A computer software system, which helps judges determine
sentences in criminal cases in east China's Shandong Province continues to stir
debate.
"Each criminal sentence has its own peculiarities and requires
human judgment. If computer systems are used to pass sentences,
judges might become mere craftsman using tools", said Wei
Zhensheng, lawyer with Beijing Zhongtong lawyer office.
"Judges should always be the decision-maker in court, and
computer programs should only be used to assist a judge's work,"
the Beijing News quoted Shao Wenhong, an official with
China's Supreme Court, as saying.
The computer system, jointly written by two software companies
and the Zichuan District Court in Shandong Province, contains a
database of laws, legal precedents and judicial interpretations
based on more than 7,000 cases that were heard between 2001 and
2005. Two thousand of the cases were heard in local district
courts.
Judges type in the details of a case and within a minute the
computer system will provide a suggestion on the length of a
sentence. Judges still have the discretion to adjust the sentence
based on their own understanding of the particular case.
The software system has been used in 1,500 criminal cases and
none of those who were sentenced has sought an appeal.
Zheng Feng, one of the judges in Zichuan District Court, showed
how the program worked using the example of a case in which four
people were assaulted. When Zheng inputs "provoke a fight" and the
computer provides the advice: "basic sentence should be six months
if two people are injured... when more than two people are injured,
the accused should receive an additional three months for each
victim." This provides a recommended sentence of 12 months. Then
Zheng types in "the accused has no previous crime record and paid
compensation to the victims", the computer advises, "commute one to
two months".
Finally the panel of judges decides to impose a jail term of
11-months.
Man Zhiqiang, vice president of Zichuan District Court, defended
the computer program, saying it only serves as a reference for
judges and "the judge is the most important person in court."
"The judge does more than pass sentences in court, he or she has
other important duties including authenticating facts and
evidence," said Man, adding that the workload of judges has not
been significantly reduced by the computer program.
Local judges say the software is "helpful", saving time and
preventing manipulation or interference in cases.
"We see the system as progress. However, we also realize that it
is very difficult to pass sentences by relying solely on digital
programs," said Wang Hongmei, a presiding judge with Zichuan
District Court.
(Xinhua News Agency March 10, 2007)