted for proceedings, decisions are made to terminate proceedings on various grounds, and only a third of the complaints are decided to satisfy or refuse to satisfy the complaint. The author has analyzed the main reasons for the termination of the proceedings on the complaint, taking into account the existing current judicial practice. The practical significance of the work lies in the availability of proposals for resolving existing problems that are practically oriented towards the judicial system, taking into account the use of modern information technology of the state automated system «Justice» and video conferencing systems. In order to improve judicial control in pre-trial proceedings, the author’s vision of making changes at the legislative level was formulated by amending Part 2 of Art. 125 of the Criminal Procedure Code of the Russian Federation.

scholarly journals Penerapan knowledge sharing dengan media Portal Binus di Bina Nusantara University

2021 ◽  
Vol 1 (2) ◽  
pp. 167
Author(s):  
Syifa Naufal Qisty
Keyword(s):  
Information Technology ◽  
Literature Review ◽  
Knowledge Sharing ◽  
Business Processes ◽  
Document Management ◽  
Case Based Reasoning ◽  
University Environment ◽  
Training Materials ◽  
Descriptive Method ◽  
Case Based

With the development of information technology, document management is now done digitally and paperless. Document management is also carried out as an implementation of knowledge sharing activities in an organization. Document management as a part of knowledge sharing activities is one of which is carried out by Bina Nusantara University (Binus). This article is compiled to find out how document management is an implementation of knowledge sharing in the Binus University environment. The method used is descriptive method of conducting interviews and literature review. From the research conducted, Binus University developed the Binus portal as a forum for employees to carry out knowledge sharing activities as well as manage documents in the organization. The managed documents include institutional documents such as organizational structure documents, business processes, duties and functions of each directorate, training materials, references in carrying out assignments, sharing expertise, case studies, case-based reasoning, as well as documents in the form of ideas, innovations, and opinions written in popular form by employees at Binus. 

scholarly journals Women's Experiences of the Justice System

1997 ◽  
Vol 27 (4) ◽  
pp. 649
Author(s):  
J Morris
Keyword(s):  
New Zealand ◽  
Justice System ◽  
Access To Justice ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
The Law ◽  
The Impact ◽  
Law Commission

This article considers the impact of gender upon women's experiences of the New Zealand justice system, as lawyers and clients. As well as summarising study and survey material, it draws upon information provided to the Law Commission in the course of its project on Women's Acces to Justice: He Putanga mo nga Wahine ki te Tika. It concludes that women are still significantly disadvantaged by the justice system as a result of their gender and that there is an ongoing need for debate and consideration of these issues if women's access to justice is to be improved.

Referrals to the police of vulnerable adult abuse

2016 ◽  
Vol 18 (2) ◽  
pp. 119-127 ◽  
Author(s):  
Jackie Ann Farquharson
Keyword(s):  
Justice System ◽  
Small Sample ◽  
Police Force ◽  
Microsoft Excel ◽  
Local Authorities ◽  
Content Type ◽  
Police Investigation ◽  
Court Proceedings ◽  
Rural Police ◽  
Vulnerable Adults

Purpose – The purpose of this paper is to examine the outcome of referrals made to one police force in England by three local authorities between March 2010 and April 2011, in order to identify and understand the barriers to prosecuting suspects of abuse or harm against vulnerable adults, and improve inter-agency co-operation. Design/methodology/approach – All referrals to this police force are given a crime number when they are recorded on the Criminal Justice System database together with a vulnerable adult flag and a status code which indicates the outcome following a police investigation. A search of the database using the vulnerable adult flag identifies the total number of referrals and outcomes for the selected period. This can then be imported into a Microsoft Excel spreadsheet to allow further analysis to take place. Findings – Over 87 per cent of all referrals of alleged abuse to vulnerable adults made to this police force did not establish that a crime had been committed. Of those that did only 1 per cent resulted in either a caution or court proceedings. Research limitations/implications – This is a small sample from one, predominantly rural, police force. Originality/value – The benefit of this research is that it contributes to a greater knowledge of the outcomes of adult safeguarding referrals made, primarily, by local authorities to the police and how police disclosures, on Disclosure and Barring Service checks, are being used as a means of providing employers of regulated activities with information on individuals who have been suspected of abusing vulnerable adults.

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