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LAWLAWDigital Moot CourtroomDigital Moot Courtroom

School of LawSchool of LawMurdoch UniversityMurdoch UniversityGanasan ArujunanGanasan Arujunan

1212THTH May 2004 May 2004

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GoalsGoals

Experimental and demonstration site for Experimental and demonstration site for students, Legal Profession, Govt Agencies, students, Legal Profession, Govt Agencies, etc. etc.

Offering training of different types for Law Offering training of different types for Law u/grad and p/grad students, legal profession u/grad and p/grad students, legal profession and government departments, etc.and government departments, etc.

The determination of how technology can The determination of how technology can assist all aspects of the legal system. assist all aspects of the legal system.

Ongoing experimentation, specific studies and Ongoing experimentation, specific studies and via the ongoing use of the School’s technology.via the ongoing use of the School’s technology.

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Long term GoalsLong term Goals

Research site for the results of ICT Research site for the results of ICT integration and to determine the integration and to determine the legal and practical consequences of legal and practical consequences of high-technology applications, high-technology applications, particularly the effects of particularly the effects of human human interaction with technology.  interaction with technology. 

Use of Freehills moot court for actual Use of Freehills moot court for actual trials.trials.

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ICT & Legal ProcessICT & Legal Process

Database accessDatabase access Information access by Judges on accused Information access by Judges on accused

appearing before them/when sentencingappearing before them/when sentencing instant data access by the various agencies in instant data access by the various agencies in

the criminal and civil processes, from arrest to the criminal and civil processes, from arrest to convictionconviction

Evidence presentationEvidence presentation Courtroom technologyCourtroom technology

E-FilingE-Filing Virtual CourtVirtual Court

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DMC TechnologyDMC Technology

Evidence and document display Evidence and document display technologytechnology Electronic Presentation of trial Electronic Presentation of trial

documents/evidencedocuments/evidence Display monitorsDisplay monitors Document cameraDocument camera DVD and VCR playerDVD and VCR player

Video and Audio ConferencingVideo and Audio Conferencing Remote testimony – witness/expert witnessRemote testimony – witness/expert witness Pre-trial proceeding-remote appearancesPre-trial proceeding-remote appearances AppealsAppeals

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DMC Tech Cont’DMC Tech Cont’

Digital RecordingDigital Recording Audio SystemAudio System Litigation support systemLitigation support system

Internet access to research materials Internet access to research materials Access to office files/databaseAccess to office files/database Electronic presentation – plug in lap top Electronic presentation – plug in lap top

and make power point presentation and make power point presentation displayed on the projection screen and displayed on the projection screen and the LCD screensthe LCD screens

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DMC Courtroom Technology Cont’DMC Courtroom Technology Cont’

Electronic Trial software /Court record Electronic Trial software /Court record systemsystem

Document management software with Document management software with powerful search engines, storage and powerful search engines, storage and imaging and retrieval capabilities. The imaging and retrieval capabilities. The software enables the pleadings, software enables the pleadings, documents or exhibits be referred to documents or exhibits be referred to electronically and displayed on all the electronically and displayed on all the screen simultaneously. screen simultaneously.

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Integrated NetworkIntegrated Network

Touch control panel Touch control panel

All the above System is controlled from All the above System is controlled from single point in the courtroom.single point in the courtroom.

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Other Training EnvironmentOther Training Environment

Courtroom21Courtroom21

http://www.courtroom21.net/http://www.courtroom21.net/

DOAR’s Digital CourtDOAR’s Digital Court

http://www.doar.com/digital_court/http://www.doar.com/digital_court/index.aspindex.asp

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Actual e-CourtroomActual e-Courtroom

Superior court of ArizonaSuperior court of Arizona

http://www.superiorcourt.maricopa.http://www.superiorcourt.maricopa.gov/ecourtroom/index.asp#gov/ecourtroom/index.asp#

SingaporeSingapore

http://www.supcourt.gov.sg/video/http://www.supcourt.gov.sg/video/eng_elitigation.mpgeng_elitigation.mpg

QueenslandQueensland

http://ecourts.courts.qld.gov.au/http://ecourts.courts.qld.gov.au/

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Judges ViewsJudges Views

““The amount of evidence presented in court has increased The amount of evidence presented in court has increased strikingly in the last 40 years, Judge Kaplan said, and strikingly in the last 40 years, Judge Kaplan said, and improved technology makes it easier for jurors to sift improved technology makes it easier for jurors to sift through the information”through the information”

"The benefit is that it makes the trial go a lot faster and "The benefit is that it makes the trial go a lot faster and thus enables us to do more in the same amount of time, thus enables us to do more in the same amount of time, and it is much clearer to the jury to be able to get and it is much clearer to the jury to be able to get information this way," Judge Kaplan said. "Wheninformation this way," Judge Kaplan said. "Whenit's well used, the juries love it." it's well used, the juries love it."

Judge Kaplan is a member of a committee of the Judicial Judge Kaplan is a member of a committee of the Judicial Conference of the United States that makes Conference of the United States that makes recommendations about improving technology in the recommendations about improving technology in the federal courts.federal courts.

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Maricopa Courts - Judges’ viewMaricopa Courts - Judges’ view

““These E-Courtrooms represent a profound These E-Courtrooms represent a profound and fundamental change in the way court and fundamental change in the way court proceedings are conducted," said Superior proceedings are conducted," said Superior Court Presiding Judge Colin F. Campbell. Court Presiding Judge Colin F. Campbell.

"Widespread use of technology during trial "Widespread use of technology during trial enhances the way evidence is presented, enhances the way evidence is presented, allowing facts, concepts and ideas to be allowing facts, concepts and ideas to be more readily understood by jurors, more readily understood by jurors, litigants, spectators, lawyers and the litigants, spectators, lawyers and the Court." Court."

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Save timeSave time

Studies have found that high-tech court Studies have found that high-tech court proceedings can cut trial time for a civil proceedings can cut trial time for a civil case by 25 percent. case by 25 percent.

The new technology allows lawyers to use The new technology allows lawyers to use laptops and a touch screen computer to laptops and a touch screen computer to simultaneously display and annotate simultaneously display and annotate evidence on the monitors in the jury box evidence on the monitors in the jury box and around the courtroom. It is an easier, and around the courtroom. It is an easier, and more effective way to litigate a case.and more effective way to litigate a case.

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Lawyers ViewsLawyers Views

Ms. McKenna (a partner with the New Ms. McKenna (a partner with the New York law firm of Proskauer Rose )York law firm of Proskauer Rose )

"Lawyers who don't come prepared to "Lawyers who don't come prepared to use the technology do their clients a use the technology do their clients a disservice and, in the eyes of the jurors, disservice and, in the eyes of the jurors, appear less prepared and less appear less prepared and less sophisticated”. The New York Times May sophisticated”. The New York Times May 29 2003 29 2003

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Another viewAnother viewAn excerpt from New York Law Journal An excerpt from New York Law Journal

““The future may be a dark place for those who The future may be a dark place for those who have not yet considered bringing technology to the have not yet considered bringing technology to the courtroom...courtroom...

First, you may find yourself in front of a judge who First, you may find yourself in front of a judge who either presides over all his/her cases in a high-tech either presides over all his/her cases in a high-tech courtroom …... courtroom …... Another common scenario is receiving notification Another common scenario is receiving notification by opposing counsel that they intend to use trial by opposing counsel that they intend to use trial technology. Such notice is typically given no technology. Such notice is typically given no sooner than a month before trial, if at all. sooner than a month before trial, if at all. You will need to consider whether opposing You will need to consider whether opposing counsel’s use of technology will put him at an counsel’s use of technology will put him at an advantage with the trier of fact. Empirical data and advantage with the trier of fact. Empirical data and post verdict interviews with jurors and judges post verdict interviews with jurors and judges indicate that it does” indicate that it does”

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Legal IT TrainingLegal IT Training

Courtroom 21 Summer 2004 Lawyer and Courtroom 21 Summer 2004 Lawyer and Legal IT TrainingLegal IT Training

Courtroom Technology: A Survey Course Courtroom Technology: A Survey Course for Litigatorsfor Litigators

Persuasive Courtroom Presentation Persuasive Courtroom Presentation TechnologyTechnology

Electronic Discovery and EvidenceElectronic Discovery and Evidence Deposition of the Technology Forensic Deposition of the Technology Forensic

WitnessWitness Electronic Discovery of Email: A Course for Electronic Discovery of Email: A Course for

Litigators & InvestigatorsLitigators & Investigators

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IT related coursesIT related coursesKing’s College of London MSc/Post grad Dip in IT King’s College of London MSc/Post grad Dip in IT and Internet Lawand Internet Law

http://www.dcs.kcl.ac.uk/teaching/msc/itil/index.http://www.dcs.kcl.ac.uk/teaching/msc/itil/index.htmlhtmlCertificate of Litigation Support/Document Certificate of Litigation Support/Document Management. Management. Sir Zelman Cowen Centre for Sir Zelman Cowen Centre for Continuing Legal EducationContinuing Legal Educationhttp://www.vu.edu.au/cowencentre/courses.htmlhttp://www.vu.edu.au/cowencentre/courses.htmlMaster of Laws in Information Technology LawMaster of Laws in Information Technology LawUniversity of Hong Kong University of Hong Kong http://www.hku.hk/law/prog/postgrad-llm-http://www.hku.hk/law/prog/postgrad-llm-itlaw.htmlitlaw.html

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Online Legal ResourcesOnline Legal Resources

For Australian Legislations and casesFor Australian Legislations and cases http://www.austlii.edu.auhttp://www.austlii.edu.au

For Australian LegislationsFor Australian Legislations http://scaleplus.law.gov.au/http://scaleplus.law.gov.au/

Subscription legal resourcesSubscription legal resources http://www.lexisnexis.comhttp://www.lexisnexis.com

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Research AreaResearch Area

ICT & COURT PROCESSICT & COURT PROCESS Involve the studies of – Society, Legal Involve the studies of – Society, Legal

System, Law Courts, Stakeholders, and System, Law Courts, Stakeholders, and Individuals and issues surrounding each Individuals and issues surrounding each levelslevels

Mapping of the above issues with real Mapping of the above issues with real scenariosscenarios

Researchable area-with cost & time limitation Researchable area-with cost & time limitation in mind.in mind.

Future DirectionFuture Direction

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Society

Legal System

Courts

Stakeholders

Individuals

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IssuesIssues Do they work? What impact ICT has on the administration of

justice? What is necessary to create and operate these

facilities? To what extent, if at all, do they disadvantage

some parties, counsel, or others? What are the collateral consequences of high

technology litigation? Are technology augmented litigation and high

technology courtrooms consistent withtraditional humanistic goals?

http://www.courtroom21.net/About_Us/Articles/virtualcourtsinglespace.htm

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International Working Conference on Technology Augmented Litigation -

Sept 1998Large scale technology use at trial was desirable or hurtful? Attended by judges, lawyers, administrators, support professionals, and experts in the area, the Working Conference concluded that:

The adoption of courtroom technology was ongoing and likely unstoppable;

Courtroom technology was desirable; Known problems involving electronic incompatibility of

evidentiary files required resolution through creation or adoption of standards;

It is too early in the adoption of technology to attempt to regulate its use in any thorough fashion but that liberal use of pretrial notice and disclosure is at least helpful in avoiding problems.

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The EndThe End

"Technology is only a means to an "Technology is only a means to an end; it is not an end in itself,"end; it is not an end in itself,"

"The goal is justice at all times, not "The goal is justice at all times, not technology.“ Professor Lederer technology.“ Professor Lederer Director of Courtroom21Director of Courtroom21