CHAPTER ONE

GENERAL INTRODUCTION

The evolution of technology directly affects the way the criminal justice system operates at fundamental levels. A wide range of technologies are employed in support of the justice system, including telephony, database management software, computers, automobiles, and weapons. The adoption and implementation of technology also directly shapes the policies and practices of the justice system. For example, the development of modern communications and transportation technologies in the early 1900s increased the response capability of police and changed citizen calls for service. Computers and cellular technologies have increased the capacity of data processing, information sharing, and communications within and across agencies. The increasing societal dependence on the Internet and computer-mediated communications have led law enforcement to develop tools to investigate offenses online. Thus, technology plays a pivotal role in the justice system, though a majority of researchers focus on the implementation and effect of technologies in law enforcement agencies.

There are a number of general texts on the role and use of technology in the criminal justice system. Due to the rapid and significant changes in technology over the past two decades, it is difficult to find particularly current works on the topic. In addition, given the depth and variety of technologies used throughout the system, their depth of content is variable. Both Byrne and Marx 2011 and Foster 2005 provide an introductory overview to the range of technologies used across law enforcement agencies with particular emphasis on communications technology. Schwabe, et al. 2001 provides an overview on the factors affecting the adoption of technologies in state and local law enforcement agencies. Feigenson and Spiesel 2009 give an interesting and up-to-date exploration of the application of technology in courtrooms and its prospective impact on the judicial process generally. Stambaugh, et al. 2001 provides an important exposition on the issues facing law enforcement in order to investigate cybercrimes. Moriarty 2005 and Pattavina 2004 provide explorations on a range of technologies used by police, courts, and corrections.

Byrne, James, and Gary Marx. 2011. Technological innovations in crime prevention and policing: A review of the research on implementation and impact. Journal of Police Studies 3.20: 17–40.

This recent article provides an overview of the innovations applied across police agencies in the past decade and attempts to understand why specific resources are adopted relative to their impact on the field and citizens generally.

Feigenson, Neal, and Christina Spiesel. 2009. Law on display: The digital transformation of legal persuasion and judgment. New York: New York Univ. Press.

This book provides a very robust discussion of the use of visual and multimedia digital technologies by lawyers and their effect on judges, juries, and the larger public as a whole. In particular, they consider how the implementation of visual media influences the presentation of evidence and the value of virtual courts and telecommunications to engender the legal process using actual trials as case examples.

Foster, Raymond E. 2005. Police technology. Upper Saddle River, NJ: Prentice Hall.

Overview of the communications, database, vehicle, and weapons technologies employed by law enforcement, with a brief discussion of the evolution of these resources over time. This text would be appropriate for law enforcement courses at all levels.

Moriarty, Laura J., ed. 2005. Criminal justice technology in the 21st century. 2d ed. Springfield, IL: Charles C. Thomas.

Edited volume providing approachable reviews and research on the use of technology in all facets of the criminal justice system by various authors in the field. This work addresses the technologies used not only by law enforcement but correctional facilities and criminal justice educators as well. There is also some exploration of technologies to facilitate both real-world and digital forensic investigation.

Pattavina, April, ed. 2004. Information technology and the criminal justice system. Thousand Oaks, CA: SAGE.

This edited text provides a substantive overview on the adoption of various technologies across the criminal justice system using original research. The significant research focus of this text makes it appropriate for advanced undergraduate and graduate student audiences.

Schwabe, William, Lois M. Davis, and Brian A. Jackson. 2001. Challenges and choices for crime-fighting technology: Federal support of state and local law enforcement. Santa Monica, CA: RAND.

Pertinent overview of the state of technology use in law enforcement agencies at all phases of investigation from first response to forensic investigation of evidence, along with evaluation and assessment of the deployment of various technologies in the field.

Technology and the justice system are two distinct but interconnected areas. Technological advancements have had a significant impact on the justice system, transforming various aspects of legal processes and improving efficiency, accessibility, and transparency. Here’s an overview of the background of technology and the justice system:

1:1 Background of Technology

The rapid advancement of technology, particularly the digital revolution, has revolutionized various industries, including the legal sector. The proliferation of computers, the internet, and digital devices has transformed the way people access, process, and share information.

Technology has enabled the digitization and management of vast amounts of legal information, including laws, regulations, case precedents, and legal research materials. Online databases and digital libraries provide legal professionals with quick and easy access to a wide range of legal resources.

Technology has enhanced communication and collaboration among legal professionals. Email, instant messaging, video conferencing, and collaborative platforms facilitate seamless communication, enabling lawyers, judges, and other stakeholders to interact and work together more efficiently.

Technology has automated various manual and time-consuming tasks in the legal field. Document management systems, case management software, and legal research tools streamline processes, reduce paperwork, and improve overall efficiency.

The internet has democratized access to legal information. Online legal resources, legal blogs, and legal research platforms have made legal information more accessible to the general public, empowering individuals to understand their rights and navigate legal processes.

Background of the Justice System:

Different countries have varied legal systems, such as common law, civil law, or a combination of both. These systems provide the framework for the administration of justice, including the interpretation and application of laws, the structure of courts, and the roles of legal professionals.

The justice system typically consists of a hierarchical court structure. Courts at different levels, such as trial courts, appellate courts, and supreme courts, handle different types of cases and ensure the fair and impartial resolution of disputes.

Legal professionals, including judges, lawyers, prosecutors, and legal scholars, play vital roles in the justice system. They interpret laws, represent clients, present evidence, argue cases, and administer justice according to established legal principles.

Fundamental principles of the justice system include due process and the right to a fair trial. These principles ensure that individuals involved in legal proceedings are treated fairly, have access to legal representation, and are provided an opportunity to present their case and challenge evidence against them.

Justice systems undergo periodic reforms to adapt to societal changes, improve access to justice, and enhance efficiency. Reforms may include changes in legislation, court procedures, alternative dispute resolution mechanisms, and the adoption of technology to streamline processes.

1:2 Problem of statement

The integration of technology into the justice system has the potential to improve access to justice, enhance efficiency, and promote transparency. However, it also raises new challenges, such as data security, privacy concerns, and the need to ensure equal access to technology

The integration of technology into the criminal justice system has introduced both opportunities and challenges. While technology has the potential to enhance efficiency, accuracy, and accessibility, it also raises concerns that need to be addressed to ensure fairness, transparency, and the protection of individuals’ rights.

1. Technological Bias and Discrimination: There is a risk that technology used in the criminal justice system, such as predictive algorithms or facial recognition software, may perpetuate existing biases and discrimination. Biased data or flawed algorithms can lead to unfair targeting, profiling, or sentencing of certain individuals or communities, disproportionately impacting marginalized groups.
2. Lack of Explainability and Transparency: The use of complex algorithms or AI systems in decision-making processes, such as risk assessments or parole determinations, can lack transparency and make it difficult to understand how certain judgments are reached. This lack of explainability hinders individuals’ ability to challenge or question decisions, potentially compromising due process and accountability.
3. Privacy and Data Security: The adoption of technology in the criminal justice system involves the collection, storage, and analysis of vast amounts of personal data. Ensuring the privacy and security of this data is crucial to prevent unauthorized access, breaches, or misuse that could compromise individuals’ rights and expose sensitive information.
4. Inequality and Access to Justice: While technology can improve access to justice by enabling remote hearings or digital legal services, it may create disparities for marginalized communities or individuals with limited resources. The digital divide, including inadequate internet access or lack of technological literacy, can hinder equal participation in the justice system and exacerbate existing inequalities.
5. Reliability and Accuracy: The reliability and accuracy of technology used in criminal investigations and evidence analysis are critical for ensuring fair outcomes. Errors, glitches, or improper use of technology can lead to wrongful convictions or unreliable evidence, undermining the integrity of the criminal justice system.

Addressing these challenges requires careful consideration of ethical, legal, and technical aspects. It necessitates the development of guidelines, standards, and regulations to ensure the responsible and unbiased use of technology in the criminal justice system. Ongoing evaluation, transparency, and public scrutiny are essential to identify and rectify any issues that arise from the intersection of technology and criminal justice, ultimately striving for a system that upholds justice and protects individuals’ rights.all participants in the justice system.

1:3 Research Questions

Here are some research questions related to the intersection of technology and the criminal justice system in Cameroon:

1. What is the current state of technology adoption in the criminal justice system in Cameroon?
2. What are the potential benefits and challenges of integrating technology into various aspects of the criminal justice system in Cameroon?
3. How does the use of technology, such as predictive algorithms or facial recognition, impact the fairness and accuracy of criminal investigations and prosecutions in Cameroon?
4. What are the ethical considerations and legal frameworks surrounding the use of technology in the criminal justice system in Cameroon?

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