people deemed safe to return to the community linger in jail because they are poor
Fix:
eliminate unaffordable bail
Stop Serial Abusers
Guarantee Depositions by Right
In 2017, 97.4% of felony convictions ended without a trial.
That buries information that the public needs.
Problem:
failure to expose abuse and corruption
Fix:
guarantee depositions in criminal cases
Expand Restorative Justice
Help Restorative Justice Courts Flourish
A coalition of organizations submitted a proposed rule change that would have made "peace circle" conversations privileged. The Illinois Supreme Court rejected that proposal.
Problem:
restorative justice courts need trust in order to work, but communications can be used against people
Fix:
make communications in restorative justice courts privileged
Prevent wrongful convictions
Stop compensating courts for convictions
Economists don't agree on much, but they agree that incentives matter.
Problem:
courts entitled to extra funding if they find guilt
Fix:
prevent courts from using money earned by convicting
Prevent wrongful convictions
Stop Pseudoscientists
Pseudoscientists are being treated as experts.
Problem:
pseudoscientists are being treated as "experts" and promoting wrongful convictions
Fix:
raise the bar & require experts to use reliable techniques (i.e. Daubert test)
Prevent wrongful convictions
Adopt open file disclosures
We rely on prosecutors to disclose evidence that hurts their case. Bad idea.
Problem:
incomplete disclosures that promote wrongful convictions
Fix:
disclose all the evidence
Expand access to justice
Enable Remote Court Appearances
Imagine how nice it would be to handle small issues without wasting a day in court.Imagine how nice it would be if undocumented, disabled, and working people could access justice.
Problem:
the ability to physically appear in court isn't a privilege that everyone enjoys
Fix:
implement tech to enable remote appearances
End systemic bias
Fight Racist Jury Selection
It's illegal for lawyers to remove people from a jury based on their race. But some lawyers do it and get away with it.
Problem:
we don't have a good tool to stop racist jury selection
Fix:
experiment with shielding the appearance of potential jurors
End systemic bias
Fight Bias In Sentencing
In Illinois, two people convicted of the same crime, who are the same in every relevant way, could get very different sentences. Decades different.
Problem:
bias infecting the sentencing process
Fix:
sentencing guidelines
End systemic bias
Require Judges to Explain Sentences
Every math teacher: "show your work." But when judges sentence people, they don't have to show their work. They don't have to explain why. That's a big problem that makes mistakes impossible to fix.
Problem:
people can't fix erroneous sentences if they aren't explained
Fix:
require judges to explain the reasoning behind their sentences