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CRIMINAL JUSTICE

CRIMINAL JUSTICE-CRIMINAL LAW-PROCDEDURE-SENTENCING-COURTS

Posts tagged justice system reform
Trauma-Informed Practices for Criminal Courts A Blueprint for Implementation

By Alejandra Garcia, Taylor DeClerck, Amber Moe, Sarah Blanco, Karen Otis, Danielle Pugh

TIPS Lab was born out of the need to address trauma in criminal courts—an urgent need shown by statistics on the prevalence of violence and victimization in the United States. For defendants in criminal courts, the prevalence of trauma is estimated at twice the rate as that of the general population,1 and for female, transgender, and juvenile defendants, experiences of victimization are nearly ubiquitous.2 Trauma can lead to justice system involvement through several mechanisms: substance use spurred by trauma, which can lead to arrest and prosecution for drug-related crimes; coercion to engage in criminal activity by an abusive partner or exploiter; trauma symptoms such as emotional dysregulation, hypervigilance to threat, and angry outbursts that increase risk for engaging in violent behavior and arrest; and utilization of violence as a survival strategy and learned behavior.3 Involvement in the system itself, including arrests, arraignments, and jail stays, are also opportunities for re-traumatization. Individuals who have experienced trauma within the criminal court system may exhibit symptoms such as flashbacks, overwhelming emotional and physiological responses, numbing, and dissociation. These symptoms can impact their well-being and hinder their ability to participate in the legal process. Trauma within the criminal legal system can manifest as attempts to gain a sense of control and safety; difficulty with attention, concentration, and memory; guardedness; and difficulty trusting court practitioners. When trauma is left unaddressed, defendants can cycle through the system, experiencing repeated arrests and prosecutions. Additionally, criminal court practitioners may have had their own traumatic experiences and can also be traumatized, or re-traumatized, which can affect their well-being and effectiveness as a practitioner.4 Practitioners can implement the recommendations in this blueprint to address trauma in order to enhance the consistency and effectiveness of criminal court practice, resulting in processes that are less stressful, calmer, and more comfortable for all court users

New York: Center for Court Innovation, 2025. 64p.

The Public’s Defender: Analyzing the Impact of Electing Public Defenders

By Andrew Howard

Almost every county in the United States elects its chief Prosecutor, but the chief Public Defender, if there is one, is generally an appointed position. In four states, however, some or all of the Public Defender offices have elected leaders. Although prosecutorial elections have been heavily studied and criticized, relatively little attention has been paid to the elections of their counterparts. This Note sheds light on how Public Defender elections impact a criminal justice ecosystem. A series of interviews with elected Public Defenders reveal these elections can enhance the independence and stature of the position. Additionally, the interviews and additional research rebut the primary criticism of these elections: that voters may elect someone who wanted to work against indigent defendants. There are simply very few examples relative to the many counties that have these elections. These qualitative findings are supported in part by further quantitative analyses. First, this Note found a correlation of increased Public Defense experience amongst the state judiciary in jurisdictions where there the chief Public Defender is elected. Second, this Note found a correlation between these elections and increased salary parity between Public Defenders and Prosecutors in the same state.

Accordingly, this Note argues that some counties should explore making their chief Public Defender an elected position. While far from a panacea for the many issues facing the American criminal justice system, these elections could help enhance the quality of indigent defense where implemented.

Columbia Human Rights Law Review, 2020, 40p.