Thoughts on Criminal Defense Clinic I
I came into this clinic with limited experience. My concentration is in international human rights. I had never been to court before this clinic. Everything felt brand new to me. There were times when I felt appalled by what I was seeing and there are times when I had a bit more faith in the legal justice system. In the sections below, I will explain: my frustrations during fast track proceedings, arraignments, and jail call; my experience with juvenile court so far; and my understanding of racial disproportionality within the legal justice system. I will conclude with how I feel I have changed since I started this clinic.
II. Where International Human Rights Meets Domestic Public Defense
My first time in court felt more like a child’s first time at a circus. It is not the type of circus that is a lot of fun for the whole family. It feels more like a circus of horrors. The first Friday I went to court in January, I had no idea what was going on, who was doing what, and where to look. Everyone was talking, inmates were constantly being yelled at, and paperwork was being passed above and below my head. The only person with a mic was the judge so I could not hear what anyone else was saying. I did not even realize arraignments had begun because there was so much noise in the courtroom. The judge did not seem to care about the chaos around. It only took a minute to complete the arraignment process. I had trouble believing anyone, even the attorneys, fully understood what was happening during that process. I know it is not the protocol in court, but we are all humans. We should take some time to acknowledge each other as equal members of society. I wanted the judge to ask each defendant about his/herself, how the person became to be a defendant in the case, whether or not the defendant has any remorse. Instead of acting like a robotic representative of the law in terms of dealing with defendants, it would be better to treat defendants like people.
There is so much going on in the courtroom on Friday mornings that I feel it is a disservice to the clients. The clients are the topics of attention during the circus acts, but they rarely ever get their moment to speak freely. It feels like the clients are criminals even before they are legally deemed as such. They do not get to speak that much except to answer a few questions during arraignments. Some do not even fully understand what is going on and they feel that everyone in the room is there to screw them over. I heard on defendant comment that she does not trust any of the public defender because public defenders work for the government and all government employees are on the same team. She was very displeased with the legal system. I feel like if she had more one-on-one time with her attorney, she would not feel that way. Sometimes, when I do client interviews, I am told to let the client know the attorney will contact them closer to their court date or on the day of their court date. I am usually appalled to deliver this news to the client. I know public defenders are busy. I can see how hectic things are for the client. However, meeting the client for the first time on their court date strikes me as ethically and morally wrong. How can anyone truly get to know a person upon meeting for the first time? How can an attorney properly represent a client if the client and attorney only met and talked for a few minutes? It feels like there is no meaningful relationship with the clients.
Sometimes, there are meaningful relationships between attorney and client, but it feels more like favoritism. One morning, I observed a few fast track hearings. One involved a colored woman who stole twenty seven dollars in food. I cannot recall what she was sentenced to, but I know I was very upset and the number of months in jail she received. Right after her case, an old, white woman was there to plead guilty to stealing money over the span of multiple years from the treasury of her community. She was an upper middle class elderly woman so she had the pity of many people on her side. She was treasurer for her community’s fund and a lot of people on the board with her were her friends. She had been lying to her friends on the board for years on how money was being spent on the community when she was actually taking money for herself. She was sentenced to wear an ankle bracelet for a few months and had to pay back about thirty thousand dollars in restitution. What made me angry were the things her attorney said on her behalf. He said that when there is trust among friends, there are more hurt feelings than if she had been a stranger stealing from the treasury. I do not know why that friendship angle matters. She stole money. She came to court to plead guilty. She should not get sympathy because the hurt feelings of the board members were elevated by the fact that they were all best friends. If anything, that should cut against her. She should be even more ashamed that she stole from friends.
No one said that the colored woman who had stolen twenty seven dollars worth of food would probably starve if she did not steal. No one said that maybe she had mouths to feed and she could not let her household go without food. No one said anything to humanize her situation. No one even thought that stealing food to survive makes more sense than stealing thirty thousand dollars to spend on luxuries for yourself. The colored woman violated the black letter law and thus, she was sentenced. Yet, the elderly white woman’s attorney had so much to say about the fact that she should get some sympathy. I have no sympathy for the ex-treasurer. I left the court room that day fuming with anger. I was screaming internally. It felt like human rights to basic necessities like food, clothes, and shelter did not matter.
These types of problems seem to be an everyday thing. One person came to his arraignment and found out there was an arrest warrant out for him. He was arrested in the courtroom with about eighty onlookers. I felt embarrassed for him. The officer could have taken him out in the hallway and arrested him. It almost felt like they wanted to make a show out of the whole ordeal. I did not know how to frame the right that could apply to him. Is it a right to privacy? His arrest would not be completely private if he was arrested in the hallway, but a little more private than being arrested in the courtroom. Maybe it can be framed as a right against humiliation. I just knew that what I was seeing did not feel right.
The last issue that I wanted to address is inmate clothing. Much of the time, the clothes are oversized. On one occasion a bailiff pulled up the pants of an inmate who was shackled. On another occasion, the attorney pulled his client’s pants up. The human right I thought of here is right to adequate clothing. The clothing provided here is inadequate because they do not stay on the person. A right to touch one’s own person, especially when it comes to covering yourself properly, is another way I thought of framing this right. While pulling up inmates’ pants tends to cause giggles in the courtroom, I have trouble laughing about it. If I was in jail, I would not want anyone touching me more than required beyond security checks. Inmates lose their ability to be a part of society by spending time in jail. What is the purpose of losing the ability to pull up your own pants? The only purpose I can think of is humiliation.
III. Thoughts on Juvenile Court
Juvenile court has been a good experience for me. I appreciate the particularized care provided to each child. The child has multiple alternatives to jail time which could include different types of therapy, probation, participating in certain extracurricular activities, and more. I wish some of these options were available to adult defendants. Adult defendants usually have to pay for the social services they receive. I also wish the judges in adult courts would take more time to get to know the defendants the way Judge Shearer takes her time with each child in her court. I know that her court deals with juveniles who are not old enough to fully comprehend the consequences of their actions and need adults to guide them. I can say the same for adults. There are adults that still need a lot of adult attention and care.
Another important note about juvenile court is that in almost every situation the child is hardly at fault for what is happening. In deprivation hearings, I usually sit in the waiting room with the families. They have no idea who I am so they speak freely. I hear them blaming each other for having to come to court, for problems with the child, and more. No individual seems to want to take fault for their negative impact in the child’s life. In court, family histories tend to come out. Family members dispute how they view the things that happened in their past. One parent may have a history with domestic violence. Another parent may write it off as disciplining the child. It made me realize the importance of having parents in a stable relationship. Even if they are divorced, parents that work together as a team to raise their child is extremely important.
IV. Other Minorities and the Legal justice System
One thing that stood out to me is the lack of people from certain ethnic groups. I am West Indian and I have not seen anyone from my background in court. That is probably because our minority group makes up a very small population in Athens. It makes me wonder how often people of my ethnic group are subject to police scrutiny. I have always been hyper aware of police when they are around me. Yet, I have never personally been victimized by the police. There are many factors that go into that. One could be the way I dress and the books I always carry around. I do not think that is fair, though. As a colored person, I feel solidarity with other colored people, including Blacks. The fact that my Black brothers and sisters are constantly victimized while I am not under similar scrutiny is baffling. I am not saying that I want to be victimized by the police more. I just feel like this causes more divide among colored people. Some colored people seem to be favored over others. I think this divide based on favoritism is what makes us not all stand equally in solidarity with each other. Some colored people are racist against other colored people. We need to stand together. The victimization of one colored person should matter to all colored people, regardless of race.
I never thought I wanted to be the kind of lawyer that stands up in court, in front of a judge, and speaks. I am extremely introverted and a nervous speaker. Yet, when I see the chaos that takes place in court, I am moved to a point that I want to speak up on behalf of clients. I want them to know that I see them, I hear their stories, I would do everything in my power to help them, and I care about what they have to say. While I will always have a passion for international human rights, I am also no longer opposed to job searching at public defender’s offices. This experience has not only opened my eyes, but it has also opened my heart to people who deserve to be treated fairly.
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