social work practice and the law - Springer Publishing

1. Identifying the Legal Needs and Realizing the Rights of Social Work Clients 5
treatment they receive throughout their participation in civil and administrative
proceedings.
It is also important for social workers to know that when legal
concerns are not resolved it can cause further hardship, or secondary adversities,
for the individual and in many cases their family as well. When responding
to the question in the state surveys of how much trouble these legal issues
had caused their family, 60% of the respondents reported some trouble and
40% reported significant trouble. These statistics are consistent across states
and across geographical regions (Committee on Civil Justice—Supreme
Court of Georgia Equal Justice Commission, 2009; District of Columbia
Access to Justice Commission, 2008; Indiana State Bar Association, 2008; Massachusetts
Legal Needs Advisory Committee, 2003). Low-income individuals
also reported that they consider these legal problems as very serious and
important in meeting the basic needs of self and their family (Legal Services
Corporation, 2009).
LEGAL NEEDS OF CLIENTS IN THE CRIMINAL
JUSTICE SYSTEM
During 2009, the Federal Bureau of Investigations estimates that there
were 13,687,241 people arrested for a crime (U.S. Department of Justice,
2009a). In 2008, over 7.3 million people in the United States were on
probation, in jail or prison, or on parole (Sabol, West, & Cooper, 2009). State
and federal prison authorities had jurisdiction over 1,610,446 prisoners,
with 1,409,166 in state jurisdiction and 201,280 in federal jurisdiction, and
local jails held 785,556 persons awaiting trial or serving a sentence (Sabol
et al., 2009).
The legal needs of clients in the criminal justice system are pressing and
profound at every stage of their interaction with the system because of the
high stakes involved, particularly for men and women of color (Glaze &
Maruschak, 2008; Sabol et al., 2009). The rate of incarceration for Black
males has been estimated at 3,161 per 100,000 U.S. residents compared to
487 per 100,000 U.S. residents for White males (Sabol et al., 2009). The
Bureau of Justice Statistics reports that there are 1,706,600 U.S. children
under the age of 18 that have a parent that is incarcerated (Glaze & Maruschak,
2008). Black children are 7.5%, Hispanic children 2.2%, and White children
0.9%, more likely to have a parent in prison (Glaze & Maruschak, 2008).
Numerous studies report racial disparities exist at every decision-making
point of the criminal justice process; prearrest, arrest, pretrial prosecutorial
discretion, during trial, and sentencing including death, with similar findings
reported for youth in the juvenile justice system (Hartney & Vuong, 2009;
Sentencing Project, 2010).
Table 1.2 presents the range of legal problems that can be experienced
by low-income individuals before and throughout their involvement in the
criminal justice system.
Many of the legal matters identified in Table 1.2 can also be thought of
as social service needs. Assisting a family you are working with to prepare