Exercise 6: Fear and Trust

Exercise 6: Fear and Trust

Distrust of the judicial system may deter court users from appearing in court. It is vital for courts to engage with the public to build their trust, connect them to resources, and to reassure them that they will get a fair hearing if they do have to come to court.

Question 1.

Gut check: Grab a piece of paper and a pen. For two minutes brainstorm all the reasons why and ways a court user may be fearful or have distrust in the judicial system. When you’re done, click below to reveal a sample list.

  • Fear of negative outcomes such as arrest, fees and fines, or eviction
  • Fear of collateral consequences, such as:
    • immigration status,
    • housing,
    • employment,
    • impact of criminal record,
    • family complications/dynamic,
    • Credit Score impact
    • Not being able to get identification documents that match someone’s gender identity
  • Fear of the unknown, such as:
    • Confusion
    • Anxiety and stress
    • Scared to ask questions
    • Navigating to and in the courthouse
    • Not knowing how to address people in court
    • Feeling like they don’t know how to dress for court
  • Distrust of law enforcement and authority due to past experiences (personal or community which they belong)
  • Not knowing if the building is accessible for individuals with disabilities
  • Recognition of the imbalance of power/power dynamics, such as:
    • Judge sits on bench high above them
    • Have to go through security
    • Not being able to bring personal items into the courtroom like food, beverage, or having to turn their phones off
  • Limited bandwidth to manage the additional
    • Managing existing obligations like childcare, work, or meeting health needs for themselves or someone they care for
    • Ability to dress and present themselves professionally in the court setting
    • Feeling like they would not have time to manage the resulting decision of a court hearing

Court users are often in court to deal with a difficult life event such as an interruption in housing, a domestic violence incident, or the consequences of an arrest. Most court users do not miss court because they are intentionally fleeing prosecution or consequences, rather, nonappearance is often an avoidance approach. Court users can be overwhelmed by the idea of going to court and do not know where to start. Sometimes the issue that would bring them to court is already too consuming, and it can be too much to deal with the court process on top of that.

The court can address some of these challenges by clearly communicating about the process, what will happen in court, and the potential outcomes prior to the court appearance.

Question 2.

Walk a mile in their shoes: When was the last time you walked through the front doors of the courthouse? If it’s safe to do so, try the following exercise while you walk through the court and follow the path of a court user to your courtroom. If it is not safe, complete the exercise while picturing the court in your mind.

  • What does the exterior of the courthouse look like? Is it clearly identifiable? How grand, or maybe how stale, is the building?
  • Is there law enforcement presence around the exterior of the courthouse?
  • Is there security to enter the courthouse? A metal detector? Do you have to take off any articles of clothing to go through the metal detector? Are you allowed to bring your personal items with you?
  • Once you enter the building, is it clear where you need to go for your hearing? If not, is it clear who you can ask?
  • How many departments such as the clerk’s office, payment centers, self-help center have court staff behind high counters and protective glass?
  • Once you make it into a courtroom, sit in the gallery.
  • How many law enforcement officers and bailiffs are in the courtroom?
  • Consider how intimidating the judge’s bench may be from the gallery, or even the parties’ podium or table. Is there a barrier separating the spaces? How high up is the bench? What is displayed behind the bench?

Courts are serious places and should be treated as such. However, consider how intimidating the space may be and how it impacts the ability of court users to come to or return to court. Consider how people of different communities or lived experiences may view a courthouse and what it symbolizes. For many, the space and the people in it have been a part of their most challenging days.

Simplicity, clarity, and transparency promote public trust and confidence in the judiciary. Understandable court communications increase access to justice by preparing court users before, during and after their appearance.

Finish Exercise