Marco Velicogna Marco Velicogna Research Institute on Judicial Systems Research Institute on Judicial Systems Italian National Research Council Italian National Research Council IRSIG-CNR IRSIG-CNR The Challenge of Going Digital: From Paper-Based Registers and Statistics to Electronic Databases and ICT Management Systems for the Governance of Public Prosecutor Offices World Summit Of Prosecutors General, Attorneys World Summit Of Prosecutors General, Attorneys General General and Chief Prosecutors and Chief Prosecutors Third edition, Bucharest, Romania, March 23-25, Third edition, Bucharest, Romania, March 23-25, 2009 2009 www.irsig.cnr.it www.irsig.cnr.it
Transcript
Marco VelicognaMarco Velicogna Research Institute on Judicial Systems Research Institute on Judicial Systems
Italian National Research CouncilItalian National Research CouncilIRSIG-CNRIRSIG-CNR
The Challenge of Going Digital:From Paper-Based Registers and Statistics to Electronic
Databases and ICT Management Systems for the Governance of Public Prosecutor Offices
World Summit Of Prosecutors General, Attorneys GeneralWorld Summit Of Prosecutors General, Attorneys Generaland Chief Prosecutorsand Chief Prosecutors
Third edition, Bucharest, Romania, March 23-25, 2009Third edition, Bucharest, Romania, March 23-25, 2009
www.irsig.cnr.itwww.irsig.cnr.it
IRSIG-CNRIRSIG-CNR– How are the justice systems changing?How are the justice systems changing?
– How can we (the research) help judiciaries How can we (the research) help judiciaries in addressing and governing change?in addressing and governing change?
IRSIG Research AreasIRSIG Research Areas
ICT for justice systemsICT for justice systems
Quality of justiceQuality of justice
Justice organisationJustice organisation
Description and analysis of the processes of Description and analysis of the processes of deployment and use of ICT in courts and deployment and use of ICT in courts and prosecutors officesprosecutors offices
Description and analysis of the policies Description and analysis of the policies implemented to improve the quality of implemented to improve the quality of justicejustice
The functioning of courts and public The functioning of courts and public prosecutor’s officesprosecutor’s offices
The focus of today’s The focus of today’s presentation is on opportunities, presentation is on opportunities, challenges and risks of challenges and risks of “going “going digital”digital”, developing, , developing, implementing and adopting implementing and adopting ICT ICT toolstools for the for the managementmanagement of the of the PPOsPPOs
Quantitative data from Quantitative data from CEPEJ CEPEJ
Evaluation of European Judicial SystemsEvaluation of European Judicial Systems
Data SourcesData Sources
– Research Institute on Judicial Systems – Research Institute on Judicial Systems – Italian National Research Council (IRSIG-Italian National Research Council (IRSIG-CNR)CNR)
– Institute of Constitutional and Institute of Constitutional and Administrative Law, Utrecht University, the Administrative Law, Utrecht University, the NetherlandsNetherlands
– London School of Economics, UKLondon School of Economics, UK
– Ministry of Justice of FinlandMinistry of Justice of Finland
– University of Aarhus, Denmark University of Aarhus, Denmark
– University of Nanterre, FranceUniversity of Nanterre, France
– 6 in-depth national case studies6 in-depth national case studies– 15 additional national reports + Eurojust15 additional national reports + Eurojust
Data SourcesData Sources
More qualitative data More qualitative data from several IRSIG from several IRSIG research projects research projects
Not limited to technologiesNot limited to technologies
– European Arrest WarrantEuropean Arrest WarrantTHE EUROPEAN ARREST WARRANT IN LAW AND IN PRACTICE: A comparative study for the consolidation of the European law-enforcement areaTHE EUROPEAN ARREST WARRANT IN LAW AND IN PRACTICE: A comparative study for the consolidation of the European law-enforcement area
– Italy, IRSIG-CNR Italy, IRSIG-CNR – The Netherlands, Utrecht University - Faculty of Law The Netherlands, Utrecht University - Faculty of Law – Portugal, Coimbra University - Center for Social Studies, School of Economics and the ASJP – Association of the Portuguese JudgesPortugal, Coimbra University - Center for Social Studies, School of Economics and the ASJP – Association of the Portuguese Judges– Spain, the Judges for DemocracySpain, the Judges for Democracy – Financed by the European CommissionFinanced by the European Commission JLS/2007/JPEN/245JLS/2007/JPEN/245
The Challenge of The Challenge of Going DigitalGoing Digital
Some core elements of the Public Prosecutor Office
Press Charges
Drop a case
Present the case in court Propose a
sentence to the judge
Impose/negotiate a penalty withoutjudicial decision
Appeal
Prosecution
Supervise Police Investigation
Supervise enforcement procedure
Conduct Investigation
Request invest. measures from
the judge
Investigation
Enforcement
PPOPPO
PPO’s CompetencesPPO’s Competences
Press Charges
Drop a case
Present the case in court Propose a
sentence to the judge
Impose/negotiate a penalty withoutjudicial decision
Appeal
Prosecution
Supervise Police Investigation
Supervise enforcement procedure
Conduct Investigation
Request invest. measures from
the judge
Investigation
Enforcement
PPOPPO
Places and activitiesPlaces and activities
Press Charges
Drop a case
Present the case in court Propose a
sentence to the judge
Impose/negotiate a penalty withoutjudicial decision
Appeal
Prosecution
Supervise Police Investigation
Supervise enforcement procedure
Conduct Investigation
Request invest. measures from
the judge
Investigation
Enforcement
PPOPPO
ToolsTools
Press Charges
Drop a case
Present the case in court Propose a
sentence to the judge
Impose/negotiate a penalty withoutjudicial decision
Appeal
Prosecution
Supervise Police Investigation
Supervise enforcement procedure
Conduct Investigation
Request invest. measures from
the judge
Investigation
Enforcement
PPOPPO
Symbols and valuesSymbols and values
Press Charges
Drop a case
Present the case in court Propose a
sentence to the judge
Impose/negotiate a penalty withoutjudicial decision
Appeal
Prosecution
Supervise Police Investigation
Supervise enforcement procedure
Conduct Investigation
Request invest. measures from
the judge
Investigation
Enforcement
PPOPPOInvestigationsupport
tools
Wiretapping
Structured information
systems
Semantic technologies
Criminalrecords
Videoconference
recording
Prosecutionsupport
tools
Legal databases
DocumentManagement
Courtroomtechnologies
Enforcementsupport
tools
Prison records
Surveillance databases
Tagging technology
Information and Information and Communication Communication
TechnologyTechnology
ICT to support PPs’ workICT to support PPs’ work
Press Charges
Drop a case
Present the case in court Propose a
sentence to the judge
Impose/negotiate a penalty withoutjudicial decision
Appeal
Prosecution
Supervise Police Investigation
Supervise enforcement procedure
Conduct Investigation
Request invest. measures from
the judge
Investigation
Enforcement
PPOPPOInvestigationsupport
tools
Wiretapping
Structured information
systems
Semantic technologies
Criminalrecords
Videoconference
recording
Prosecutionsupport
tools
Legal databases
DocumentManagement
Courtroomtechnologies
Enforcementsupport
tools
Prison records
Surveillance databases
Tagging technology
ICT examplesICT examples
Press Charges
Drop a case
Present the case in court Propose a
sentence to the judge
Impose/negotiate a penalty withoutjudicial decision
Appeal
Prosecution
Supervise Police Investigation
Supervise enforcement procedure
Conduct Investigation
Request invest. measures from
the judge
Investigation
Enforcement
PPOPPOInvestigationsupport
tools
Wiretapping
Structured information
systems
Semantic technologies
Criminalrecords
Videoconference
recording
Prosecutionsupport
tools
Legal databases
DocumentManagement
Courtroomtechnologies
Enforcementsupport
tools
Prison records
Surveillance databases
Tagging technology
ICT for admin. and managementICT for admin. and management
Case tracking
Case management
systems
Management info systems
Full Business PPO Systems
StructuredHand-filed databases
PPO records ActivitiesDocuments, case files, recordings
Data analysis
TRADITIONALSYSTEM
PPO’sPICTURE
Use of data for managementUse of data for management
StructuredHand-filed databases
PPO records ActivitiesDocuments, case files, recordings
Data analysis
TRADITIONALSYSTEM
PPO’sPICTURE
Digital shadow
Automatic extraction
GOING DIGITAL
Structureddatabases
PPO records ActivitiesDocuments, case files, recordings
Data analysis
PPO’sPICTURE
Use of data for managementUse of data for management
PPO’sPICTURE
PPO’sPICTURE
Data quality
Focus
Control
Technical issues Technical issues
Actions
PPOsOther
InstitutionalActors
PPO’sPICTURE
Reactions
Digital ToolsUse
Perceptions
… … But not onlyBut not only
Path dependency
Institutional components
Norms
Values
Political context
Local elementsLocal elements
Technological installed base
In itinere events
Concluding Remarks (1/2)Concluding Remarks (1/2)– Technology is becoming a Technology is becoming a constitutiveconstitutive element of the element of the
Criminal Justice Service ProvisionCriminal Justice Service Provision
– This provides This provides opportunitiesopportunities to improve the to improve the management of PPOs but also management of PPOs but also challengeschallenges
– Use of ICT for management implies not only Use of ICT for management implies not only functionalfunctional changes, but has much changes, but has much deeperdeeper implicationsimplications
– Change is not limited to what PPOs and PPs Change is not limited to what PPOs and PPs dodo but but affects what they affects what they areare
– May sometime May sometime reboundrebound in directions difficult to forecast in directions difficult to forecast
Concluding Remarks (2/2)Concluding Remarks (2/2)Suggestions from the PPOs’ experiences:Suggestions from the PPOs’ experiences:
Move from top down technology driven innovation to Move from top down technology driven innovation to designdesign and and experimentation arenasexperimentation arenas
Keep in mind that ICT innovation is always more Keep in mind that ICT innovation is always more complexcomplex and and challengingchallenging than initially foreseen than initially foreseen
Always remember that the Always remember that the technicaltechnical component is the component is the ““easyeasy” one… even though it may not be that easy…” one… even though it may not be that easy…
Think ICT as a Think ICT as a plantplant and not as an element of the and not as an element of the office furniture. It needs constant office furniture. It needs constant nurturingnurturing even after even after it has been installed, it it has been installed, it growsgrows and and changeschanges with time, with time, and it may do so in and it may do so in unforeseeableunforeseeable ways. ways.
Marco VelicognaMarco Velicogna Research Institute on Judicial Systems Research Institute on Judicial Systems
Italian National Research CouncilItalian National Research CouncilIRSIG-CNRIRSIG-CNR
Thank you!
World Summit Of Prosecutors General, Attorneys GeneralWorld Summit Of Prosecutors General, Attorneys Generaland Chief Prosecutorsand Chief Prosecutors
Third edition, Bucharest, Romania, March 23-25, 2009Third edition, Bucharest, Romania, March 23-25, 2009
