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Whether instructions are provided to the accused regarding their rights at a
plea hearing or at the first trial hearing;
The frequency and use of custody in criminal cases, as well as the duration of
pre-trial custody (note that this latter issue may require court documents);
The ability of the public to access the courthouse or courtroom; and
Any other procedures or practices that are mandated by procedure codes or
otherwise proscribed in connection with a specific type of hearing.
In monitoring and reporting using a hearing-based approach, programmes must
be careful not to draw conclusions that are not supported by the methodology (for
instance, drawing conclusions regarding the effectiveness of defence counsel based on
monitoring one hearing out of a long trial may be problematic). It is also true that
monitoring a case from start to finish will increase both the scope of issues that may be
monitored in a given case, and also provide a greater depth of analysis. Nevertheless,
hearing-based monitoring, when carefully structured, provides a powerful methodology to make important findings regarding the administration of justice without having
to make definitive conclusions regarding the application of fair-trial standards in individual cases.
6.5 Information management and internal reporting
Internal systems to manage information are critical to the capacity of a programme to
synthesize case reports, make conclusions, and publish reports. As programmes grow
in size and the volume and complexity of reporting increases, information management becomes increasingly important. A programme with 15 monitors may produce as
many as 50 case reports a week. Smaller programmes will also accumulate significant
reporting data over time. The ability of a programme to efficiently access case information, identify and quantify trends, and form meaningful conclusions to be published
requires the creation of internal systems. Without an internal system to manage information, at best monitoring reports will be overlooked, and at worst conclusions may
not reflect the body of monitoring data. This section provides an overview of information management techniques, including secondary internal reporting and other case
management systems.
6.5.1 Secondary internal reporting
Secondary reporting allows programmes to regularly synthesize case reporting into
public reports, as well as organize information for other purposes of the programme.
Secondary internal reporting takes two basic forms: 1) internal reporting by legal advisers; and 2) other reporting by monitors.
Internal reporting by legal analysts
Internal reporting by legal analysts or advisers has a number of functions that should
be considered by all programmes in determining the frequency and content of such
reporting. These functions include ensuring:
Trial-Monitoring: A Reference Manual for Practitioners
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