Criminal Justice Policies, Equal Access Policies

• Urges jurisdictions to enact statutes to adequately compensate individuals who have been convicted and incarcerated for crimes they did not commit and identifying factors that should be considered in drafting such statutes. Presented by the Criminal Justice Section. Co-sponsored by the Section of Individual Rights and Responsibilities, the Standing Committee on the Delivery of Legal Services, and the Young Lawyers Division.
  Approved as Revised February 2005

• Urges federal, state, local and territorial governments to reduce the risk of convicting the innocent, while increasing the likelihood of convicting the guilty, by ensuring that no prosecution should occur based solely upon uncorroborated jailhouse informant testimony. Presented by the Criminal Justice Section. Co-sponsored by the Section of Individual Rights and Responsibilities and the Young Lawyers Division.
  Approved February 2005

• Urges federal, state, local and territorial governments to reduce the risk of convicting the innocent by establishing standards of practice for defense counsel in serious non-capital criminal cases. Presented by the Criminal Justice Section. Co-sponsored by the Section of Individual Rights and Responsibilities, Section of Litigation and the Young Lawyers Division.
  Approved as Revised February 2005
• Urges Congress to take specified steps to assure that federal sentencing practices are effective, fair and just, and effectuate the goals of sentencing set forth in the Sentencing Reform Act. Presented by the Criminal Justice Section. Co-sponsored by the Section of Individual Rights and Responsibilities, the Section on Litigation, the Standing Committee on Judicial Independence, and the American Judicature Society.
  Approved February 2005

• Urges states, territories and the federal government to ensure that sentencing systems provide appropriate punishment without over reliance on incarceration as a criminal sanction and also urges Congress to take specific action with regard to existing federal sentencing laws and procedures. Presented by the Justice Kennedy Commission. Co-sponsored by the Young Lawyers Division, the Section of Individual Rights and Responsibilities, the Section of Business Law, the Criminal Justice Section, the Family Law Section, the Section of Litigation, the National Bar Association, the National Legal Aid and Defender Association, the Standing Committee on Federal Judicial Improvements, the Standing Committee on Judicial Independence, the Standing Committee on Substance Abuse, and the Judicial Division.
  Approved August 2004

• Urges states, territories and the federal government to establish: 1) standards and provide an accessible process by which prisoners may request a reduction of sentence in exceptional circumstances; and 2) standards governing applications for executive clemency and specify procedures an individual must follow in order to qualify for a grant of clemency and ensure that clemency procedures are reasonably accessible to all persons. Presented by the Justice Kennedy Commission. Co-sponsored by the Young Lawyers Division, the Section of Individual Rights and Responsibilities, the Section of Business Law, the Criminal Justice Section, the Family Law Section, the Section of Litigation, the National Bar Association, the National Legal Aid and Defender Association, the Standing Committee on Federal Judicial Improvements, the Standing Committee on Judicial Independence, the Standing Committee on Substance Abuse, and the Judicial Division.
  Approved as Revised August 2004

• Urges states, territories and the federal government to ensure that prisoners are effectively supervised in safe and secure environments and to implement policies and programs to prepare prisoners for release back into the community and to identify legal barriers for reentry of convicted persons. Presented by the Justice Kennedy Commission. Co-sponsored by the Young Lawyers Division, the Section of Individual Rights and Responsibilities, the Section of Business Law, the Criminal Justice Section, the Family Law Section, the Section of Litigation, the National Bar Association, the National Legal Aid and Defender Association, the Standing Committee on Federal Judicial Improvements, the Standing Committee on Judicial Independence, the Standing Committee on Substance Abuse, and the Judicial Division.
  Approved as Revised August 2004

• Enunciates policy that should govern the proper exercise of universal criminal jurisdiction and clarifies the right of a nation to preempt the exercise of such jurisdiction over one or more of its citizens or lawful residents accused of committing an international crime upon declaring its willingness to investigate the allegations and prosecute the accused in accordance with international human rights norms and standards. Co-sponsored by the Standing Committee on Law and National Security, the Section of International Law and Practice, the Center for Human Rights, the Criminal Justice Section, the Bar Association of Metropolitan St. Louis, the Standing Committee on Armed Forces, Law, Goverment and Public Sector Lawyers Division, and the Judges Advocate Assocation.
  Approved February 2004

• Urges law enforcement agencies to videotape the entirety of custodial interrogations of crime suspects at police precincts, courthouses, detention centers and other places where suspects are held for questioning, or where videotaping is impractical, to audiotape the entirety of such interrogations and urges legislatures and/or courts to enact laws or rules of procedure for this requirement. Co-sponsored by the Section of Individual Rights and Responsibilities, the New York County Lawyers' Assoication, the Criminal Justice Section, and the Steering Committee on the UNMET legal Needs of Children.
  Approved as Revised February 2004

• Urges adoption of laws and policies to address the complex problem presented by the large number of adults with mental illness and juveniles with mental or emotional illness or disorders who come into contact with the criminal and juvenile justice systems, and supports increased funding and financing for public mental health systems. Presented by the Criminal Justice Section. Co-sponsored by the Section of Individual Rights and Responsibilities, the Young Lawyers Division, the Standing Committee on Substance Abuse, and the Steering Committee on the UNMMET Legal Needs of Children.
  Approved as Revised February 2004
  

• Urges state, local, and territorial bar associations, judges, prosecutors, defenders, and police to address disparate treatment of racial and ethnic minority youths in the justice system, and encourages state and local bar associations and law enforcement to instill public confidence in the fairness of the justice system by ensuring the fair treatment of all youths. Co-sponsored by the Section of Individual Rights and Responsibilities.
  Approved August 2003

• Adopts revisions to the black letter ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, dated February 2003, and recommends adoption of the Guidelines by death penalty jurisdictions. Co-sponsored by the Section of Individual Rights and Responsibilities.
  Approved February 2003

• Urges that reviews be undertaken to improve the cost-effectiveness of pretrial detention, sentencing, and correctional systems. Co-sponsored by the Section of Individual Rights and Responsibilities.
  Approved August 2002

• Proposes that defendants in military capital cases be given the right to trial before court martial panels whose size is fixed at 12 members. Co-sponsored by the Section of Individual Rights and Responsibilities.
  Approved August 2001

• Supports passage of federal, state, local, and territorial legislation requiring the systematic collection of, and annual reporting to, the United States Department of Justice and all appropriate state or territorial attorneys general, data by all federal, state, local, and territorial law enforcement agencies that engage in traffic stops. Co-sponsored by the Section of Individual Rights and Responsibilities.
  Approved as revised August 1999

• Encourages all state, local and territorial bar associations to adopt programs enabling timely and effective responses to criticism of judges. Presented by the Judicial Division. Cosponsored by the Section of Individual Rights and Responsibilities, the Special Committee on Judicial Independence, and the Section of Litigation.
  Approved February 1998

• Supports the establishment of an international criminal court by multilateral treaty and recommends that the U.S. government continue to take an active role in negotiations leading up to and during the diplomatic conference scheduled for June 1998. Presented by the Section of International Law and Practice. Cosponsored by the Section of Individual Rights and Responsibilities, the Association of the Bar of the City of New York, the Section of Criminal Justice, the Standing Committee on World Order Under Law, and the Section of Litigation.
  Approved February 1998

• Supports the removal of legal barriers to the establishment and operation of approved needle exchange programs that include a component of drug and counseling and drug treatment referrals. Cosponsored by the Criminal Justice Section, Standing Committee on Substance Abuse, Commission on Homelessness and Poverty, Commission on Mental and Physical Disability Law, and National Lesbian and Gay Law Association.
  Approved August 1997

• Recommends amending the statutory process of adopting military court rules of practice, procedure, and evidence. Jointly presented with the Federal Bar Association, the Section of Administrative Law and Regulatory Practice, and the Criminal Justice Section.
  Approved February 1997

• Urges federal and state governments to enact a policy of compassionate release and alternative sentencing for terminally ill, nonviolent offenders. Cosponsored by the National Lesbian and Gay Law Association.
  Approved August 1996

• Endorse the U.S. Sentencing Commission recommendation to amend federal sentencing guidelines to (a) eliminate differences in sentences based upon drug quantity for offenses involving crack and powder cocaine, and (b) assign greater weight in drug offense sentencing to other factors. Presented jointly with the Special Committee on the Drug Crisis. Cosponsored by the Standing Committee on Unmet Legal Needs of Children.
  Approved as Amended August 1995

• Supports legislation that would restrict sale and possession of assault weapons to the military and law enforcement divisions. Jointly presented with the Bar Association of San Francisco, the Association of the Bar of the City of New York, the Philadelphia Bar Association, the Beverly Hills Bar Association and the Alameda County Bar Association. Cosponsored by the Criminal Justice Section.
  Approved as Amended August 1993

• Urges revision of the Model Rules of Professional Conduct, Rule 6.1, regarding the amount of pro bono legal services a lawyer should aspire to render each year. Jointly presented with the Standing Committee on Lawyers’ Public Service Responsibility, the Section of Litigation, the Section of Tort and Insurance Practice, the Young Lawyers Division, the State Bar of California and the Minnesota State Bar Association. Cosponsored by the Section of Individual Rights and Responsibilities and the Section of Business Law.
  Approved as Amended February 1993

• Calls for compliance with due process protection in the eviction of persons convicted of drug-related crimes in public housing projects. Jointly presented with the Bar Association of San Francisco, the Special Committee on Housing and Urban Development Law, the Standing Committee on Legal Aid and Indigent Defendants and the Criminal Justice Section.
  Approved August 1990

• Amends the Model Rules of Professional Conduct, Rule 3.8, regarding the Special Responsibilities of a Prosecutor issuing subpoenas to lawyers in grand jury or criminal proceedings. Jointly presented by the Commission on Ethics and Professional Responsibility and the Criminal Justice Section. Cosponsored by the Section of Individual Rights and Responsibilities.
  Approved February 1990

• Opposes any attempt by the U.S. Department of Justice to exempt its lawyers from the Model Rules of Professional Conduct 4.2. Jointly presented with the Standing Committee on Professional Discipline, the Standing Committee on Ethics and Professional Responsibility, the Special Coordinating Committee on Professionalism, the Criminal Justice Section and the Litigation Section.
  Approved as Amended February 1990

• Supports enactment of legislation prohibiting the execution of defendants with mental retardation. Jointly sponsored with the Criminal Justice Section. Related recommendations sponsored by the Section Approved (8/87, 8/88, 8/91, 2/97); Withdrawn (8/76, 8/96); Not Approved (2/77).
  Approved as Amended August 1989

• Opposes discrimination in capital sentencing on the basis of race. Jointly presented with the Criminal Justice Section and the Section of General Practice. Related recommendations sponsored by the Section Approved (8/87, 2/89, 8/91, 2/97); Withdrawn (8/76, 8/96); Not Approved (2/77).
  Approved as Revised August 1988

• Urges Congress to pass amendatory legislation to prevent unfair impacts on the right to counsel and due process through the Money Laundering Act of 1986. Presented by the Criminal Justice Section. Cosponsored by the Section of Individual Rights and Responsibilities.
  Approved February 1987

• Urges enactment of federal legislation to amend the federal wiretap law to protect transmissions in all forms including voice, data and video among other amendments. Cosponsored by the Law Student Division.
  Approved August 1986

• Supports the concept of federal legislation that would clearly establish a federal right of action by both aliens and United States citizens against person who, under color of foreign law, engage in acts of torture or extrajudicial killing as defined by the law of nations. Jointly presented with the Standing Committee on World Order Under Law.
  Approved as Amended August 1985

• Endorses legislation to reauthorize and restructure the Law Enforcement Assistance Administration and the programs administered by it, insofar as such legislation is consistent with already established American Bar Association policies. Jointly presented with the Criminal Justice Section and the Judicial Administration Division.
  Approved February 1979

• Supports federal, state and local efforts to combat the incidence, causes and effects of family violence and supports the implementation of programs to protect the victims of family violence.
  Approved February 1978

• Supports the increase in the number of women and minority group employees in the correction systems of the nation. Jointly presented with the Commission on Correctional Facilities and Services.
  Approved August 1975

• Supports legislation to allow persons who unlawfully avoided military service to earn immunity from prosecution and punishment. Related recommendation sponsored by the Section not Approved (8/75).
  Approved August 1974

• Calls for a repeal of all laws that classify as criminal conduct any form of noncommercial sexual conduct between consenting adults in private.
  Approved August 1973

• Urges decriminalization of simple possession by users of small quantities of marijuana. Related recommendations sponsored by the Section not Approved (8/75); Approved (8/72, 2/84). Subsequent policy rescinds this policy (2/90).
  Approved as Amended August 1973

• Urges reform of laws punishing personal use or simple possession of marijuana. Related recommendations sponsored by the Section not Approved (8/75); Approved (8/73, 2/84). Subsequent policy rescinds this policy (2/90).
  Approved as Amended August 1972

• Supports legislation to repeal the statutory provision preventing veterans from paying an attorney to represent them in connection with their claims for federal benefits. Presented by the Pennsylvania Bar Association.
  Co-sponsored by the Bar Association of the District of Columbia, Section of Individual Rights and Responsibilities, the Standing Committee on Legal Assistance for Military Personnel, the Maryland State Bar Association, the Standing Committee on the Delivery of Legal Services, the Judge Advocates Association, and the Young Lawyers Division.
  Approved February 2005

• Adopts the ABA Principles Relating to Juries and Jury Trials dated February 2005 and recommends that the appropriate entities review and revise, as appropriate, their respective Standards so as to eliminate any conflicts with the Principles and urges state, local and territorial bar associations to improve the management of jury trials by promoting the implementation of the Principles. Presented by the American Jury Product. Co-sponsored by the Criminal Justice Section, the State Bar of Arizona, the New Jersey State Bar Association, the Section of Litigation, the Section of Business Law, the Section of Individual Rights and Responsibilities, and the Young Lawyers Division.
  Approved as Revised and Amended February 2005

• Endorses the revised Standards for the Establishment and Operation of Ombuds Offices, dated February 2004. Presented by the Section of Administrative Law and Regulatory Practice. Co-sponsored by the Section of Individual Rights and Responsibilities, the Section of Business Law, the Section of Dispute Resolution, the Section of Labor and Employment Law, and the Section of State and Local Government Law.
  Approved as Revised February 2004

• Supports the United States Constitution as the supreme law of the land and reaffirms the Association’s commitment to the doctrine of “judicial review” as a fundamental principle for a nation governed by the rule of law. Co-sponsored by the Section of Individual Rights and Responsibilities.
  Approved February 2003

• Supports efforts to improve the response of the federal, state, territorial, and local governments of the criminal and civil justice systems to elder abuse, neglect, and exploitation. Co-sponsored by the Section of Individual Rights and Responsibilities.
  Approved August 2002

• Urges states, territories, and possessions to commit sufficient resources to all courts and administrative agencies to enable them to provide qualified live, in-person language interpreters to ensure that all parties and witnesses may fully and fairly participate in all proceedings. Co-sponsored by the Section of Individual Rights and Responsibilities.
  Approved as revised February 2002

• Urges Congress, the Administration, and other appropriate entities to enact legislation and/or strengthen and develop initiatives to bridge the “digital divide.” Co-sponsored by the Section of Individual Rights and Responsibilities.
  Approved August 2001

• Supports the enactment or amendment of welfare legislation to require constitutional protections in the administration of welfare programs. Co-sponsored by the Section of Individual Rights and Responsibilities.
  Approved as revised August 2001

• Recommends that all election officials ensure the integrity of the election process through the adoption, use, and enforcement of the Election Administration Guidelines. Co-sponsored by the Section of Individual Rights and Responsibilities.
  Approved as revised August 2001

• Amends the Model Rules of Professional Conduct to add a new Rule 7.6, which prohibits a lawyer or law firm from accepting a governmental legal engagement or appointment by a judge if the lawyer or law firm makes or solicits political contributions for the purpose of such engagement or appointment. Co-sponsored by the Section of Individual Rights and Responsibilities.
  Approved February 2000

• Opposes legislation that would repeal the National Voter Registration Act. Co-sponsored by the Section of Individual Rights and Responsibilities.
  Approved August 1999

• Supports the implementation of housing and community economic development initiatives and programs that would revitalize low and moderate-income communities and historically underserved populations. Co-sponsored by the Section of Individual Rights and Responsibilities.
  Approved August 1999

• Supports efforts to ensure prompt enforcement of orders and final judgments of courts of competent jurisdiction in family law matters involving employees of international organizations. Co-sponsored by the Section of Individual Rights and Responsibilities.
  Approved as revised August 1999

• Opposes any diminution of existing rights of legal permanent residents to make campaign contributions and expenditures to the same extent as U.S. citizens. Jointly presented by the Standing Committee on Election Law, the Coordinating Committee on Immigration Law, the National Asian Pacific American Bar Association, and the Hispanic National Bar Association. Cosponsored by the Section of Individual Rights and Responsibilities.
  Approved February 1999

• Urges Congress to provide adequate funding to enable the Equal Employment Opportunity Commission to carry out its congressionally-mandated duties to investigate, conciliate and take legal action to enforce laws prohibiting discrimination. Presented by the Section of Labor and Employment Law. Cosponsored by the Section of Individual Rights and Responsibilities.
  Approved as revised February 1998

• Recommends that nominating or investigating bodies consider the privacy interests of judicial nominees or candidates in making character and fitness determinations. Presented by the Commission on Mental and Physical Disability Law. Cosponsored by the Section of Individual Rights and Responsibilities and the Judicial Division. Related recommendation cosponsored by the Section Withdrawn (8/97).
  Approved as revised February 1998

• Supports principles to preserve and strengthen federal judicial independence and separation of powers, and urges the ABA to take the lead in the formation of a consortium of organizations dedicated to an independent judiciary and impartial system of equal justice. Presented by the Standing Committee on Federal Judicial Improvements. Cosponsored by the Section of Individual Rights and Responsibilities, the Section of Real Property, Probate and Trust Law, the Senior Lawyers Division, and the National Conference of Federal Trial Judges.
  Approved as revised February 1998

• Affirms the historic and societal importance of the naturalization process and recommends improvements to ensure its fairness for people with disabilities. Cosponsored with the Coordinating Committee on Immigration Law, the Commission on Mental and Physical Disability Law, the Hispanic National Bar Association, and the American Immigration Lawyers Association.
  Approved August 1997

• Supports the principle that federal, state, territorial, and local governments permit the use of languages in addition to English to improve communication with government, to promote understanding of duties and responsibilities under the law, and to provide access to the justice system. Cosponsored by the Coordinating Committee on Immigration Law and Standing Committee of World Order Under the Law.
  Approved August 1997

• Urges jurisdictions that impose capital punishment not to carry out the death penalty without guaranteeing fairness, due process, and minimum risk to innocent persons. Jointly presented with the Section of Litigation, the New York State Bar Association, the Bar Association of San Francisco, and the Bar Association of the City of New York. Related recommendations sponsored by the Section Approved (8/87, 8/88, 2/89, 8/91); Withdrawn (8/76, 8/96); Not Approved (2/77).
  Approved February 1997

• Recommends that U.S. law should not disqualify potential senior executive and judicial appointees based on prior representation of particular types of clients. Presented by the Section of International Law and Practice. Cosponsored by the Section of Individual Rights and Responsibilities, the Section of Administrative Law and Regulatory Practice, and the Section of Antitrust Law.
  Approved February 1997

• Encourages courts to ensure the needs of child victims of abuse. Jointly presented with the Hawaii State Bar Association and the Young Lawyers Division. Cosponsored by the Law Student Division, Maine State Bar Association, and the Cleveland Bar Association.
  Approved August 1996

• Urges state and local bar associations to join the ABA in preventing homelessness by developing, supporting, and leading state and local initiatives, projects and programs. Jointly presented with the Commission on Homelessness and Poverty, the Steering Committee on the Unmet Legal Needs of Children and their Families, the Section of Litigation, the Association of the Bar of the City of New York, the Hispanic National Bar Association and the National Conference of Women’s Bar Associations. Cosponsored by the New York State Bar Association, the Bar Association of Metro St. Louis and the Commission on Women in the Profession.
  Approved as Amended August 1994

• Reaffirms commitment to and pledges support of unified family courts Approved in 1980 and set forth in Standard 1.1 of the ABA Standards Relating to Court Organization and Administration. Jointly presented with the Steering Committee on Unmet Legal Needs of Children and their Families, the Government and Public Section Lawyers Division, the Young Lawyers Division, the Section of Litigation, the Hawaii State Bar Association, the National Conference of Women’s Bar Association. Cosponsored by the Commission on Women in the Profession and the Criminal Justice Section.
  Approved as Amended August 1994

• Urges revision of the Model Rules of Professional Conduct, Rule 6.1, regarding the amount of pro bono legal services a lawyer should aspire to render each year. Jointly presented with the Standing Committee on Lawyers’ Public Service Responsibility, the Section of Litigation, the Section of Tort and Insurance Practice, the Young Lawyers Division, the State Bar of California and the Minnesota State Bar Association. Cosponsored by the Section of Individual Rights and Responsibilities and the Section of Business Law.
  Approved as Amended February 1993

• Calls for compliance with due process protection in the eviction of persons convicted of drug-related crimes in public housing projects. Jointly presented with the Bar Association of San Francisco, the Special Committee on Housing and Urban Development Law, the Standing Committee on Legal Aid and Indigent Defendants and the Criminal Justice Section.
  Approved August 1990

• Urges the ABA to oppose the approval of English-only legislation, which would establish English as the official language. Cosponsored by the Young Lawyers Division.
  Recommitted August 1988

• Recommends that state and federal education programs for judges include a course devoted to fairness and an analysis of race and stereotypes that may affect judicial decision-making. Presented jointly with the Association of the Bar of the City of New York, cosponsored by the Los Angeles County Bar Association, the Bar Association of San Francisco and the Law Student Division.
  Approved August 1986

• Supports the concept of federal legislation that would clearly establish a federal right of action by both aliens and United States citizens against person who, under color of foreign law, engage in acts of torture or extrajudicial killing as defined by the law of nations. Jointly presented with the Standing Committee on World Order Under Law.
  Approved as Amended August 1985

• Urges the United States Congress to provide appropriate legislative recognition to those denied equal justice under law pursuant to Executive Order 9066 and subsequent Japanese Americans to detention during World War II.
  Approved as Amended August 1984

• Opposes legislation relating to immigration or naturalization that restricts judicial review or limits adjustments of status. Supports legislation that permits grievances for denial of labor certificates and allows immigrants equitable legal remedy for employment grievances.
  Approved February 1983

• Opposes legislation that limits the right to administrative appeals in exclusion, deportation and asylum claims.
  Approved February 1983

• Opposes legislation that limits the scope of judicial review in immigration cases.
  Approved February 1983

• Opposes legislative proposal that would limit the rights of persons subject to exclusion, deportation or asylum proceedings. Jointly presented with the Section of Administrative Law.
  Approved as Amended February 1983

For more information, please visit the Criminal Justice Committee Homepage.