Justice System
Race-based profiling. Supports legislation requiring the systematic collection and annual reporting of certain data by all law enforcement agencies that engage in traffic stops, including the race and ethnicity of each person stopped. Supports legislation that requires the U.S. Department of Justice and attorneys-general to undertake a study using the data to determine whether, how, and the degree to which race-based profiling or other methods that disproportionately target or affect persons of color are being employed by law enforcement authorities, and to identify the most efficient and effective method of ending such practices. 99A10A (Aug. 1999)
Representation for Indigents. Recommends that all jurisdictions ensure that defendants are represented by counsel at their initial judicial appearance where bail is set and that each jurisdiction provide adequate resources to support effective implementation of such representation by counsel for indigent defendants. 98A112D (Nov. 1998)
Victims of Crimes Restitution and Programs. Urges trial judges to encourage processes which inform and educate victims of crimes about programs, procedures and restitution, while observing the legal rights of criminal defendants and assuring impartiality to all who appear before them, including the use of videos, brochures and educational materials, presented to victims by law enforcement officials, at an early stage in the criminal proceeding. 98M104B (Oct. 1998)
Victims' Rights. Continues to support protection of victims’ rights and adoption of further statutory measures to protect these rights, and urge federal, state and territorial legislatures considering measures to recognize victims’ rights in the criminal justice system to do so consistent with seven specified principles. Urges that, in considering provisions to protect crime victims’ rights, consideration be given to certain Association policies. (Aug. 1997)
Indigent Protection. Supports the inclusion of safeguards which protect a litigant of being deprived of access to the judicial system based on the litigant’s economic status in any proposed rule of procedure or legislation which includes the concept of fee-shifting based on a rejection of settlement offers or demands; without endorsing its enactment, urges that any such proposed rule of procedure or legislation should consider, at minimum, the "Offer of Judgment Procedure," dated February 1996. (Feb. 1996)
Lawyer Bias. Condemns the manifestation by lawyers in the course of their professional activities of bias or prejudice against clients, opposing parties and others, unless such words or conduct are otherwise permissible as legitimate advocacy on behalf of a client or a cause; opposes unlawful discrimination by lawyers in the management or operation of a law practice in hiring, promoting, discharging or otherwise determining the conditions of employment, or accepting or terminating representation of a client; condemns any conduct by lawyers that would threaten, harass, intimidate or denigrate any other person; discourages members from belonging to any organization that practices invidious discrimination; encourages affirmative steps to discourage such discriminatory speech and conduct. (Aug. 1995)
Discrimination in the Legal Profession. Opposes bias and discrimination based on race and gender that prevent multicultural women from gaining full and equal participation in the legal profession, and actively supports efforts to eradicate such bias and discrimination. (Feb. 1995)
Access to Justice. Reaffirms support for access to the American system of justice without regard to financial wherewithal; supports the availability of access to the federal courts under the grant of diversity jurisdiction. (Feb. 1995)
Victims of Crime Act of 1984. Supports legislation to amend the Victims of Crime Act of 1984 to (1) recognize that victims of crimes committed under the Uniform Code of Military Justice are entitled to receive benefits intended to compensate other victims under the Act; (2) make compensation available to nonworking spouses and children who are victims under the Act; and (3) expand the geographic applicability of the Act to include U.S. citizens and their family members who may be outside the United States and who may become victims of crimes committed under the Uniform Code of Military Justice. (Feb. 1993)
Bias in Judicial System. Supports the enactment of authoritative measures, requiring studies of the existence, if any, of bias in the federal judicial system, including biased based on race, ethnicity, gender, age, sexual orientation and disability, and the extent to which bias may affect litigants, witnesses, attorneys and all those who work in the judicial branch; urges that such studies should include the development of remedial steps to address and eliminate any bias found to exist. (Aug. 1991)
Rights of Institutionalized. Supports legislation to permit the U.S. Attorney General to bring suit on behalf of persons confined in state institutions. (Aug. 1976)
Prisoner Education. Urges all states to make basic education available to all prisoners needing it, especially reading skills and instruction leading to attainment of high school equivalency diplomas and to encourage voluntary participation in such programs by providing payment for education or additional good-time credits to participants. (Aug. 1976)
Human Rights Violations by Lawyers. Calls for the creation of a special committee of the American Bar Association to review alleged violations of human rights involving lawyers in their capacities as lawyers. (Aug. 1976)
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