In view of the fact that John Howard Societies work in the area of community justice, it was a logical step for John Howard Society workers to ask the same question of our justice system, and in particular of our criminal courts. To what extent does the criminal justice system impact upon people with limited literacy skills? Our research was completed in the form of a report Presumed to Understand: Do You Understand? - An Analysis of Literacy, the Accused and the Justice Sector.

This study revealed a similar systemic discrimination regarding people with limited literacy skills in our courts.

Not only that, but the study raised questions about whether or not this very lack of awareness by the court and its officials might constitute, or at least contribute to, a breach of fundamental justice. Once again, John Howard Society workers concluded that the solution does not lie in creating another program. Rather, it requires awareness of how this particular handicap can impact upon evidence through statements, through the ability of a client to instruct counsel, in a client's ability to understand legal documents and directives, in the quality of witness evidence, in a jury's capacity to understand, and so forth.

Quite apart from the notion of process, there is even reason to believe that people with limited literacy skills simply perceive things differently than most of us, and that they actually 'problem-solve in ways that are different from us. Awareness of this, consequently, might contribute to a better understanding of the accused and the circumstances of the case.