Justice
The Justice Program fights to secure the nation's promise of equal justice for all.
The American justice system is in disrepair. More than ever before, our courts are the province of the wealthy: private counsel is expensive, civil legal services programs are underfunded and restricted, qualified interpreters are few and far between, and technical rules destroy legitimate claims. In criminal proceedings, the poor rely on lawyers who have meager resources but must handle overwhelming caseloads. The government agencies that administer public benefits and enforce civil rights, and wage and hour, laws are politically influenced and underfunded. The Justice Department, itself, is in disarray. And, the war on terror has upset our checks and balances, sapping the justice system of its ability to prevent detention, torture and rendition of the innocent.
The Brennan Center's Justice Program is dedicated to justice system reform that reduces the gap between the promise of equal justice and the day to day reality. Our Access to Justice Project works to repair the "justice gap"—the inability of low income and of color communities to rely on courts and agencies to secure the rule of law and prevent harms. Our Liberty & National Security Project fights to restore checks and balances—the uniquely American method for keeping government honest and making public policy sound.
News and opinion pieces that praise, attack, or discuss free and
low-cost civil legal aid. Also see reports about civil legal
aid the media doesn't cover. Low-income individuals and
families, children, consumers, the elderly, the disabled, immigrants,
workers, prisoners, veterans, and people reliant on government benefits
or seeking health care share concerns about access to justice that are
frequently covered in the E-lert.
Foreword by Professor Burt Neuborne
Hurrell-Harring, et al. v. State of New York (Amicus Brief)
The Brennan Center co-authored an amicus brief signed by 62 former prosecutors in support of a suit that challenges New York’s indigent defense system.
The Brennan Center is challenging funding restrictions put on organizations that receive Global AIDS Act funding.
Amnesty Int’l v. Blair (Amicus Brief)
In December of 2008 and 2009, the Brennan Center for Justice filed supplemental amici in Amnesty v. Blair. The first brief urged the court to overturn the FISA Amendments Act (FAA)—a law that enables the government to monitor Americans’ international emails and phone calls; the second, not to dismiss the suit.
Nevada Soaks Indigent Defendants
Putting the Sixth Amendment aside….In a dramatic policy shift, the Nevada Supreme Court has directed Las Vegas (Clark County) judges to begin charging fees to indigent defendants for their representation by the public defender’s office. Read more…
“...a beacon of light in a shadowed world…”
In our second annual Living Constitution Lecture, Senator Whitehouse of Rhode Island spoke about threats to our Constitution: inequalities in our justice and taxation systems, the damage done by torture memos, and other erosions to our Constitutional rights—and how to get them back.
Democrats Failing to End Bush-Era Abuses of Power
The revised, revisited, and renewed Patriot Act extension does little to reverse the directions and directives laid by the Bush Administration….
Illustrations by Risko
Morgenthau Leads 62 Former Prosecutors in Call for Better Defense of the Indigent
62 former New York prosecutors joined an amicus brief in support of a suit, now pending before New York’s highest court, which alleges that New York State’s legal services for the poor are constitutionally inadequate.
Has the U.S. Honored Agreement on Temporary Foreign Workers? Mexican Government Wants to Know
Today the Brennan Center for Justice and Northwest Workers’ Justice Project urged Labor Secretary Hilda Solis to answer Mexico’s query about the treatment of foreign workers in the U.S..
FOIA Lawsuit Seeks Bush-Era DOJ Opinion
The Brennan Center for Justice filed a federal lawsuit to compel release of a long-suppressed Bush-era legal opinion; the opinion in question purportedly acknowledges that a federal law—which requires organizations receiving federal grants for HIV/AIDS work to pledge opposition to prostitution—may be unconstitutional.
Community Oriented Defender (COD) Network 2010 Request for Proposals
Community Oriented Defender Network 2010 Request for Proposals Inviting Concept Papers on: Defender-led Challenges Against Racial/Ethnic Disparity in the Criminal Justice System
Community Oriented Defender (COD) Statement of Principles
Developed by the Brennan Center in consultation with members of the COD advisory group, this COD Statement of Principles identifies the goals of participants in the COD Network. We hope it will serve as a useful tool to inspire staff, educate the public, and build the capacity of the COD movement to make a difference for clients, families and communities.
Testimony at NY Senate Hearing on Future of Civil Legal Services
Justice Program Director, David Udell, testifies at a New York Senate hearing on the future of IOLA and civil legal services, offering recommendations for funding strategies, infrastructure developments and new ways to help low-income individuals access justice.
Community Oriented Defender Network | Winter 2010 Update
Update from the Community Oriented Defender Network on recent and upcoming activities.
Fact Sheets | Language Access Problems Among Government Bodies
Fact sheets illustrating the serious harms and deprivations of rights that result when individuals with limited English proficiency (LEP) are unable to access essential government bodies.
Emily Berman on the Hashmi case and SAMS, on WNYC Public Radio
The U.S. Government has held student Syed Hashmi for nearly 4 years without trial in New York City. Ms. Berman talks about the case on the Leonard Lopate Show on WNYC.