The 10 Principles for Criminal Justice Technology

As technology for court-involved individuals becomes more common, it is important that users and implementers of technology in the criminal justice industry have a common set of principles for design, selection and implementation, especially given the varied background of individuals working in this space.

1. Technology should be humane first

Technology should be designed to first consider the people using it and the experiential impact on them.

• It should be comfortable, minimally-intrusive, and non-stigmatizing
• It should add to quality of life rather than diminish it
• To the extent possible, it should reinforce positive behaviour rather than punishing

2. Technology should be inclusive

The criminal justice system is already affected by the huge inequalities present in our society, so as we use technology to enhance and improve the system, it is important that it does not widen that gap.

• Technology should be at no-cost to the defendant
• The experience should be accessible, including considerations such as languages; different abilities; different levels of technical and language literacy; different access to technology such as phones, computers, the internet, etc.

3. Technology should be implemented with true consent

Because court-involved individuals are in a vulnerable period, having a difficult to understand consent form is not sufficient for someone to know what they are agreeing to, how it will impact their lives, and how their data will be shared.

• The technology must be explained to court-involved users using simple language — ideally in multiple formats — detailing the impact it will have on their lives

4. Problems should drive technology

We should use technology when there are problems in search of a solution, rather than solutions in search of a problem. It is important to first assess the needs of an organization, team, and/or individual and then find technologies that help meet these needs.

• Include all stakeholders and roles, not just the implementers
• Define specific objectives before selecting or creating technology
• Define what success looks like for each stakeholder
• Technology should facilitate and strengthen relationships and processes rather than replacing them, while still allowing for the processes to change for the better

5. Less is more

Technology should achieve the programmatic needs in the simplest and least intrusive way possible.

• Technology should be flexible and customizable so that users are only given and asked to do what is necessary for their circumstances.
• Data is a liability — too much data is both inefficient and creates ethical issues for the individual whose data is being collected. The technology should only collect the data required to achieve the end goal

6. Technology should be sustainable

Technology needs frequent maintenance which is often overlooked when planning a project.

• Use an off-the-shelf option that has a history of being implemented by others whenever possible
• When selecting vendors, future support of the product should be kept in mind

7. Work with vendors with a common vision

Knowing that the technology will reflect the vision and ideas of the vendor, when possible choose those who have a vision that aligns with that of the of the organization.

8. Start small

Always test technology thoroughly, and don’t assume that it works as demoed. Small pilots allow the user to explore the functionality in practice.

• Define what success for the pilot looks like, and what data is needed to measure success
• Test quickly and cheaply with off-the-shelf options — even if they aren’t perfect — and a population that will be minimally impacted
• Where possible, use tools to automate tests

9. Know what technology does, and doesn’t do

Every court actor should have a realistic understanding of what the technology does do, and what it doesn’t do.

• Courts and other stakeholders should understand what the technology does, how it impacts all stakeholders, and the realistic limitations of the technology
• Data alone should not be used to re-incarcerate someone because of the practical limitations of many technologies

10. Be prepared to pivot

One can find early on in a project that the problems are not being solved, or new problems are being introduced!

• Constantly get feedback from all the users
• As needs change or new ones surface, be prepared to pivot the project to new technology or non-technology solutions
• Be comfortable admitting failure and restarting as needed