ABA Criminal Justice Policy Passed at the 2009 Midyear Meeting:

Adam Walsh Act: This recommendation urges Congress and the state legislatures to re-examine and revise laws, policies, and practices that require youth to register assex offenders or be subject to community notification provisions otherwise imposed upon adultsex offenders, based upon a juvenile court adjudication. The policy also recommends Congressand the state legislatures provide increased funding for assessment and effective treatmentinterventions for juveniles adjudicated for sexual offenses, as well as for specialized juvenileprobation service monitoring of these adolescents.The entire recommendation and report is available at www.abanet.org/crimjust/policy/my09101a.pdf   

Mediation in Criminal Matters: This recommendation urges federal, state, territorial, and local governments to initiate, continue andexpand the use of mediation as a means to resolve criminal matters, specifically at a time prior toactual case filing. Additionally, it suggests these same entities initiate, continue and expand theuse of mediation, early resolution courts, expeditors, restorative justice programs and otherprocess innovations, where appropriate, to assist with plea negotiations and/or the expedition andresolution of both pending misdemeanor and felony cases. The entire recommendation andreport is available at www.abanet.org/crimjust/policy/my09101b.pdf  

Immigration Raids in Criminal Justice: This recommendation calls for the American Bar Association to supportlegislation and/or administrative standards to ensure due process and access to appropriate legalassistance for persons arrested or detained in connection with immigration enforcement actions.The resolution also encourages bar associations to raise awareness of the rights available toindividuals taken into custody during workplace immigration enforcement actions, assist in theprovision of pro bono legal services to individuals who cannot afford to hire an attorney, andfacilitate effective representation through training programs for court appointed and pro bonocounsel. The entire recommendation and report is available at www.abanet.org/crimjust/policy/my09101c.pdf  

Child Victims in the Criminal Justice System: The Victims Committee will submit a recommendation urges federal, state, tribal, local, andterritorial governments to ensure that child victims of criminal conduct have prompt access tolegal advice and counsel and to specialized services and protections such as those provided bychild advocacy centers approved and accredited by the National Children's Alliance. It also callsupon the American Bar Association, state and local bar associations, law schools, victim rightsorganizations, child rights organizations, and courts are urged to collaborate to developappointment procedures for courts to appoint attorneys for child victims of criminal conduct and toadopt standards of practice and training requirements for those attorneys appointed for childvictims including those regarding the attorneys’ roles and responsibilities. The entirerecommendation and report is available at www.abanet.org/crimjust/policy/my09101d.pdf

ABA Criminal Justice Policy Approved in the 2008 Bar Year

The Criminal Justice Section submitted eight policy recommendations – four at both the Midyear and Annual Meetings – and approved as official ABA policy, which covered an array of criminal justice-related issues.

Recent Amicus Brief: ABA Asks Supreme Court to Consider Unanimous Verdicts

The policy-making body of the American Bar Association, the ABA House of Delegates, meets twice a year to vote on policy recommendations that are before it. Once a recommendation has passed the House, or in limited circumstances when the recommendation is approved by the ABA Board of Governors, the recommendation becomes official Association policy, enabling lobbying efforts and the creation of programs designed to implement the policy. Sections, Divisions, Forums, and other outside organizations all submit recommendations for consideration.

In the Criminal Justice Section, policy initiatives are generally formulated at the Committee or Task Force level. A background report is generated supporting the recommendation, and generally details the issues addressed, and solutions proposed. Once the recommendation has been approved by a majority of the committee, it is submitted to the Section's Council, along with the background report, for consideration. The Council debates the issues presented by the recommendation and either approves the measure, rejects the proposal, or tables the issue for further discussion and sends the material back to the originating committee for additional work.

Once a recommendation has received approval from the Section Council, it is then submitted to the House of Delegates under the Section's name. The background report is also submitted, although only the actual language of the recommendation becomes policy, should it pass in the House. Again, status as official ABA policy enables Section leadership to lobby on, speak with the media about, and try to further the particular policy.

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