March 18th marked the 56th anniversary of the landmark US Supreme Court case Gideon v. Wainwright and National Public Defense Day. As a former investigator for the Public Defender Service for the District of Columbia, current project director of the Right to Counsel National Campaign, justice reform advocate, and American citizen, I am proud to celebrate the public defense community and the clients – which could be any of us – they represent. Continue reading “In Defense of Public Defense”
“What’s the Story?” Reflection: The Marshall Project Monthly Speakers Series and the Power of Media
This past Fall, The Marshall Project launched, “What’s the Story?”, a monthly speaker series that highlights how narratives and media impact criminal justice policies and practices. The latest event on January 23, 2019 featured Tayari Jones, Piper Kerman, and David Simon. All three spoke powerfully about how broadcast and print media can shape perceptions and drive the narrative around criminal justice.
Continue reading ““What’s the Story?” Reflection: The Marshall Project Monthly Speakers Series and the Power of Media”
In Re Gault – Progress or Regression
“The Road to Hell is paved with good intentions.” – Unknown
As I walked into my first (and only!) law class in grad school, there was a quote written on the whiteboard. Our professor looked at us and asked, “How does this apply to our case today?” The case in question was “In re Gault,” the landmark US Supreme Court case which established the right to counsel for juveniles in delinquency cases in 1967. That may have been my only law class, but I continue to grapple with the issues raised by this case through my work training and providing technical assistance to juvenile drug treatment courts. In the 51 years since Gault, we’ve come a long way to ensure justice for youth, but there are still steps we need to take, especially when it comes to the right to counsel.
Let’s Talk about the Constitution
Do you remember where you learned about the guarantees of our Constitution? Was it in sixth grade civics class like it was for me? My daughter Claire, who is 11, is going into sixth grade this fall, and I’m curious about whether or not she’s going to be taught about the Constitution and, specifically, about the Sixth Amendment’s right to counsel. Continue reading “Let’s Talk about the Constitution”
“… You have the right to an attorney…”
My colleagues here at the Justice Programs Office (JPO) will cringe when they see this, but I sometimes hear clips from the old TV show “Law & Order” when we talk about the right to counsel. Bear with me, please, but for a long time I thought Miranda warnings and the right to counsel were synonymous. And though I now know that not to be true, when we have these conversations I still can’t help but hear the echo of so many detectives in so many episodes saying, “You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.” Law & Order was my grandmother’s favorite show—she loved Lennie Briscoe—and I spent a lot of time watching it with her as a teenager. One of the consequences of hearing law enforcement officers on TV tell every person they arrest that they have the right to an attorney and that one will be provided if need be is that I—and, I suspect, many others—think that’s how the American justice system works. Every person accused of a crime has access to defense counsel.
Healing While Defending Right to Counsel
For those who work in the treatment court field, how often is a public defender part of your drug treatment court team? If your answer is “sometimes,” “not often,” or “not at all,” please continue to read. If your answer is “always,” kudos to you; please share this blog post and your stories with us.
Drug treatment courts use a specialized model for people facing criminal drug charges who live with serious substance use and mental health disorders. Drug court teams, which comprise members of the judiciary, prosecution, defense bar, probation, law enforcement, mental health, social services, and treatment communities, work together to help addicted offenders get into long-term recovery. As part of the drug treatment court team, public defenders participate in the team meetings and often provides input in his/her client’s treatment plan.