Integrating Social Work and Criminal Defense

Charting a Course Toward More Comprehensive Client

Representation

National Organization of Forensic Social Work Annual Conference 2012

Baltimore, MD

R. Chris Smith, LCSWMatthew Silvey, LCSW

“Traditional” Model of Public Defense

• History of Indigent Defense– 6th Amendment– Powell 1932– Gideon 1963– Argensinger 1972– Strickland 1984

“Traditional” Model

• Operationalizing indigent defense– Pro Bono– Vouchers– Government / Public Defender Agencies– Contracts

“Traditional” Model

• Effectiveness?– Overworked– Underpaid– Under supported– Devalued– Under funded

Emergence of the Holistic Model of Representation

Holistic Model: Rationale

• Traditional model is ineffective– Does not address underlying causes of

criminal activity– Attorneys lack collateral support

Holistic Model: Rationale

• Crime prevention

• Reducing recidivism

• Sentencing component support

Evolution of the Holistic Model of Indigent Defense

Evolution of the Holistic Model

• Not a new concept

• Use of SW as specialists in capital cases (Wiggins 2003)

• Emergence and success of problem-solving courts

• Community connections

• Full-scale adoption of the Holistic Model

Examples:

• Bronx Defenders

• San Francisco Public Defender

• Neighborhood Defender Services of Harlem

• Kentucky Department of Public Advocacy

• Georgia Justice Project

• Knox County Public Defender’s Community Law Office

Implications for Social Workers

• ABA Task Force: Analyze and provide direction

• Potential for contributions by SW’s:– Rich history of holistic practice– Clinical and community practice skill– Emphasis on community collaboration and

empowerment

Challenges: Define the Model

Change Over Time…

Defining Culture and Managing Change

• Mission

• Values

• Goals

Integration

Community Involvement / Investment

• Local neighborhood

• Criminal justice community

• Treatment community– Recovery– Mental Health– Homeless

Community Involvement / Investment

• General Public

• State/local government

Funding and Sustainability

• Grant funding availability / access

• Private funding

• Use of volunteers

• College of Social Work

Education and Training

• Community education and training– Professional training

• Inter-agency• Intra-agency

– Community training

• Contributing to the knowledge base– Tracking outcomes– presentations

Education and Training

• Fostering, maintaining relationship with CSW– Adjunct teaching– Internships

Practice Standards

Summary and Future Directions