INTEGRATED JUSTICE SYSTEM: A KEY SOLUTION TO GOOD GOVERNANCE By: Ma. Bernadette B.

Bautista* ABSTRACT
Providing justice for all Filipinos from different walks of life are the utmost goal of the Philippine Criminal Justice System. It is supposed to deliver prompt justice with fairness and impartiality. However, with the current manual data management in the justice sector (participated by the agencies from the Department of Justice, Department of Interior and Local Government and the Judiciary), the public seeking for legal assistance, more often than not, felt dissatisfied with the services they received. The justice sector does not come close to serving what is required because currently, there is no system in place that provides interconnection among themselves. The fragmented justice system lead to inefficient and ineffective administration of justice resulting to huge gaps in investigative and prosecutorial processes. Dependency on paper-based information systems cause the congestion due to the delays in the handling and resolution of incidents and cases. Data redundancies and/or data conflicts are unavoidable circumstances as justice sector agencies operate individually while maintaining its own data. Major information breaches in the operational capacities and the loss of data transparencies often times lead to corruption. This paper presents the current situation of the Philippine Criminal Justice System and the vital role of technology in harmonizing and integrating the entire justice sector to promptly and efficiently share information with each other. It involves discussions on the effects of a decentralized structure and how an integrated justice system could address the need for a single platform that provides a functional organization while at all times respecting due process and the separation of powers. Success stories from other countries are also presented to show how they were able to improve transparency and transformed their public service delivery through system integration. With this, it is believed that integrating justice through an effective technology management can solve the chaotic criminal justice system in the Philippines by providing available and reliable crime information to the general public, thus, alleviate futility, increase efficiency and accountability, achieve good governance and most importantly, deliver equal justice to all.

* The author is currently the Chief IT Officer of the Department of Justice and a member of the academe. She is currently pursuing her Doctoral Degree in Technology Management at the Technological University of the Philippines

Introduction The Criminal Justice System in the Philippines has been running on a fragmented system whereby the management of incidents, complaints and cases among the different member agencies are done separately. At present, agencies developed their information systems in a stand-alone environment. The National Bureau of Investigation (NBI) developed their Criminal Case History Database, the Bureau of Immigration (BI) maintains their derogatory records of foreigners and nationals while the National Prosecution Service (NPS) has its own Complaints Information System. The agencies involve in the Corrections System such as the Bureau of Corrections (BuCor), Parole and Probation Administration (PPA), Board of Pardons and Parole (BPP) and the Bureau of Jail Management and Penology (BJMP) also maintain separate systems involving prisoners. The Philippine National Police developed its eBlotter and the Supreme Court has its own version of Case Management Information System (CMIS). With the islands of systems developed by the different agencies to rationalize information for their organizations, one could clearly visualize the absence of framework for data sharing and electronic exchange despite all belonging to one sector. Manual handling of data often times led to a chaotic justice environment where people are misled and deprived of knowing the truth. Delivering justice is relatively slow, unreliable information is given due to lack of transparency. Gathering of information, accessing and retrieving of relevant data from the different agencies concerned requires exhaustive efforts resulting in information inconsistencies and data redundancies. These circumstances had
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led to the confusion of the public such that according to the Philippines desk, Asian Human Rights Commission, Hong Kong [2007] victims and witnesses became unwilling to lodge complaints, file charges, support prosecutions because of its absolute lack of confidence in the Philippine Criminal Justice System. Can an integrated justice system solve the chaotic Philippine criminal justice system that has been running independently with each other since time immemorial? Yes, it is strongly believed that the advances in information

technology can provide a solution to the growing public demands for justice information. Integrating the different agencies involved in delivering justice to the people means that even though justice agencies are running separately with each other, with the aid of the current technology, a single portal can be established to interconnect them thereby providing transparency and producing more reliable information. Thus, the idea of establishing a National Justice Information System (NJIS) through the initiative of the Department of Justice (DOJ) was conceptualized. The NJIS aims to interconnect all the attached agencies of the DOJ and thereafter all the government agencies involved in the Philippine Criminal Justice System. Data on crimes, offenders, victims, law enforcement, courts, corrections and other fields will be collected, analyzed and inputted for appropriate policy and operational responses. Hence, data

redundancy will be eliminated, manually collective information will be reduced if not eliminated, and accuracy and timeliness of criminal justice data will be achieved.
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However, contrary to what many believe that integrating criminal justice record will solve the chaos, MacLellan [2006] believes that integrating criminal justice records is a clear violation of privacy protections. Major improvements in justice information sharing would only allow criminal and civil justice records to be shared, synthesized, sold, and analyzed at speeds and with an ease not previously imagined. He further disclosed that in addition to many public safety benefits, these improvements can have negative impacts because the sharing of information concerning victims, witnesses, law enforcement, court, and other justice personnel potentially exposes them to harm. Eliminating Corruption with Information Technology It has always been said that the justice system is a failure in this country. Indeed, the present chaotic justice system had brought about negative images not only to the Filipinos but to the world as well. Corruption as the term implies is always associated with the system due to lack of transparencies in handling cases resulting in the loss of public trust. It cuts across all forms in the government more specifically in the justice sector. The mere absence of transparency gives the opportunity to an increasing corruption. In one of the UNAFEI publications, Cabarios [2012] stated that the

specific problems relating to corruption in the criminal justice system is due to lack of proper coordination between the investigators, prosecutors, judges and witnesses. This is absolutely true for the transferring of information from one office to another is done manually where clogging and/or congestion of cases occurs. Since cases for investigation are piling up, there is an expected delay in
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the disposition of cases. In the publication Ethics in Action, Dabhoiwala [2011] stated that information technology can be used to eliminate corruption. She further disclosed that in response to a food scandal in Uttar Pradesh of Northern India, the State Food Commissioner digitized the entire list of card-holders and weeded out 400,000 fake cards. To stop pilferage, they even decided to fit in Global Positioning System (GPS) devices in trucks and fuel tankers to track their movements. These are both important steps in reducing opportunities for

corruption, as well as increasing efficiency, particularly as much corruption takes place in India due to a existing atmosphere of contentment and certainty. Technology on a Fragmented Justice System The fragmented justice system can be one of the major sources of corruption in the Philippine setting. Rich offenders remained free for an under the table fee. This can be easily done because concerned agencies do not have the capacity to quickly and efficiently communicate with each other. Months, and sometimes years, unfortunately pass before suspects are adjudicated and incarcerated. In presenting of cases by the prosecution to the court alone, there are instances wherein evidences or even case folders containing the inspection of accounts are missing. There are reports where case resolutions are being sold and decisions are altered due to lack of transparency. Nevertheless, a fragmented justice system is a global phenomenon and could not be attributed to the Philippines alone. In the United Kingdom, Bromby
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and Centre [2004] stated that their criminal justice community comprises a vast number of agencies, each maintaining information management systems. Information Technology providers had problems of ensuring security and interoperability within the agencies of the criminal justice arena. As a solution to this, the Scottish government had come up with a solution called Integration of Scottish Criminal Justice Information Systems (ISCJIS) that provides links between the various information technology systems of the Scottish criminal justice organizations. Technology: A Driving Force in Ensuring Transparency The significance of transparency in any government is an issue that should not be neglected because it correlates with democracy. Strand [2010] stated that in order for democracy to function, citizens must have access to public information. Access to information and transparency concerning governance are prerequisites for democracy. It is also a key tool in the fight against corruption as it allows individuals to exercise their political and civil rights, challenge or influence public policies, monitor the quality of public spending and demand accountability. Strand [2010] further disclosed that Information and Communication Technology (ICT) may not be a magic bullet in ensuring greater transparency and less corruption but the Swedish Program for ICT in Developing Regions (SPIDER) is convinced that it has a significant role in improving transparency in the public sector by increasing the coordination, dissemination and administrative capacity of the public sectors, as well as improve service delivery by employing
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user-friendly administrative systems. ICT facilitates the collection of digital footprints and complete audit trail which increase the opportunity to hold individuals accountable and ultimately increase the possibility to detect corrupt practices. It can also facilitate the work of civil society organization working towards greater transparency and against corruption by supporting a mix of methods of campaigning on transparency and educating citizens on what corruption is about and their civil rights. In addition, ICT can facilitate information sharing and social mobilization and ultimately provide digital platforms where citizens can report incidents anonymously. Seamless Integrated Criminal Justice Information Aside from the demand and the clamor of the general public to have seamless information from the criminal justice sector, there have been vast governmental initiatives coupled with the development of new technologies. Although Garcia, Schneider and Pardo [2004] stated that information sharing is indeed a relatively new challenge for public agencies but justice agencies, in particular, need to share information in a timely and effective way in order to secure public safety. As a result, a number of efforts within the justice community are seeking to build knowledge and understanding about information integration. Garcia, Schneider and Pardo [2004] further disclosed that in Marin County, California, there exists a Criminal Justice Information System (CJIS) since 1984 which then grew into five county effort over time. Key officials from Kern, Marin and San Joaquin counties pooled their financial resources to develop an integrated system. This cooperative approach has worked very well for the
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counties involved. With their success, the CJIS has become the national model for cooperation in criminal justice information integration. It is an example of inter-organizational cooperation and resource sharing. Morton [2001] stated that integration is necessary because access to the right information at the right time is critical for the effective operation of criminal justice agencies. Basically, an integrated criminal justice information system uses technology to allow the seamless sharing of information. The information shared includes all criminal related data, including photographs, fingerprints, DNA identification records, case records, court calendars, electronic messages and documents. In addition, Morton [2001] further revealed that in 1994, the Kansas Criminal Justice Information System (KCJIS) grew out of a need to improve criminal history records to comply with sentencing guidelines and the federal Brady Acts background searches for gun purchases. A strategic plan was

conceptualized in 1996 and the system becomes operable in 1997 providing state criminal history information to court services offices, community correction officers and parole officers. In 1998, Live Scan computers were installed to

connect an electronic fingerprint system directly to the new Automated Fingerprint Identification System and in December 1999, the state of Kansas was authorized by the Federal Bureau of Investigation to access federal databases via the internet. Harris [2000] stated that the dawn of the new millennium marks an
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exciting time for the nations justice community, as it embraces more enthusiastic than ever before advance information technology and the integration of information systems. Harris [2000] also disclosed that Colorado Integrated Criminal Justice Information System (CICJIS) which went live in May 1998 uses state-of-the-art technology including advanced middleware products to integrate existing statewide criminal justice information systems from the Department of Public Safety, Colorado District Attorneys Council, Department of Corrections, Judicial Branch, and Department of Human Services. The CICJIS was able to overcome the concern of the agencies concerned about sacrificing functionality and autonomy to participate in an integrated system by allowing the individual agencies to maintain information systems that meet their daily, operational business needs and accomplishing integration through linkages and data transfer. Handling Risks in Justice Integration Contrary to the success stories of the above-mentioned existing integrated criminal justice systems, MacLellan [2006] is more concern in protecting privacy in integrated justice systems. He stated that the full implications of improved justice information sharing are not yet known and the challenge is that state privacy policies have not kept pace with technological advances. To support his contentions, MacLellan [2006] cited an example that brought risks to individuals because of the illicit insider use of information. An
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incident happened in December 2002 when former U.S. Drug Enforcement Administration agent Emilio Calatayud was sentenced to prison and fined on charges of using protected law enforcement computer systems and databases. He sold obtained information from these protected systems to a Los Angeles private investigation firm for at least $22,500.00. Another example that MacLellan [2006] uncovered in his paper is the risks to individuals because of access to juvenile records. In the past, states have taken great measures to protect information related to juveniles and minors in the justice system. However, improvements in information sharing quickly erode these protections. In Iowa courts, the records, regardless of the final disposition whether guilty or not guilty verdicts, are available for free and for purchase on the Internet for all cases involving individuals 10 years or older. As an example, the case records of a 14-year-old child who was charged but not convicted of stealing a car are still available to a potential employer who may, based on the charge alone and not the disposition, opt not to hire that individual later in life. The advances of information sharing become effortless and this information will always be available to potential employers. Indeed, it is now a practice for many businesses to conduct extensive background checks even for entry-level jobs. Kendall [2009] stated that the justice system has been gathering, analyzing, and passing information from one component to another since the justice process began. He said that the effects on an individuals interest in privacy of too much information, easy, instantaneous access to vast quantities of information, and the analytical capabilities of todays technology is yet to
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determine. It is to be seen whether the increased access to information and the ability to relate disparate pieces of a persons information results in a distorted and inaccurate picture of that person. All the above-cited risks are clear cautions in ensuring reliability in the integration of the Philippine criminal justice sector with the use of technology. Although there are issues that need to be determined, it is crucial to begin examining the distinctive aspects of collecting, building and sharing information in the justice system taking into consideration the implications on individual privacy. Conclusion Public trust in the Philippines justice system is negatively impacted by corruption due to the absence of transparency and availability of not only timely, but also accurate and complete information. Several years back, many countries have already undertaken the integration of their information services in support of the law enforcement, prosecutorial, court and correctional services provided within their borders. Some were able to implement the integration smoothly with the support of their government while others even learned valuable lessons the hard way. The Philippine justice sector spearheaded by the DOJ had taken the challenge in responding to the growing demands of the justice community by developing the countrys very own integrated justice information systems through the NJIS. It is firmly believed that information integration is one of the most significant ways to revolutionize the image of the justice sector. This can be
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clearly achieved with the advances in technology that have changed the way people live and work. In the present era, world-wide communication and access to information 24 hours a day, 7 days a week become very normal and so the criminal justice community is no exception to the effects of this change. Undeniably, integrating information technology systems from the different justice sector agencies across the country will never be easy. Several barriers like resistance to technological changes, data incompatibilities, organizational diversities and institutional complexities are just a few of the major challenges that still need to ponder on. Looking positively in all these possible stumbling blocks, one of the strongest motivations in pursuing the systems integration is the all out support from the Philippine government. In support of this major technological innovation as proposed by the DOJ, incumbent President Benigno C. Aquino III made it as one of his administrations commitment to the Open Government Partnership, a multilateral initiative that aims to promote, among other things, transparency and technology use among participating nations. The Aquino administration clearly believes that there is a clear need to interconnect all the agencies involve to facilitate efficient reporting and recording of incidents and complaints, track and monitor cases in the justice system from end-to-end. The NJIS is indeed a dream project not only for the DOJ but for the entire country as well. Harmonizing and integrating all justice sector agency systems can shorter case cycle time, eliminate lost case files, deliver greater disposition
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of cases through the system, provide better prioritization of cases involving young offenders, women and children, convict the guilty and mostly eradicate the face of corruption in the Philippine justice system. Is the Philippines ready for the digitized justice system? That remains to be seen but it is firmly believed that despite all the challenges at hand, with the utmost support from the government and the use of an effective technology management, a speedy delivery of justice that is truly responsive to the escalating demands of the changing times will soon be achieved.

References
1. Attorney General's Advisory Committee of United States Attorneys. "Justice Information Sharing Initiatives". October 2004 2. Booker, Queen Esther; Kitchens, Fred L., Rebman, Jr., Carl M., An Exploratory Study of Best Practices for Implementing Integrated Justice Systems: Comparing the Perceptions between Administrators of Failed and Successful Implementations 3. Bromby, Michael and Centre, Joseph Bell. Criminal Justice Information Management Systems: Past, Present and Future. http://papers.ssrn.com/sol3/ papers.cfm?abstract_id=1562657. Accessed July 5, 2012 4. Cabarios, Froilan L. Corruption Control in the Criminal Justice System of the Philippines. March 2012. Unafei. http://www.unafei.or.jp/english/pdf/ PDF_rms/no76/20_p171-179.pdf. Accessed August 11, 2012 5. Dabhoiwala, Meryam. Ethics in Action. Vol. 5 No. 2 - April 2011. A Reflection on Corruption in India http://www.ethicsinaction.asia/archive/2011-ethics-inaction/vol.-5-no.-2-april-2011/a-reflection-on-corruption-in-india 6. Garcia, J. Ramon; Schneider, Carrie; Pardo, Theresa. Effective Strategies in Justice Information Integation : A Brief Current Practices Review. July 2004 7. Grnlund, Ake; Heacock, Sasaki, Rebekah & David; Hellstrm, Johan, Al-Saqaf, Walid; Strand, Cecilia. Increasing Transparency & Fighting Corruption through ICT Empowering People & Communities. Stockholm. 2010 8. Harbitter, Dr. Alan. "A Critical Look at Centralized and Distributed Applications Large Scale Justice Information Sharing Applications" http://www.it.ojp.gov/ fusioncenterguidelines/critical_look_at_Centralized_and_Distributed_Strategies. pdf. Accessed July 5, 2012 9. Harris, Kelly J. "Governance Structures, Roles and Responsibilities." September 2000 10. IJIS Institute. Security and Privacy White Paper. "Using Technology to Improve Privacy Protection in Justice Information Systems." July 2009
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11. MacLellan, Thomas. Protecting Privacy in Integrated Justice Systems. NGA Centre for Best Practices 12. Morton, Heather. Integrated Criminal Justice Systems. November 2001 13. National Security Council. National Strategy for Information Sharing. 2007 http://www.whitehouse.gov/nsc/infosharing/index.html. Accessed July 25, 2012 14. U.S. Department of Justice Information Technology Initiatives (2008), Global Federated Identity and Privilege Management http://www.it.ojp.gov/topic.jsp?topic_id=248. Accessed July 25, 2012 15. U.S. Department of Justice Information Technology Initiatives. Global Federated Identity and Privilege Management. 2008. http://www.it.ojp.gov/topic.jsp? topic_id=248. Accessed July 25, 2012 16. Vol. 06 - No. 01 February 2007 - Special Report: The Criminal Justice System of the Philippines is Rotten." http://www.article2.org/mainfile.php/0601. Accessed July 5, 2012

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