Procedural Justice

Procedural justice seeks to ensure that the justice system treats everybody with dignity and respect.

Research has shown that when court users perceive the justice system to be fair, they are more likely to comply with court orders and follow the law in the future—regardless of the outcome of their case. Researchers such as Tom Tyler of Yale Law School have boiled down procedural justice to a handful of key elements: treating court users with dignity and respect, ensuring that they understand the process, that they have a voice, and that decisions are made neutrally. The Center for Court Innovation works to promote procedural justice in the U.S. and internationally. In addition to testing promising practices on the ground in our operating programs, we offer training and expert assistance to jurisdictions interested in assessing or enhancing their procedural justice practices.

Initiatives

Harlem Community Justice Center

The Harlem Community Justice Center works to increase housing stability, engage young people in their community, and help individuals returning from prison transition home.
MacArthur Foundation’s Safety and Justice Challenge

The MacArthur Foundation’s Safety and Justice Challenge seeks to reduce over-incarceration by changing the way America thinks about and uses jails.
Red Hook Community Justice Center

The nation's first multi-jurisdictional community court, the Red Hook Community Justice Center seeks to solve neighborhood problems in southwest Brooklyn.

Publications & Digital Media

Book
To Be Fair

by Emily Gold LaGratta and Tom Tyler

To Be Fair is a compilation of interviews with practitioners from around the country who have worked to implement the tenets of procedural justice in criminal courts.

Procedural Justice
Publication
Consistency During the Court Process: The San Francisco Public Defender’s Checklist Project Pilot Study

by Elise Jensen, Michela Lowry, Emily Gold LaGratta, and Melissa Labriola

Research has shown that checklists improve consistency and reduce the likelihood that critical steps are overlooked in technical fields such as aeronautics and medicine. The current study explores whether similar tools might promote the consistency and quality of legal representation among often overburdened and under-resourced public defense attorneys.

Access to Justice, Procedural Justice
Publication
Up & Out: Toward an Evidence-Based Response to Misdemeanors

by Elise White, Sarah Picard-Fritsche, Yolaine Menyard, Elise Jensen, Julian Adler, and

This report details the design, implementation, and impacts of Up & Out, a brief, non-custodial intervention to help misdemeanor defendants critically consider ways to avoid future justice-involvement. The intention of the program is to offer a meaningful, proportionate alternative to short-term incarceration. Research suggests this population has a strong propensity to repeat justice-involvement fueled by needs for treatment and services in areas such as housing, substance use, and mental health.

Diversion, Evidence-Based Practices, Procedural Justice, Reducing Trauma

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News

Our Two Kinds of Criminal Justice, and How to Reconcile Them

June 8, 2018
Governing

Our director, Greg Berman, argues the fight to transform the American justice system will not be won "from the offices of our foundations, elected officials, or editorial boards." Along with macro reform ideas, look for micro changes in practice with far-reaching implications.
How New York City Became the Envy of Reformers

March 7, 2018
City & State

In an op-ed for City & State, our Greg Berman and Julian Adler offer "three underappreciated lessons" from New York City's historic reductions in crime and incarceration.
Retrofit for Fairness

February 7, 2018
Urban Omnibus

An interview with the team involved in our procedural justice project at Manhattan Criminal Court. The project's goal is to improve the courtroom experience for all.

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We work with reformers around the world.

Do you need help solving a problem, launching a new initiative or improving an old one? Contact our experts.

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