Sentencing and information management: consistency and the particularities of a case

  • Authors:
  • Marius J. A. Duker;Arno R. Lodder

  • Affiliations:
  • Computer/Law Institute - Vrije Universiteit Amsterdam, De Boelelaan 1105 - 1081 HV Amsterdam, The Netherlands;Computer/Law Institute - Vrije Universiteit Amsterdam, De Boelelaan 1105 - 1081 HV Amsterdam, The Netherlands

  • Venue:
  • ICAIL '99 Proceedings of the 7th international conference on Artificial intelligence and law
  • Year:
  • 1999

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Abstract

Sentencing practice is often considered inconsistent. The use of IT and AI to support sentencing decisions in order to make them more consistent, deserves a lot of attention nowadays. The movement for more fair and consistent sentencing in the Netherlands led to the development of several JDSSs (Judicial Decision Support System) that already are or shortly will be used by the Public Prosecution and the Judiciary. Criticism towards the use of IT and AI for this sentencing purpose is often directed at the resulting standardization that tends to overlook individualized sentencing.In this paper we describe the current situation of computerization in the domain of criminal justice. We address information management within the criminal justice chain (police— 'public prosecution'—judge). Current practice is evaluated and future developments are addressed.We argue that information management and electronic versions of case files could help in providing especially the judge with more relevant information. This could lead to effective consult of two main aspects of criminal cases: establishing the facts and obeying procedural rules.