Earning people's trust every day

by Marna Anderson, Executive Director

In the mid-1990s, I lived in rural El Salvador and worked with a nongovernmental organization. The civil war had ended. Law enforcement was no longer controlled by the military, but local police departments were nonexistent in many parts of the country. The closest precinct to my community was approximately 15 kilometers away—a 45-minute drive due to poor road conditions.

In the evening, it was common for young men disillusioned with their lives and lacking in hope and livelihood to wander the community looking for alcohol and something to do. Many were armed, and community leaders did not have the fortitude to challenge them. We knew it was just a matter of time before someone would be killed by a stray bullet. My friend Rosa’s five-year-old daughter, Christina, was the first victim. She was shot in the head by a bullet that ricocheted through the roof of her home while she was inside watching television.

With the help of his family, the suspect fled to Honduras. His family offered to pay off Rosa to keep her quiet. Her own family members pressured her to hunt down the suspect and kill him. But Rosa, who had worked during and after the war to help create a new society, believed that a functioning criminal justice system was a significant element in the democracy she and others envisioned. She believed that using the criminal justice system, as flawed as it was, was a better option than taking justice into her own hands.

Eventually, the defendant was charged, tried, and found guilty. But he wasn’t brought back to face the charges, and he wasn’t present at his own trial. His family got word to him of the verdict, and he only returned to the community when he believed apprehension was no longer a threat. Rosa frequently reports his whereabouts, but he has never been taken into custody.

The tragedy of her daughter’s death and Rosa’s persistence to seek legal justice serve as a reminder that our justice system is worth fighting for.

“The ordinary administration of criminal and civil justice…contributes, more than any other circumstance, to impressing upon the minds of the people affection, esteem, and reverence toward the government.” Alexander Hamilton

We all know the American justice system isn’t perfect. The ideals of fairness and impartiality upon which it is based are not always evident during investigations or in the courtroom. Racial disparities in the justice system are well documented. According to a Department of Justice report, 80% of defendants sentenced to death in the United States are racial minorities. And though more laws protecting women from rape are now on the books, victims seem to be on trial just as much as if not more so than defendants, particularly in cases involving celebrities or men in positions of power.

In spite of these failings, a 2001 report published by the University of Pennsylvania found that compared with historical benchmarks, the American criminal justice system is probably more fair and effective than ever. But it still falls short of public expectations. A 1999 Gallup poll indicates that just 23% of respondents have a “great deal of trust” in the criminal justice system, the lowest rating for all institutions, including banks, the medical system, public schools, television news, newspapers, big business, and organized labor.

“Trust in the criminal justice system is no longer automatic, but rather earned every day during each encounter between legal agents and citizens.”¹

Our society has a stronger sense of equality and expectation of fairness than we did a few decades ago. The same report by the University of Pennsylvania points out that people equate fairness in the courts to how they were treated by members of the justice system, whether they were listened to, had the opportunity to voice their concerns, and had accurate information about their case. In particular, it notes an increased trust in the justice system when victim rights are upheld.

Other research² shows that when citizens trust the justice system, they are more likely to comply with the law. And trust has to do with the perception of fairness and interactions with members of the justice system. More than anything else, WATCH volunteer monitors gather data on courtroom conduct and practices. We know how important it is to the public’s perception of the justice system.

I recently spoke with a judge regarding his words at the sentencing of a defendant. Our monitor felt that he demeaned the victim by saying that the crime she suffered wasn’t as bad as others he’d seen and that she had made poor decisions the night she was assaulted. The judge listened to WATCH’s concerns, said he appreciated the conversation, and would review the court transcript to see how he could choose his words more carefully in the future.

Providing such feedback from court monitors can make a difference in how people are treated and in turn, plays an important role in increasing the public’s trust in the system. Despite its shortcomings, our justice system is making progress. But we should all continue to prod it toward its highest ideals. If my friend Rosa can stand for justice in a country with no functioning legal system, we can do no less than challenge our system to do its best for all its citizens.

This article appears in the Summer 2011 WATCH newsletter. You can download the entire issue (as a .pdf) here.

1 Sherman, Lawrence W. Trust and Confidence in Criminal Justice (University of Pennsylvania; 2001) 14.

2 American Judges Association, Procedural Fairness: A Key Ingredient In Public Satisfaction; 2007; 14.