Building Public Trust in the American Justice System

In February 2017, the American Bar Association Board of Governors adopted the report of the ABA Task Force on Building Public Trust in the American Justice System. The ABA created the task force in July 2016 in the face of increasing racial tensions, retaliatory violence against police officers, and a growing sense of public distrust in our nation’s justice system. The task force was charged with determining the role that bar associations might play in restoring the public’s trust. The task force report calls on the ABA and state and local bar entities to:

• Encourage the adoption of best practices for reforming the criminal justice system;
  
• Build consensus about needed reforms and work to carry them out; and
  
• Educate the public about how the criminal justice system works.

In the years since it was formed, the Task Force, which is now a Working Group, has undertaken a number of projects aimed at addressing the public's eroded trust in the American justice system.

Ten Principles on Reducing Mass Incarceration

Adopted at the 2022 ABA Annual Meeting, the Ten Principles on Reducing Mass Incarceration articulate the critical steps necessary to help to combat the drivers of mass incarceration and ultimately reduce the number of people in jails and prisons nationwide.

Read Principles HERE.

Improving Collection of Diversity Data in the Justice System 

The ABA has long-advocated for increased diversity in all aspects of the profession. Tracking progress toward improving diversity is hampered by the lack of demographic data collected in the justice system, e.g. on judges, attorney general offices, prosecutors, public defenders, city law departments, law clerks, etc. For this reason, the Working Group proposed a policy urging jurisdictions to collect demographic data, including but not limited to race, ethnicity, disability, gender identity, and sexual orientation, from judges and attorneys in courts and governmental law offices. The policy, which also urges the use of best practices in demographic data collection, was passed by the ABA House of Delegates in August, 2021.

Read more on this policy and related materials HERE. 

Body-Worn Cameras 

In 2020, the ABA's Working Group on Building Public Trust in the American Justice System convened a group of diverse stakeholders to review the literature on body-worn cameras, discuss the experience of different jurisdictions, and develop an appropriate ABA policy. The resulting policy, the ABA Principles on Law Enforcement Body-Worn Camera Policies provide practice direction for government officials in jurisdictions where law enforcement use or are seeking to use body-worn cameras. The Principles were adopted by the ABA House of Delegates in August, 2021.

Read more on the Principles and other materials on Body-Worn Cameras HERE.

Fines and Fees

Adopted as policy by the ABA House of Delegates in 2018, the 10 Guidelines on Court Fines and Fees provide practical direction for government officials, policymakers and others charged with developing, reforming and administering court fines and fees. The Guidelines seek to ensure that fines and fees are fairly imposed and administered and that the justice system does not punish people for the "crime" of being poor.

Following the adoption of the Guidelines, Working Group turned its attention to the various fines and fees that are paid to and for private services in the criminal justice system. Released in June 2020, this Report provides an comprehensive overview of the role private companies play throughout the criminal justice system and how the use of these private companies impacts low-income individuals moving through the system.

Read more on this policy and related materials HERE.

Creating Dialogue

The initial project undertaken by the Task Force was to design and host community dialogues regarding the criminal justice system, in connection with state and local bar associations. The Task Force created resources to assist in planning and holding these events, as well as compiling additional resources to assist organizers and participants. More on hosting a community dialogue on building public trust in the American justice system.

Read more about the community dialogue and resources HERE.