What Can the Legal Profession Do For Us? Formerly Incarcerated Attorneys and the Practice of Law as a Strengths-Based Endeavour

James M. Binnall
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引用次数: 4

Abstract

In recent years, the concept of strengths-based reentry has gained increased attention from scholars and commentators. Proponents of the strengths-based paradigm argue that the formerly incarcerated are far more than a collection of needs and risks. Rather, we bring unique skills to the reentry process that can be utilized to engage in generative activities that serve to diminish the stigma of a criminal history and to promote post-release success. Drawing on my own journey from prison to practicing attorney, this article contemplates the legal profession as one such generative activity. By serving clients at risk of criminal justice system involvement and organizing to promote experiential diversity at law schools and in the bar, many formerly incarcerated attorneys are engaged, often subconsciously, in ongoing stigma/shame management at the micro and macro levels respectively. For these reasons, this paper contends that the legal profession ought to be considered a viable, realistic option for formerly incarcerated students, as they possess the empathy to excel as attorneys and to use the law as a means of transforming their own self concept.
法律职业能为我们做些什么?曾被监禁的律师和以优势为基础的法律实践
近年来,基于强度的再入概念越来越受到学者和评论家的关注。基于力量的范式的支持者认为,以前被监禁的人远不止是需求和风险的集合。相反,我们为重返社会的过程带来了独特的技能,这些技能可以用来参与有助于减少犯罪史耻辱感和促进释放后成功的生成活动。根据我自己从监狱到执业律师的历程,本文将法律职业视为一种生成性活动。通过为面临刑事司法系统介入风险的客户提供服务,并在法学院和律师协会组织起来促进体验多样性,许多以前被监禁的律师通常下意识地分别参与微观和宏观层面的持续污名/羞耻管理。出于这些原因,本文认为,对于以前被监禁的学生来说,法律职业应该被视为一个可行、现实的选择,因为他们具有作为律师脱颖而出的同理心,并将法律作为改变自己自我观念的手段。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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