The Importance of the Perception of Fairness in the Legal System By Pansy Moore-Shrier, Esq.
Fairness is what justice really is. ~Potter Stewart
meantime, there are two very simple and effective ways in which lawyers, judges, and legal staff can make immediate progress to increase the level of fairness: the It is important that the legal system be fair. The appearance of impartiality and attentiveness. Lawyer’s Creed, Rules of Professional Responsibility, Imagine this scenario: You, as the defendant in and Rules of Evidence all demonstrate that members of the legal system have an obligation to conduct a civil case, walk into the courtroom with your lawyer, themselves in such a way as to ensure that the system is noticing that the plaintiff’s counsel and the plaintiff are already in the courtroom. The judge, judge’s clerk, and fair. the plaintiff’s lawyer are happily engaged in a lengthy As with any large system, processes can develop discussion related to a basketball game their children that result in unfairness. Practically on a daily basis, played in over the prior weekend. What impact does there is a news report detailing unacceptable happenings this scenario have on fairness? Further, what if a juror in the legal system. The issue of fairness has become so observes this type of interaction? important that local, state, and national bar associations, Scientific research proves that witnessing this as well as an extensive list of public interest groups and type of interaction can persuade the viewer to find commissions, are working on identifying ways in which to make the legal system more fair — both for criminal the plaintiff’s case more persuasive due to cognitive biases. Humans’ brains make systematic, predictable, and civil cases. scientifically-proven decisional shortcuts, often referred It will take time and effort to implement to as cognitive biases. While there are numerous comprehensive changes in the legal system. In the cognitive biases that researchers have been identified, the
26 Tulsa Lawyer
