VI

Barriers in the Criminal Justice System to the Right to Understand

Literacy workers, court advocates, lawyers and judges consulted in the preparation of this manual have identified literacy-related barriers in the criminal justice system and the court process.

While limited literacy often includes limited vocabulary and/or limited understanding, people with low literacy skills have usually developed strategies for obtaining and remembering information. These strategies are not adequate for navigating the legal world. "Legalese" might as well be a foreign language for most people who come before the courts, even if they can read and write. The John Howard and Elizabeth Fry Societies, as well as other social agencies consulted, have found that most of their clients ask for help with legal paperwork and for explanations of documentation or procedures at all levels of court. Many decisions must be made throughout the process; a great deal of information must be communicated, understood, remembered and acted upon.

"It's not that anyone is wrong or misguided, but we're all human and we respond in very human ways in the institutes of justice. Those of us behind the counter assume that everyone can read and write as well as we can and those of us who approach the counter from the citizen's side aren't going to easily say 'I'm sorry sir that I don't read and so I don't understand this notice that you sent me, a subpoena, or whatever the document is, requiring me to do something. It's not that I ignored it. It's simply that I didn't know what it said.'"
- Phil Knight, Legal Language Specialist