Text written as support for the Open Justice edX MOOC (available in Spanish and English), developed by The Governance Lab (New York University) and Tribunal Electoral del Poder Judicial de la Federación de México.
Contents
1: From Transparency to Open Data and Open Justice 2: Open Justice Technologies and the Mindset of the Public Entrepreneur 3: Open Justice for Efficiency 4: Open Justice for Equity 5: Open Justice for Legitimacy 6: Open Justice Against Corruption 7: Open Justice Collaborations 8: Open Justice Projects - Problem Definition 9: Open Justice Projects - Risks 10: Open Justice Projects - Implementation
This is a very readable introduction to the use and development of open data databases and applications for the judicial system. It is currently bundled into the edX MOOC on Open Justice, and as far as I can tell, is not offered independently of the MOOC.
It provides a very brief conceptual introduction to open data and clearly explains the differences between Freedom of Information Acts based initiatives and Open Data based initiatives. A key chapter delves into the notion and role of the "public entrepreneur", that is to say an entrepreneur interested in developing applications to help not only justice officials and investigative journalists but also anyone interested in evaluating and improving judicial systems and making them easier to use and evaluate.
The book includes a chapter each on such important application areas as judicial systems' efficiency, equity. fairness, legitimacy (particularly as it related to court officials and staff appointments), and identification of possible corruption.
Due to the complexity and sensitivity of such data, their use and possible abuse, justice-related applications need to be developed in collaboration with an important number of stakeholders, including not only courts and other justice departments, ministeries of justice, legislative boards, journalists, non-governmental organizations (ngos) such as Transparency International, and the general public. The possibilities and challenges of such collaborations are treated throughout the book but are clearly emphasized in a chapter dedicated to this topic.
The final two chapters provide practical recommendations on how to develop open justice projects, emphasizing the importance of precisely and clearly defining the problem being tackled as well as the risks that have to be identified and navigated.
The book includes excellent case studies and examples derived from all over the world, among them fascinating projects developed in Brasil, Argentina, Costa Rica, Lithuania, Ukraine, Slovenia, US (California), UK, Kenia, and India amongst others.
This is an introductory level book written for a wide audience. Though it occasionally comes across as rather optimistic or simplistic, a more careful reading usually reveals timely caveats and warnings. For example corruption of the judicial system is a far more complicated problem to correctly identify than what the book suggests. One app suggests using the number of sentences reversed upon appeal as a possible indicator of corruption, but this assumes a system in which corruption has not touched the appeal courts themselves. In Venezuela for example, important court decisions are rarely reversed but researchers have suggested that the surprisingly few cases the government has lost when sued by private citizens, opposition parties or ngos clearly point to a far from fair system.
Highly recommended for anyone interested in improving justice systems.