The Access to Justice Lab published a newly released study of Washington, D.C. mothers involved in Child Protective Services demonstrating that government-funded child welfare programs are effective in reducing child neglect cases by prioritizing economic support to overcome conditions caused by poverty.
An individual’s First Appearance before a court in a criminal case has significant impacts on the defendant’s freedom and the costs that a criminal trial can bear on the defendant’s life, before it even begins. However, many states still begin the trial process without an offer of counsel. But what happens if defendants DO have counsel at First Appearances?
Government websites, when effective, can make the process of filing for bankruptcy, divorce, restraining orders and other common legal requests easier. Unfortunately, the quality of these websites varies significantly with many state and federal sites’ lack of accessibility reflecting limited access to justice for their users. Fixing these websites is a relatively easy and inexpensive method to expand accessibility to court systems and services, provided the willpower is there.
Despite a right to counsel in both Kenya and Tunisia, the default for low- and middle-income individuals who cannot afford to pay for legal representation is no counsel at all. The A2J Lab began a project to study the effects of early access to counsel for misdemeanors in the two countries but was thwarted in January by a federal stop work order. What follows is an update on the project itself and the educational moment it provided.
In the second part of the “Student Voices” series on “no money down” bankruptcies, HLS student Joe Liberman picks up where he left off in the previous blog: exploring possible solutions to the problems of Chapter 13 filings, understanding their tradeoffs, and proposing how we might study them.
The combination of rising debt and inability to pay for legal help has allowed the proliferation of a financially fraught practice: “no money down” bankruptcies. While purporting to help the low income client, these bankruptcies often leave the filer in a worse financial situation because they were ill-suited for Chapter 13 bankruptcy. This post explores the rise of “no money down” bankruptcies and how we can address this access to justice issue.
A typical cycle for someone caught in the U.S. criminal justice system due to poverty-related issues may look something like this: Risky behavior on the individual’s part leading to arrest for a low-level crime such as shoplifting, followed by court-appointed community service. Repeat. An A2J Lab study aims to find out whether a community diversion program offers a better chance of breaking this cycle than community service programs.
Do pro se litigants struggle to interpret rules of civil procedure? Or could noncompliance be explained by other access to justice (A2J) barriers? Advocates for pro se litigants often focus on translating the law into plain language. But these efforts fall short of addressing deployability, an individual’s ability to leverage their knowledge of the law in court. Recent research suggests many A2J barriers fall into the latter category.
Though it might seem like a purely academic regulatory puzzle, the way researchers, IRBs, and courts define “human subjects” in legal research will shape the future of evidence-based reform in access to justice and beyond.
The landmark court decision in Gideon v. Wainwright from 1963 made it a constitutional right, both in federal and state courts, for criminal defendants to have the right to counsel. That decision does not extend to civil cases– such as child custody, eviction, and domestic violences cases–which affect women, often from marginalized backgrounds, more than than men. HLS student Laura Aquino argues for a study to address the gender bias in denying legal assistance to civil litigants that may play a role in preserving a system that limits access to justice for women.
