Some are wildly successful. Others can badly hurt a case. Their very existence is a symptom of what experts say is a lack of access to justice for one of the most underserved populations: the millions of people already locked within the justice system itself.
Paved with suspensions and expulsions, there’s a route from education to incarceration known as the “school to prison pipeline” that disproportionately affects students of color, those with disabilities and other minority groups across the country.
Some 1,400 Iraqis were arrested in immigration sweeps across the U.S. in 2017 based on a purported deal with their former homeland. However, discovery work by Miller Canfield attorneys gave their clients a key opening to fight deportation.
Fifteen years into a life sentence for a murder, Cyntoia Brown will walk out of prison thanks to a commuted sentence, but experts say her victory underscores the fact that there are many others with similar cases that have not attracted the same attention, or achieved the same result.
New York criminal discovery law allows prosecutors to wait until the eve of trial to share material like police reports with defense attorneys. Witness information isn't required to be disclosed at all. But that could change this year.
The U.S. Sentencing Commission warned in a new report that defendants under the same courthouse roof could be facing a wide range of sentences, depending on who holds the gavel, but experts say the commission may be missing the bigger picture: judges are becoming more lenient.
Immigrants uncertain if they should show up for court dates and mounting case backlogs. Judges pausing civil disputes. Planned improvements to court facilities put on hold. As the shutdown of the government enters its third week, federal workers aren't the only ones whose futures have been thrown into uncertainty.
Tens of thousands of people across the country are representing themselves in federal lawsuits, often because they can’t afford an attorney. While those litigants can face insurmountable hurdles, a growing number of programs are trying to ensure they have their day in court.
The Academy of Arts and Sciences today published the winter edition of its renowned journal Daedalus, focused entirely on access to the civil justice system. Law360 spoke with its editors and contributors about why legal access is a problem that requires more than just lawyers to solve.
Six former top Justice Department leaders are urging the U.S. Supreme Court to vacate a murder conviction that they say poses an existential threat to the entire justice system, after a Mississippi prosecutor repeatedly blocked black citizens from serving on the defendant's six juries.
Attorney General nominee William Barr spent decades opposing some of the criminal justice changes that President Donald Trump signed into law last month — putting him at odds with senators responsible for his confirmation and raising concerns about how he will implement the reforms.
When Navy veteran Peter Boerschinger, 79, required emergency treatment for pneumonia and congestive heart failure, he assumed that the U.S. Department of Veterans Affairs would pick up the cost of the emergency room visit that his private insurance didn’t pay for.
The dust hasn't settled from a year that included major decisions on issues like pretrial bail practices and veterans' right to bring class actions over denied benefits, but 2019 already promises big moments for access to justice cases on civil forfeiture and legal aid funding.
Sarah Geraghty's used to making an impact with the Southern Center for Human Rights, but rarely is it put so bluntly as when the Atlanta mayor called out her group's influence in orchestrating the city's recent bail reform measures.
Advocates for reforming the nation's criminal justice system have gotten closer than ever to changing prison conditions and sentencing laws, but they face their most high-profile test yet this week: a U.S. Senate floor fight with opponents who claim the legislation would endanger the country.
You haven’t been convicted of a crime — haven’t even been arrested — but police officers confiscate your car anyway, saying they believe it was used in criminal activity and that you must go to court to get it back. For many, the cost of doing so means that property is gone for good.
After Shaquan Hyppolite was accused of murder, a judge ordered him to be detained while he waited on an indictment. There was just one problem: the prosecution hadn't told Hyppolite or his defense attorney about evidence that contradicted the story of the only witness against him.
From bail reform to class actions for veterans, 2018 was full of big cases in the realm of access to justice. Here, Law360 takes a look at four of the most consequential court decisions issued this year.
Sarah Redfield is an evangelist when it comes to addressing unconscious bias in the judicial system.
A small-time burglary has evolved into landmark litigation over California's bail policy, with the state Supreme Court poised to decide how often a court can deny bail and detain a defendant. It will also decide whether to uphold a mandate that judges consider a defendant's ability to pay, though a new law may render that determination moot.
If we wait to take action until we identify all the reasons civil jury trials are in decline, trials might disappear altogether. Let's address the causes we've already identified using these important jury innovations, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.
When I began researching access to justice in 2004, there were two settled beliefs about civil justice problems so obvious that few bothered to investigate them. Both turned out to be false, says Rebecca Sandefur, associate professor of sociology and law at the University of Illinois at Urbana-Champaign.
The argument that cy pres awards violate the rights of absent class members is wrong on many levels and ignores the fact that prohibiting such distributions creates far more problems than it solves, says John Campbell, a professor at the University of Denver Sturm College of Law.
Jury service is a terrible user experience and an unpredictable disruption. What if the courts leveraged virtual reality technology to allow jurors to serve remotely? asks Stephen Kane, founder of online dispute resolution platform FairClaims and a fellow of Stanford CodeX Center for Legal Informatics.
With child sex predators victimizing, on average, over 100 children in their lifetimes, the implicit danger of retaining state statutes of limitation for prosecution of these crimes could not be more obvious, says Michael Dolce of Cohen Milstein Sellers & Toll PLLC.
Loretta Rush, chief justice of Indiana and co-chair of the National Judicial Opioid Task Force, discusses how state courts can facilitate a successful policy response to the opioid epidemic.
Innovative blockchain-based projects providing stateless refugees with forms of identification, digital assets and educational opportunities could change the rules for this vulnerable population, say Amy Schmitz of the University of Missouri School of Law and Jeff Aresty of Internetbar.org.
Thirty-four years after the passage of the Federal Bail Reform Act of 1984, we have finally seen the implosion of this misguided attempt at justice, says Jeffrey Clayton, executive director of the American Bail Coalition.
Those who perpetrate crimes are guaranteed the right to counsel, but victims of domestic violence and sexual assault are not. With the unanimously passed Pro Bono Work to Empower and Represent Act, I envision an army of lawyers helping break the cycle of abuse, says Sen. Dan Sullivan, R-Alaska.
Class actions are often touted as a powerful mechanism for access to justice, but is this true when there is zero chance of recovery for class members? asks Mary Massaron, a partner at Plunkett Cooney PC and former president of Lawyers for Civil Justice.