The lessons learned from Ferguson and the uprisings following the murder of George Floyd call for us to think about how abolitionist principles can influence the arguments we make in court and the ways in which we engage with our “clients” and their communities. In particular, the increasing popularity of abolition as an organizing principle and a strategy in the wake of social movements to advance racial justice has forced public defenders to grapple with what that means for their role.
Are we harm reductionists? Are we a part of the system? Can we be abolitionist public defenders? Embedded in these broader questions is an inquiry about the advocacy tools that criminal defense attorneys--and public defenders in particular--use daily to try and free people from the clutches of the system.
The legal service driven model can render clients passive recipients of defense services, whereas the momentum from Ferguson and subsequent social movements asks us to engage with communities differently. How might new models be conceived to think of our clients as co-conspirators? How do we move away from a singular focus on “humanizing” people to powerful arguments that rely on exposing the injustice of the system and the harm it inflicts? How can we advocate for individuals without exceptionalizing them as more deserving than others of relief?
Presenters will discuss these questions and more, including efforts to introduce concepts of participatory defense, connecting systems transformation work with direct client representation, and the use of data and research as part of the defense toolkit. Together we will explore what these new modes of advocacy can look like in criminal cases and how to engage with these sorts of questions and challenges through their clinics.