The Measuring Justice Research Project: Increasing Access to Justice Globally by Promoting an Evidence Based Approach to Criminal Legal Aid

• In Event: Legal Services for the Indigent: Defining and Evaluating Quality in Indigent Defense

Abstract

ILF’s publication, “Measuring Justice” began to answer three baseline questions in defining and evaluating quality for criminal legal aid providers: Why does quality matter? What is quality? And how do we measure it? Quality matters because the right to free legal aid for every criminal defendant who is unable to afford a lawyer is a widely-accepted principle of law and an essential component of the right to a fair trial. In fact, the right to a fair trial demands that those who are charged with a crime and who cannot afford a lawyer be provided with access to legal aid. Most importantly, the mere presence of a lawyer is not enough: A growing body of international norms requires that the indigent accused be provided with access to quality legal aid – well-trained, skilled, and experienced legal aid providers who apply best practices and contribute to just outcomes. Actions that ensure quality may vary based on the legal procedures in a particular jurisdiction but, in providing legal aid, quality should universally be defined by a set of clear standards based in the rights of accused people. Standards start out as practice principles and are localized to reflect the procedures in a particular jurisdiction. To validate to these principles and standards, the legal aid community must be able to define and accurately measure quality which means fostering a new commitment to empirical research, data-driven strategies, and evidence-based practices. The goal of the Measuring Justice Research Project is to increase fairness and access to justice globally by facilitating and promoting an evidence-based approach to criminal legal aid.

Author

• Nicole Taylor, International Legal Foundation