Decision-aiding software, the underpinning of computer-aided
judicial analysis, can facilitate the prediction of how cases are
likely to be decided, prescribe decisions that should be reached in
such cases, and help administrate more efficiently the court
process. It can do so, says Nagel, by listing past cases on each
row of a spreadsheet matrix, by listing predictive criteria in the
columns, and in general by showing for each factual element the
estimated probability of winning a case. The software aggregates
the information available and deduces likely outcomes. But it can
also prescribe judicial decisions by listing alternatives in the
rows, the goals to be achieved in the columns, and by showing
relations between alternatives in the cells. By similar means
decision-aiding software can also help perform administrative
tasks, such as rationally assigning judges or other personnel to
cases, and by sequencing cases to reduce the time consumed by each
case.
In Part I, Nagel provides an overview of computer-aided analysis
and the role of decision-aiding software in the legal process. In
the second part he deals with judicial prediction from prior cases
and from present facts; and in the third part he emphasizes the
prescribing role of judges, particularly in deciding the rules that
ought to be applied in civil and criminal procedures. Nagel also
covers computer-aided mediation and provides a new perspective on
judicial decisions. Then, in Part IV, he treats at length the
process of judicial administration and how to improve its
efficiency. Of particular interest to court personnel will be the
benefits to be derived from reducing delays and in the docketing
and sequencing of cases.
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