Technology has linked its way into just about every facet of human
lifestyles. For your edification, this continuing discussion, as well as
an addition to previous study formats. In offering this informational
passage, the legal system is just one more profession that has been
conquered by technology.
We are aware of the court stenographers
and PC's that record and track our legal system, but what about the
C.G.A. System? The Computer Generated Animation Presentation can be
admitted into our American Court System. Admissible Evidence in criminal
trial(s) has been recorded as a precedent case ruled on by the Supreme
Court. As reported by Asher Hawkins, of the Legal Intelligencer,
differing arguments by six Pennsylvania Supreme Court Justices concluded
that a Lackawana Common Pleas Judge properly admitted the use of CGA
during a first-degree murder case in 2002. CGA has been portrayed on
various television shows such as CSI Investigation(s) and Crime 360.
Justice
Sandra Schultz Newman wrote, "Society has become increasingly dependent
upon computers in business and our personal lives..." She went on the
say, "With each technological advancement, the practice of law becomes
more sophisticated and commensurate with the need to shed any techno
phobia and become more willing to embrace the advances that have the
ability to enhance the efficiency of the legal system."
Prosecutorial
teams, including Forensic Pathologists and Crime Scene
Reconstructionists presented a murder case to the jury; the prosecutor's
version...the defendant did not possess and/or have access to this
tool. One argument against this procedure in court is of a defendant, a
poor person, is able to commission an equivalent production. In other
words, would the defense be able to match the expenses associated with
the prosecutions presentation to the court? Another justice suggested it
would be wiser to exclude CGA evidence if an indigent or poor defendant
could not afford the costs of "equivalent production." The basic cost
could be upwards of $20,000.00. Another legal professional commented on
whether the cost(s) of CGA was worth the expenditure. The justices also
took note on the fact that CGA's are becoming increasingly less
expensive to produce and could be a vital tool in the rapid expedition
of court cases. In any case, pre-trial motions that include CGA evidence
should be treated with respect. Jury instructions and indigent (lacking
food, clothing, and other necessities of life because of poverty;
needy; poor; impoverished, destitute) defendants are needed with the
court's permission for the presenting of such evidence.
The judges
position was to make certain that Computer Generated Animation was fair
and accurate while permitting defendants an opportunity to challenge
its foundation. It has also been noted by the justices, to make clear to
the jury that it was not meant as a re-enactment or simulation, but
merely an expression of opinions formulated by expert witnesses. Another
justice stated his position..."I think it's a valuable tool, but a tool
that needs to be used sparingly. I don't think it's necessary in every
case." Newman also wrote, "The difference is one of mode, the law does
not, and should not; prohibit proficient professional employment of new
technology in the court-room. This is, after all, the 21st century."
Each
state has its own court system. There's also a system of federal
courts. Decisions made during adjudication by federal administration
agencies may be appealed to a federal court. Similarly, decisions made
by state administrative agencies may be appealed to a state court. The
definition for adjudication (adjudicate) is to render a judicial
decision. In the administrative process, the proceeding in which and
administrative law judge hears and decides on issues that arise when an
administrative agency charges a person or a firm with violating the law
or regulations enforced by the agency. An administrative agency is a
state or federal government agency established to perform a specific
function. Administrative agencies are authorized by legislative acts to
make and enforce rules to administer and enforce the acts.
Typically,
a state court system will include several levels, or tiers, of courts -
(a) trial courts of limited jurisdiction, (b) trail courts of general
jurisdiction, (c) appellate courts, and (d) the states highest court
(often referred to as the State Supreme Court). Anyone who is party to a
lawsuit has the opportunity, and/or right, to plead his/her case before
a trial court and then if he/she loses, before at least one level of
appellate court. Furthermore, if a federal statute of federal
constitutional issue is involved in the decision of the State Supreme
Court, that decision may be further appealed to the United States
Supreme Court.
Have you ever wondered, with all the juris prudence
(the science or philosophy of law, a body or system of laws, a
department of law, Civil Law. decisions of courts, esp. of reviewing
tribunals) activities flooding the land, how could the legal system
function without technology?
Monica Bay, of Law Technology News,
reported of lawyers at small firms, especially solo practitioners, have
resisted adopting practice/case management (CMS) software - even though
there's no doubt that it can help firms deliver faster, better, and
cheaper services to their clients. Several observers suggest that the
initial threshold of setting up a management system intimidates firms. A
software consultant, Tom O'Connor said, "Everybody loves technology but
hates installing it."
Project Management has not been a topic
stressed in many schools, according to an independent IT consultant from
Minneapolis. A successful project management is dependent upon a large
network of personnel. An effective Electronic Data Discovery (EDD)
Project Network includes: clients, partners, legal IT staff, associates,
paralegals, inside counsel, service providers, and technical experts.
Without a doubt, the use of (PM) Project Management to mitigate risk
while delivering consistent, quality results that represents significant
benchmark(s) in the maturing process of the EDD environment.
Used
in many corporations to increase productivity, quality control programs
such as Sigma Six, have been generating interest. Understanding why and
where problems occur has a great impact on the decrease in mistakes.
The application of these principles and practices on Electronic Data
Discovery processes improve a lawyer(s) result(s) with increased quality
and decreased costs. Reasons for rising interest in Project Management
are recognition in the success depends on effective management.
Mitigating
risk and lowering cost by applying "Electronic Discovery Techniques"
offered a myriad of considerations, for example, matching time tables,
securing outside IT experts, propose and follow "E-Discovery" protocol,
engagement of a special master to monitor compliance and resolvement of
disputes, use of checklist(s) containing critical steps and reminders
for every step in and of a project, working service providers, working
with attorneys to find answers to the right questions, as managing
vendors require special attention to service level agreements (SLA'a).
Meanwhile,
discover these definitions/terms of legal jargon that may help you in
your administration, business, everyday life, and tech studies:
Subrogation
- any right a creditor has against a debtor now becomes the right of
surety. Inclusive are creditor rights in bankruptcy, rights to
collateral possession by the creditor, and rights to judgments secured
by the creditor - the surety now stands in the shoes of the creditor
against the debtor.
Indemnification - The right
to pursue guaranteed reimbursement/payment to a director for legal
costs, fees, and/or judgments involved in defending corporations -
(clients) related law suits. Simply put the right to compensation for
services as directors (representatives/attorneys).
Habeas Corpus
- held against your will - against your constitutional right(s), a writ
requiring a person to be brought before a judge or court, esp. for
investigation of a restraint of the person's liberty, used as a
protection against illegal imprisonment, one of a variety of writs that
may be issued to bring a party before a court or judge, having as its
function the release of the party from unlawful restraint.
Writ - a legal order, a document of the court.
Tort
- personal injury, a civil wrong not arising from a breach of
contract...a breach of a legal duty that proximately causes harm or
injury to another.
Posterity - the offspring of
one progenitor to the furthest generation; descendants; all future
generations; succeeding or future generations collectively; Judgment of
this age must be left to posterity; all descendants of one person.
HIPPA
- The Health Insurance Portability and Accountability Act of 1996
(HIPAA) was enacted to ensure that personal information stored, accessed
or processed adheres to a set of guidelines or "security rules." These
rules outline security measures that should be implemented to adequately
secure all electronic protected health information (EPHI). LogRhythm
directly meets some HIPAA requirements, reduces the cost of complying
with others, and it features out-of-the box HIPAA reporting packages.
SOX -
require public companies to create, monitor, and manage controls over
many aspects of their financial reporting. Some companies have found
that such transparency doesn't come easily. The rules require not only
new processes, but also fresh tools that can determine whether systems
and reporting standards are up to snuff. In general, SOX applications
can be classified into three main market segments, according to
Forrester Research. Those in the enterprise-application space include
Oracle and SAP; IBM and Stellent fall under the enterprise-content
management (ECM) heading; and OpenPages and Paisley Consulting are
considered specialists, competing with Certus, HandySoft, and other
pure-play vendors.
Where is it that technology hasn't reached? Are
the courtrooms truly behind in technology? Are they out of the loop as
are many "non-techie" or poor people are? The "Great Technical
Divide"...go figure!
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