Archive for the ‘Shared Knowledge’ Category

Life of a Holistic Advocacy Case, Shared Knowledge

February 19, 2009

Criminal Defense and Social Work: Makes Sense, Right?

I would argue that all crimes committed- however harmful, illogical, misguided, or seemingly senseless- were intended by the people who committed them to serve some kind of good in their lives. The factors and variables that contribute to criminal behavior in any given individual are convoluted to say the least. Law violations can not be explained away by statements like, “He knows the difference between right and wrong - and he chose to do wrong” or “She is just not a good person.” A person steals because s/he felt as if the item being taken would bring him or her something good - financial resources, status, respect from peers, etc. All people want what is good. The problem is that not all people have great insight as to what is actually good. They may just need someone they trust to help them reframe what is good and develop the skills to obtain it.

Right now, it is rare for professionals in the criminal justice system to ask why someone committed a crime - especially prior to the conviction. All they want to know is, “did you do it?” and “what do you deserve?” If they were asked, the person accused would be unlikely to be able to see all of the dynamics that led to their criminal behavior. And even if they did have that level of insight, it would be even more unlikely that the punitive measures they received as a result would specifically address those causal factors in an attempt to prevent future violations and/or invoke more positive outcomes for the individual and the community.

Here are the issues:

Here in Travis County, you nearly always have to take a conviction to get services.
The assessments to establish the needs of the individual are nearly nonexistant, severely faulty, and certainly not strengths-based.
The services which most people on probation (or in jail) receive are generally substandard and almost never individualized.

If we, as a society, want to be serious about keeping our communities healthy and safe, we need to commit to changing our strategies for addressing the criminal behaviors of people who live in our communities.

This is where Social Work in a criminal defense setting comes in.

What is Social Work?
According to the National Association of Social Workers (NASW), the primary mission of the social work profession is to:

Enhance human well-being
Help meet the basic human needs of all people
Pay particular attention to the needs and empowerment of people who are vulnerable, oppressed, living in poverty
Focus on individual well-being in a social context and the well-being of society
Pay attention to the environmental forces that create, contribute to, and address problems in living

What is a Social Worker?
According to the NASW, Social Workers:

Promote social justice and social change with and on behalf of clients. “Clients” is used inclusively to refer to individuals, families, groups, organizations, and communities
Are sensitive to cultural and ethnic diversity and strive to end discrimination, oppression, poverty, and other forms of social injustice
Seek to enhance the capacity of people to address their own needs
Seek to promote the responsiveness of organizations, communities, and other social institutions to individuals’ needs and social problems.

If social work and criminal defense aren’t a perfect fit, then I don’t know what is.

Social Workers are experts at examining a person in his or her environment. We think about the big picture. We value the process just as much as the product. Therefore, it makes complete sense to have Social Workers heavily involved in the criminal defense of a defendant FROM THE ONSET of a case. Who better to be a member of a team whose sole purpose is to be a zealous advocate for the client? Clearly criminal defense attorneys and social workers share core values and complementary services.

In the context of a criminal defense law firm, some of the services that social workers can contribute are:

Client In-takes (including psycho-social assessments, strengths assessments, and other basic clients assessments)
Gathering mitigation
Service Referrals (especially prior to conviction)
Strengthening the client’s support network by supporting the family
Client Advocacy (especially with prosecutors)
Assistance in Life-goal setting and obtainment
Recommendations for Expert Evaluations
Casework (ensuring that clients are adhering to social work plan and also successfully meeting requirements of the court; i.e. probation, classes, treatment, etc.)
Brief counseling (dealing with client and family’s frustration of criminal process, motivating, encouraging, mentoring)
Crisis Intervention

The next installments of this blog will explain how we accomplish these tasks at Sumpter & Gonzalez.

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Request for Info, Shared Knowledge

February 9, 2009

The Iron Rule: A Young Social Workers Dilemma

When I was in grad school, a professor (Dr. Streeter to be exact) said something to our class that has resonated with me ever since. He said, “There’s an Iron Rule in Social Work. It’s iron because it’s not flexible or bendable. You should never work harder than your client. You will not do your client any good by doing everything for him.”

I have bought into this philosophy. For me, it’s the whole “teaching someone to fish vs. giving them a fish” argument. As a Social Worker, I have worked very hard to establish my professional boundaries - to draw the line in the sand that I will not cross. I take great pride in integrity and sticking to my values. Up to this point, I have not broken this rule. Or, at least I’ve tried really hard not to.

One problem, though. I’m a Social Worker in a criminal defense law firm. By nature, our clients aren’t always the most responsible people in the world. They don’t always come to appointments- regardless of how many times you remind them. They certainly don’t always follow through with plans and action items. Don’t get me wrong; many do. However, the ones who could usually benefit most from an social worker’s assistance and the ones who usually REALLY need an excellent outcome in their criminal case, do not.

I have a true passion for being an agent of change for the people I serve. I really, really want them to achieve success - whatever that means for them. Problematically, I often find myself wanting their success more than they do. OK, ok… I’m exaggerating. Or am I? It certainly feels that way. And, I know I can’t make anyone do something they don’t want to do.

My question is: How can I empower my clients to invest their time and energy into their own lives and their own goals to their fullest potential?

I’m sure I’m really showing my inexperience as a social worker here, but it will be worth it if I could gain some tools and resources from some seasoned social workers.