Access to Justice

  • January 13, 2019

    NY's Outlier Status On Coughing Up Evidence May Soon End

    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.

  • January 13, 2019

    Fair Sentencing? Disparities Linger, But Leniency Plays A Part

    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.

  • January 6, 2019

    Shutdown Hits Federal Courts, Grows Immigration Backlog

    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.

  • January 6, 2019

    Famed Journal Lends Its Clout To Fighting Access Crisis

    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.

  • January 6, 2019

    Ex-DOJ Heavy Hitters Urge Justices To Nix Murder Conviction

    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.

  • January 6, 2019

    Old Foe Of Criminal Sentencing Reform May Soon Oversee It

    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.

  • January 6, 2019

    Vets Expand Scope Of Landmark Benefits Class Action

    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.

  • January 6, 2019

    4 Access To Justice Cases To Watch In 2019

    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.

  • January 6, 2019

    Sarah Geraghty Talks Bail Reform And Decriminalizing Poverty

    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.

  • December 16, 2018

    Criminal Justice Reforms Poised For Senate Showdown

    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.

  • December 16, 2018

    Withheld Evidence Spurs Detention Rethink In NJ Murder Case

    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.

  • December 16, 2018

    Forfeiture Grabs In NJ Widespread But Face Little Resistance

    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.

  • December 16, 2018

    The Biggest Access To Justice Decisions Of 2018

    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.

  • December 16, 2018

    Sarah Redfield Shines Light On Hidden Bias In The Courtroom

    Sarah Redfield is an evangelist when it comes to addressing unconscious bias in the judicial system.

  • December 16, 2018

    Bail Or Jail? Calif. Justices May Reshape Detention Decisions

    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.

  • December 16, 2018

    Calif. Move From 'Tough On Crime' Marks New Era Of Reform

    Just before leaving office, California Gov. Jerry Brown passed a slew of progressive criminal justice reforms — many of which signaled a turnaround from his early career, which featured tough-on-crime policies credited with ushering in mass incarceration. His about-face could be a bellwether of things to come.

  • December 16, 2018

    New Learning Lab Connects Young Minds With Rule Of Law

    After exploring the exhibits and touch-screen kiosks at a new Manhattan-based center that aims to illuminate why courts matter, high school senior Ashley Santacruz said the facility, and the high-powered jurists who created it, had helped narrow her career goals.

  • December 9, 2018

    Loomis Look-Back Previews AI Sentencing Fights To Come

    Two high-profile litigators — one bombastic, the other reserved — walked into a New York University School of Law conference hall to take a stab at something the U.S. Supreme Court refused to do: air arguments on whether or not the use of risk assessment technology in criminal sentencing can stack the deck against defendants.

  • December 9, 2018

    Advocates Seek A Rare Right For Felons: Jury Duty

    James Binnall, an attorney and professor at California State University in Long Beach, was thrilled when he received a call for jury duty and a chance to feel “normal” again.

  • December 9, 2018

    New Trial Watchdog Aims To Expose Courtroom Abuses

    The American Bar Association is combining forces with Columbia Law School and the Clooney Foundation for Justice to monitor trials that pose a high risk of human rights violations, part of an effort to promote greater transparency in courtrooms around the world.

  • December 9, 2018

    Juror Bias Case Runs Into Skepticism At Mass. High Court

    The argument that courts must probe potential jurors for bias against immigrants or those who don't speak English was met with some skepticism Thursday by the Massachusetts Supreme Judicial Court, as several justices seemed concerned about the implications of imposing a blanket requirement.

  • December 9, 2018

    Bail Flaws Leave NYC Corrections Facing Lawmaker Scrutiny

    Fax machine trouble, unexplained delays and unresponsive clerks at payment windows are just some of the issues that community members pressed the New York City Department of Correction to address at a contentious meeting over its compliance with local laws.

  • December 9, 2018

    Cameras Cast A Chill On Atty-Prisoner Consults, Court Says

    The initial meeting between an attorney and a criminal client who is "tired, hungry, confused, distrusting and frustrated" from arrest and imprisonment can be fraught, but what if you also include a mention that the room where the defendant is supposed to spill his or her guts is outfitted with a video camera?

  • December 9, 2018

    Clergy Victims Press States To Open Window On Abuse Suits

    George Koharchik had a reputation as his Johnstown, Pennsylvania, parish's "favorite priest" when Shaun Dougherty met him in 1980 at the age of 10, and the time they spent together started out innocently enough.

  • December 9, 2018

    How Myanmar's Broken Courts Sent 2 Reporters To Prison

    They say a picture’s worth a thousand words; in the case of Reuters reporters Wa Lone and Kyaw Soe Oo, two pictures were worth a conviction and seven years in a Myanmar jail cell.

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