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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