Participatory defense

Participatory defense is a community organizing model that empowers individuals and communities to actively participate in the defense of their loved ones facing criminal charges. Developed in 2009, this model seeks to transform the criminal justice system.[1]

According to Raj Jayadev, founder of the Participatory Defense Network and Silicon Valley De-bug, there are four main components to the Participatory Defense model, which include community organizing, storytelling, courtroom advocacy, and community healing.[2] Participatory Defense aims to empower communities to take ownership of the criminal justice system, build relationships within the community, humanize defendants, provide emotional support, and achieve better outcomes for defendants and their families. [2] Participatory Defense has successfully created a sense of justice and accountability within the community.[3][4][5] Moreover, Participatory Defense challenges the traditional role of defense attorneys by engaging communities in the legal process and using personal narratives to humanize, shifting the narrative away from criminality and towards individual circumstances and needs.[6]

Cultural and community impact

Participatory defense has had major success and community impact through out the United States and can be seen in the experiences of the individuals and communities that have participated in it.[7] Police injustices, including racial profiling, excessive use of force, and wrongful convictions, are prevalent issues within the criminal justice system and disproportionally affect communities of color.[8] Several articles, have examined the harmful impact of police injustices on communities and individuals.[9] These articles highlight the need for systemic change to address these issues and help provide insight into the ongoing challenges and complexities of the criminal justice system, as well as the potential for community-based initiatives to create meaningful change. Participatory Defense emerged to address these concerns.[10][11][4]

Several scholars have written about and promote Participatory Defense as a promising approach to improve the quality of legal representation for low income and under resourced defendants. Participatory Defense can empower clients, shift the narrative away from criminality, and achieve better outcomes for defendants and their families. Several studies have shown evidence that Participatory Defense programs have a positive impact on clients' and families' sense of empowerment and agency within the criminal justice system, leading to reduced sentences and increased chances of acquittal.[12][13][14][15]

References
  1. McBride, Susan Hudson (2011-07-28). "What is "Participatory Defense"". Albert Cobarrubias Justice Project. Retrieved 2023-04-04.
  2. Transforming the Courts Through Family and Community Participation: The ACJP Model, retrieved 2023-04-04
  3. Mothers in Charge - Participatory Defense in Philadelphia, retrieved 2023-04-04
  4. "Non-Violent Three-Strikers Go Free with Justice Project's Help". San Jose Inside. 2014-06-12. Retrieved 2023-04-04.
  5. "De-bug's role as legal watchdog grows". The Mercury News. 2010-04-04. Retrieved 2023-04-04.
  6. Cilia, Ava. "Participatory Defense: What It Is and Why It Deserves Our Attention | Harvard Civil Rights-Civil Liberties Law Review". Retrieved 2023-04-04.
  7. 1,862 fewer years in prison, retrieved 2023-04-04
  8. "Racial Disparities in Law Enforcement Stops". Public Policy Institute of California. Retrieved 2023-04-04.
  9. Weintraub, Daniel (2010-05-23). "A Silicon Valley Group Gives Voice to Voiceless". The New York Times. ISSN 0362-4331. Retrieved 2023-04-04.
  10. Kadah, Jana (2022-06-06). "Silicon Valley families find faults with DA's handling of police shootings". San José Spotlight. Retrieved 2023-04-04.
  11. Favro • •, Marianne. "Nearly a Third of SJPD Officers Had Complaints Against Them in 2021: Report". NBC Bay Area. Retrieved 2023-04-04.
  12. "How to Improve Your Public Defense Office". www.publicdefenders.us. Retrieved 2023-04-04.
  13. Godsoe, Cynthia (2018-10-05). "Participatory Defense: Humanizing the Accused and Ceding Control to the Client". Mercer Law Review. Rochester, NY.
  14. Pennington, Liana. “An Empirical Study of One Participatory Defense Program Facilitated by a Public Defender Office.” Ohio State Journal of Criminal Law, vol. 14, 2017 2016, pp. 603–27.
  15. "A New Way Forward: Participatory Defense Symposium Illuminates and Inspires". Berkeley Law. Retrieved 2023-04-04.
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