social work practice and the law - Springer Publishing

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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
6 Social Work Practice and the Law Table 1.2 Types of Criminal Legal Problems Prearrest Arrest Pretrial Trial Sentencing Incarceration Reentry Profiling False and coerced confessions Illegal search and seizure Improper detention Harassment or police brutality For immigrants can lead to deportation Child welfare involvement Child custody concerns Pleading guilty for fear of more penalty Employment problems including suspension from job pending resolution of the case Competence to stand trial Temporary orders of protection excluding person from home or family Ineffective assistance of counsel Eyewitness error Making legal arrangements for care and custody of children Inappropriate use of informants Unethical police or prosecutorial conduct Mitigation assessment Appeals of conviction or sentence Fines as a result of a criminal conviction Immigration and deportation Custody and visitation Restriction from employment and licenses Child support Eviction from public housing Administrative hearings on the use of psychotropic medication and commitment to psychiatric facilities Jury bias Filing of complaints about treatment and access to medical and mental health care Insanity defense Restraint and pregnancy Inability to vote Inability to access student loan programs Marriage or divorce Reunification with children in foster care Sexual abuse and harassment
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Page 14 and 15: ACKNOWLEDGMENTS Lyn K. Slater I wou
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