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Executive Summary for justiceinnovation.law.stanford.edu

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Justice Innovation

What are

Justice Innovation

s?Justice innovations are programs, policies, technology, and infrastructure that can make a better, people-centered justice system. They increase the accessibility, equity, and social benefits of the justice system. They reduce the justice gap that many people currently experience, where they cannot get advice, services, or guidance to resolve their civil and criminal legal problems — and thus face evictions, garnishments, money judgments, jail time, and insecurity.Types of justice system innovation

Justice Innovation

s could be relatively small interventions, to change how court documents or legal aid explainers are designed. Or they could be large, systemic interventions like launching a new right to counsel, getting more funding for legal aid, or building new collaborative housing courts.Read more about what interventions could improve the US justice system.

Justice Innovation

s do not include just ‘technology’ interventions. They could be communications, services, products, technology, or policy interventions. This post walks through the pyramid illustration above, going through the different orders of design.Why work on

Justice Innovation

s?A better justice system can improve people’s stability, mobility, and outcomes around housing, money, family, and employment.We need human-centered justice systems that can respond to trends that are happening with our state courts, legal aid groups, and people’s needs.Over 75% of people in civil state court matters don’t have a lawyer representing them. See this report from the National Center for State Courts.Increased numbers of robo-filed lawsuits mean that more people are getting sued for debts that they may not even owe. See The Pew Charitable Trust’s report on the rise of robo-filing and the changing landscape of state courts. People’s trust in state courts is declining. See the poll and survey results from the National Center for State Courts‘ State of the State Courts.Researchers and practitioners have identified many breakdowns in the US’ civil legal system:Low Awareness of legal issues, services, and the court system. How can we make people more aware of the services that can help them with the difficulties they’re having with their housing, debts, family, and other problems? How can we increase the uptake of free and affordable services to help resolve these problems?Low Participation rates in court cases, especially for housing and money problems. This problem is often phrased in terms of “high default rates”. When a person doesn’t participate in a court case, they face big penalties when they lose by default, including their wages being garnished, sheriffs setting them out from their home, warrants for their arrest, or other life-changing penalties. High Failure rates in people’s ability to present their information, stories, and claims to the court in a way that meets the court’s (or individual judge’s) standards. This occurs with people’s inability to correctly file motions and other paperwork with courts, their inability to present claims and stories at court hearings, and their inability to deal with the other party’s requests and claims. High rates of unequal settlements and court decisions, in which people who don’t have lawyers are getting court outcomes that have unfavorable terms — compared to people & companies who do have lawyers. How do we make sure that all people have the law applied fairly to their situation, even if they cannot afford a lawyer to represent them?High variability rates in court & judges’ decisions, including about how they apply the law, how they run their courtroom, and how they interact with people who don’t have a lawyer. How do we ensure that there is consistent & equitable application of the law to people’s situations? How do we ensure that all judges and court officers are following the law & court rules, especially in regard to people who do not have a lawyer?Growing distrust in courts among people, with surveys showing that more people have lower levels of confidence in the US justice system and state courts. How do we increase procedural and substantive justice in the courts, and strengthen the relationships between people and the justice system (and broader government institutions)?When a person has a problem with their housing, finances, work, or family, they might seek legal help & go on a ‘justice journey’ to protect their rights and resolve their problem. But many aren’t able to get help or navigate this process.The Stanford Legal Design Lab works on improving the civil justice system, in order to improve people’s housing, finances, and family.Are people able to use the legal system to protect their rights, resolve their problems, and achieve greater stability?The Legal Design Lab focuses on

Justice Innovation

to impact 4 outcomes: people’s stability and security, their empowerment in legal and government systems, their legal capability, and the quality of justice they receive.Impact 1:Increase People’s Housing, Financial & Social StabilityWhen a person has a legal problem, they’re at risk of a single issue spiraling into a life crisis that can lead to more poverty and inequality.An eviction lawsuit, debt collection action, domestic violence incident, or traffic ticket can destabilize a person & their family. Justice innovations can help resolve these problems and prevent the problem from spiraling into major life crises.These innovations can increase problem resolution, and improve housing, family, financial, and educational outcomes.Impact 2: Empower People to Use Their Rights & Participate in JusticePeople often don’t participate in the civil justice system, even when they have protections & defenses. When a person doesn’t show up to court or answer a lawsuit, they’re at risk of big consequences like money judgments, wage garnishments, loss of home, and bench warrants.Justice innovations can help them use the legal system to assert their rights to protect their money, housing, family, and safety.Innovations can decrease default judgments, increase uptake of services, and increase the assertion of rights.Impact 3Build People’s Legal Capabilityand Equitable AccessMany people don’t feel they’re able to use the legal system, and can’t afford to hire a lawyer to help them navigate it. Justice innovations can build people’s knowledge about what legal rules & options apply to them. Innovations can increase their ability to make strategic decisions.Innovations can give more people more confidence that they can use the system — that they are capable of engaging with the system. This is particularly important to include historically excluded groups in the justice system, so they can use it equally.Impact 4: Improve the Quality of Justice People ReceiveEven if people do engage with the justice system, they might not have just experiences or outcomes. Justice innovations can increase procedural justice and substantive justice.For procedural justice, innovations can make the system more transparent, trustworthy, and responsive to people.For substantive justice, innovations can ensure that the law is fairly applied to a person’s situation.;

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