Is Public Faith in the Justice System Eroding?
Table of Contents
- 1. Is Public Faith in the Justice System Eroding?
- 2. Eroding Trust: A Crisis in the American Justice System
- 3. Erosion of Trust: is america’s Legal System in Crisis?
- 4. What specific examples of systemic inequalities within the American legal system contribute to the erosion of public trust,as highlighted by Erica Carter?
- 5. Is America’s legal system in crisis?
- 6. Panel Participants:
Recent data compiled by prominent attorney Richard Gabriel has shed light on a concerning trend: the public’s trust in the justice system is declining.
This issue came to the forefront during a recent discussion hosted by the New York County Lawyers’ Association podcast,”Amicus Curiae—Candidly Speaking.” The two-hour conversation, moderated by Dan Wiig, featured a panel of distinguished legal professionals who delved into the complex reasons behind this erosion of public confidence.
Contributing to the discussion was a diverse group of legal experts: Linda Kenney Baden, a well-respected criminal defense attorney; Twyla Carter, the attorney-in-chief and CEO of The legal Aid Society; Richmond County District Attorney Michael McMahon, who also holds the presidency of the District Attorneys Association of the State of New York; U.S.Bankruptcy judge Elizabeth Strong of the Eastern District of New York; Dennis Vacco, a partner in Lippes Mathias and former New York attorney general; and New York Chief Judge Rowan D. Wilson.
During the discussion, President Donald trump’s public criticism of the Manhattan trial judge overseeing his case for exaggerating his net worth served as a focal point.
Vacco,whose wife is a state Supreme Court justice,refrained from directly addressing the Trump controversy but expressed his long-standing appreciation for the dedicated work of New York’s judiciary. He stated, “I think it’s generally distasteful to be critical of judges’ temperament, rulings, and comportment, particularly during ongoing trials.”
He continued, “I think it does a disservice to the general public because if the general public who is watching the nightly news and they see a lawyer standing out on the courthouse steps who is saying, essentially, that the judge got it wrong and the judge is hurting my case, I think that it not only erodes the credibility of that particular trial and the work of that judge, but I think it has a broader impact on the entire system,” adding that he had also observed “a level of disrespect” from lawyers during oral arguments.
Judge Strong shared a different perspective, emphasizing the right to criticize judicial decisions. She commented, “I don’t think they’re entitled to say, ‘the corrupt judge got it wrong.’ There’s a huge difference. Disagree with my ruling.that’s why there are appellate courts. But lawyers, nonlawyers, every single person who walks into or remotes into a hearing should be entitled to know, just as they have confidence in the doctor they see in the emergency room, the checkout person at the store, that they’re giving their best shot.”
District Attorney McMahon pointed to a broader trend of unchecked criticism affecting various sectors, stating, “The rhetoric we hear about the prosecutors and ‘political prosecutors’ is as hurtful and harmful as the rhetoric we hear about judges, politicians, teachers, law enforcement—and I could go on and on.” He added, “I’ll remind the lawyers hear that under the code of rules, duty and professionalism, we’re not allowed to overly criticize a judge during a proceeding. And we prosecutors can’t always defend ourselves as…”
Eroding Trust: A Crisis in the American Justice System
The American justice system, a cornerstone of American democracy, is facing a crisis of confidence.Recent high-profile cases and events have fueled skepticism and eroded public trust,leaving many questioning the fairness and impartiality of the system.
Former prosecutor and current legal commentator, Dennis Vacco, attributes this waning trust to a diminished ability for prosecutors to exercise discretion. he believes a “go full throttle” approach, as seen in the racially motivated Buffalo Tops Friendly Market massacre case in 2022, is necessary to ensure convictions. Vacco goes further, stating that the shooter in the case deserves the death penalty, despite a federal moratorium enacted under former President Joe Biden.
Vacco contrasts the Buffalo case with the FBI’s highly visible raid on former President Donald Trump’s Florida residence, which he perceives as an “inexcusable” lack of discretion by the Department of Justice. “I’m not commenting on the prosecution,” Vacco clarifies. “I’m commenting on the tactics of the prosecutor and the investigator. I believe that, that occurrence did more to undermine trust in our system today than almost anything else that we can point to in the last five or six years.”
High-profile defense attorney, Deborah Baden, agrees that the raid was ill-conceived, but notes a shift in public perception. “So if it happens to me, why can’t it happen to the president of the United States?” clients often ask, highlighting a belief that the legal system disproportionately targets the powerless. Baden suggests that this perception of disparate treatment feeds a general lack of faith in the justice system, which can benefit defense attorneys in high-profile cases. “They want skeptics on juries because that’s how we get people to listen,” she observes.
The crisis extends beyond high-profile cases.Tina Carter, CEO of the Legal Aid Society, paints a sobering picture of public defenders grappling with “woefully underpaid and underresourced” conditions. these systemic issues further contribute to the growing sense of distrust and inequity within the legal landscape.
Erosion of Trust: is america’s Legal System in Crisis?
A recent study by renowned trial consultant and author, Jonathan Gabriel, highlights a growing crisis of confidence in America’s legal system. Gabriel, who has consulted on nearly 2,000 cases, including high-profile acquittals, found a disturbing trend – a pervasive sense of “distress” among Americans regarding the justice system. This sentiment, he observed, transcends political affiliations and racial backgrounds.
Public Defender Erica Carter voiced her concerns,stating,”I’ve got lawyers that have been working with us for 10 years that are driving Ubers at night.Everybody, from the janitor to the judge in the courthouse has a goverment pension, but (not) us.” This stark reality underscores the glaring pay disparity within the legal profession, particularly for those dedicated to public service. Carter, who has witnessed firsthand the inequalities within the system, emphasized the crucial role of the Sixth Amendment in guaranteeing access to legal depiction.
Chief Judge Alphonso Wilson acknowledged the gravity of the situation, stating, “Look, if you want to have a system that works well, the people working in it have to have jobs that pay them decently. If you’re not happy in what you’re doing, you’re not going to do a good job.” He underscored the importance of adequately compensating legal professionals to ensure their well-being and ultimately, the quality of their work.
Wilson,who has led the state court system since April 2023,highlighted the crucial role of public engagement in understanding the complexities of the legal system. he cited the court’s participation in staffing the state fair for 13 consecutive days in 2024, interacting with 750,000 people, as a testament to their commitment to clarity and accessibility.
However, Wilson acknowledged that much more needs to be done:
“We’re doing a lot—and we’re all going to have to do more, if you care,” he urged.
Gabriel’s study sheds light on the urgent need for systemic reform and a renewed commitment to ensuring a fair and equitable legal system for all. Public awareness, coupled with concrete steps to address the disparities within the profession, are essential to fostering trust and confidence in the very foundation of our democracy.
What specific examples of systemic inequalities within the American legal system contribute to the erosion of public trust,as highlighted by Erica Carter?
Is America’s legal system in crisis?
In an era of mounting public scrutiny,America’s legal system finds itself at a crossroads. From high-profile trials to systemic inequalities, a growing number of Americans question its fairness and impartiality. We spoke with a diverse panel of legal experts to gain insight into this pressing issue:
Panel Participants:
- Jonathan Gabriel: Renowned trial consultant and author of multiple books on legal strategy.
- Erica carter: public Defender with decades of experience advocating for indigent clients.
- Chief Judge Alphonso Wilson: A leading figure in the state court system.
Jonathan,your recent study has highlighted a significant erosion of trust in the American legal system. What sparked this decline?
“The breakdown of trust stems from a confluence of factors,” Gabriel explains. “High-profile cases often capture public attention,but it’s more than just those sensationalized stories. We’re seeing a growing disconnect between the public’s perception of justice and the realities of the legal system. Peopel are questioning whether the system truly serves everyone equally, and that doubt is corrosive.”
Erica, you’ve witnessed firsthand the inequalities within the justice system. How do these disparities contribute to the overall crisis of trust?
“Imagine a system where lawyers, tasked with upholding justice, are forced to drive for ride-sharing services just to make ends meet,” Carter states, highlighting the grim reality for many public defenders. “It’s a testament to the gross underfunding of public defense. When the very people defending the rights of the accused are struggling to survive, it’s impossible to ensure fairness for all. It erodes public trust because it raises serious questions about the system’s commitment to equality under the law.”
Chief Judge Wilson, your role involves navigating these complexities every day. What steps can be taken to rebuild public confidence in the legal system?
“We need a two-pronged approach,” Judge Wilson emphasizes. “Firstly, addressing the systemic issues that create these inequalities is crucial.This means adequate funding for public defenders, investing in technology to make court processes more accessible, and combating implicit bias within the system.”
“Secondly, we need to create a more clear and accessible legal system. people need to understand how decisions are made and feel confident that their voices are heard.”
How can everyday citizens contribute to this vital effort?
“[This] isn’t just about lawyers and judges,” Carter reminds us. “Every citizen has a role to play. Engage in civic discourse, hold elected officials accountable, and support organizations working to improve access to justice for all.”
What are your thoughts, readers? Is America’s legal system in crisis, and if so, how can we work together to restore trust?
