Future-proofing justice: building a research agenda to address the effects of technological change on the protection of constitutional rights

10 January 2017

New technologies have changed the types of data that are routinely collected about citizens on a daily basis. For example, smart devices collect location and communication data, and fitness trackers and medical devices capture physiological and other data. As technology changes, new portable and connected devices have the potential to gather even more information. Such data have great potential utility in criminal justice proceedings, and they are already being used in case preparations, plea negotiations, and trials. But the broad expansion of technological capability also has the potential to stress approaches for ensuring that individuals' constitutional rights are protected through legal processes.

In an effort to consider those implications, we convened a panel of criminal justice practitioners, legal scholars, and individuals from the civil liberties community to identify research and other needs to prepare the U.S. legal system both for technologies we are seeing today and for technologies we are likely to see in the future. Through structured brainstorming, the panel explored a wide range of potential issues regarding these technologies, from evidentiary and procedural concerns to questions about the technologies' accuracy and efficient use. Via a Delphi-based prioritization of the results, the panel crafted a research agenda — including best practice and training development, evaluation, and fundamental research efforts — to provide the criminal justice community with the knowledge and capabilities needed to address these important and complex technological questions going forward.

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Brian A. Jackson, Duren Banks, Dulani Woods, Justin C. Dawson, 2017, Future-proofing justice: building a research agenda to address the effects of technological change on the protection of constitutional rights, RAND Corporation, viewed 25 April 2017, <http://apo.org.au/node/72553>.

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