David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
The right to counsel for juveniles in delinquency cases that the Supreme Court declared in In re Gault can be seen as an effort at systemic reform - a purposeful alteration of the structure, procedure, or resources of a law-administering system that aims to better align the system's operation with the principles or ideals on which it is based. Although the Court articulated the benefits of counsel in terms of individual representation, juvenile defenders are increasingly called upon to expand their role to include broader forms of advocacy aimed at reforming juvenile justice system practice and procedure. The predominant stakeholder collaboration model of systemic reform may seem counter to adversarial defense advocacy in individual representation. However, I argue that the stakeholder model is actually more strategic than it is made to appear. Hence, it provides opportunities for defense advocacy at the systemic level, using three primary approaches: (1) understanding the system from the perspective of the client, (2) analyzing the status quo as an accommodation of competing interests, and (3) listening for the narratives of system officials that legitimate their behavior and place blame for systemic problems elsewhere. Rather than being incongruent with individual advocacy, I use examples from the Annie E. Casey Foundation's Juvenile Detention Alternative Initiative (JDAI) to illustrate that these building blocks of systemic reform are extensions of the same advocacy tools that defenders already employ in their representation of individual clients.
|Keywords||No keywords specified (fix it)|
No categories specified
(categorize this paper)
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
David DeGrazia (1996). Why the United States Should Adopt a Single-Payer System of Health Care Finance. Kennedy Institute of Ethics Journal 6 (2):145-160.
Ana Marta González (2011). Kant's Philosophy of Education: Between Relational and Systemic Approaches. Journal of Philosophy of Education 45 (3):433-454.
John Alexander (2007). Environmental Sustainability Versus Profit Maximization: Overcoming Systemic Constraints on Implementing Normatively Preferable Alternatives. [REVIEW] Journal of Business Ethics 76 (2):155 - 162.
Sorinel A. Oprisan & Ana Oprisan (2006). A Computational Model of Oncogenesis Using the Systemic Approach. Axiomathes 16 (1-2):155-163.
Arash Golnam, Gil Regev & Alain Wegmann, A Modeling Framework for Analyzing the Viability of Service Systems.
R. C. Paton (1992). Towards a Metaphorical Biology. Biology and Philosophy 7 (3):279-294.
F. C. Boogerd, F. J. Bruggeman, Robert C. Richardson, Achim Stephan & H. Westerhoff (2005). Emergence and Its Place in Nature: A Case Study of Biochemical Networks. Synthese 145 (1):131 - 164.
Peggy B. Gill & Amy Stevens Griffith (2004). Examining a Model of Evolutionary Educational Systemic Change Within Existing Societal Systems. World Futures 60 (3):241 – 252.
Terry Carney, Fleur Aileen Beaupert, Julia Perry & David Tait, Advocacy and Participation in Mental Health Cases: Realisable Rights or Pipe-Dreams?
Michael McCubbin & David Cohen (1999). A Systemic and Value-Based Approach to Strategic Reform of the Mental Health System. Health Care Analysis 7 (1):57-77.
Sorry, there are not enough data points to plot this chart.
Added to index2009-01-28
Total downloads1 ( #452,280 of 1,099,701 )
Recent downloads (6 months)0
How can I increase my downloads?