Why Raj Jayadev is helping Philly's criminal justice system adopt participatory defense

What happens when people can’t afford to pay bail? They plead guilty. That’s what happened in the Bronx Court System, which has “one of the most backlogged big-city courts in the nation.” One nonprofit, Bronx Defenders, wants to help, by paying their bail.

As incarceration rates of women in America continue to rise, Still She Rises, a project of the Bronx Defenders, uses a holistic approach to legal defense for incarcerated mothers in Tulsa, OK. Attorneys for the organization investigate injustices in cases and represent local, often impoverished, mothers, who face losing custody of their children in the face of the law.

Members of the military who are survivors of sexual assault have access to special victims’ counsels to help guide and protect them throughout the legal process. The efforts are still young, and with that comes issues of ill-trained or over-worked legal representation – a criticism that has been made known by advocates. Furthermore, while the existence of such assistance is extremely beneficial to military personnel, the same sort of protection and support isn’t available to civilians who are alleging violent crimes against military members.

A digital tool called Restore Your Vote launched in the summer of 2018 to help ex-convicts understand their voting restoration status after re-integrating into society. The initiative, which has been piloted in Alabama, aims to reduce disenfranchisement in ex-convict communities by targeting unclear language, misinformation, and lack of access to education.

South Fulton is the only city in the U.S. to put black women in charge of its criminal justice system—from the judge, to the prosecutor, to the public defender. “The result: A focus on community policing, pretrial diversion programs and assigning public defenders to all cases.” Ultimately, the aim is to divert black people from entering the prison pipeline, and establishing a model that can be replicated in other cities.

Using the catalyst approach, Judge Thelton Henderson was able to reform California prisons. He employed courts to change bureaucratic systems, and was moved by the idea that if you “encourage everyone involved to buy into a solution.. long-term change will happen.” Coupled with court orders, Henderson oversaw lawsuits involving overcrowding and inadequate medical services in prisons. A move that led to statewide change.

Rampant misconduct by judicial systems across the country brought to light a crippling practice of debtors' prisons—where disadvantaged individuals unable to pay fines and fees were continually and wrongfully imprisoned, creating a vicious cycle. The American Civil Liberties Union stepped in to work with governments and private companies to increase transparency, eliminate abuse, and reeducate law enforcement officials. The state of Ohio has emerged as a leader in reforming debtors' prisons, though there is still work to do.

Many offenders get out of jail owing hundreds or thousands of dollars in court and parole fees but face barriers to financing and job acquisition, sticking them in a punitive, vicious cycle of debt and arrest. A program called the Clapham Set, perhaps paired with conditional cash transfers - may be a solution, as it erases fees for felons who complete rehab and job training upon release.

The Defender Association of Philadelphia practices community-oriented public defense — also known as "holistic defense" — to connect clients with support services and resources that help address the root causes of crimes. The association works with social workers, investigators, and paralegals to get clients access to housing, food, jobs, and healthcare, as well as mental health and substance use treatment, with more than 150 people referred to treatment providers between September 2016 and January 2017.

The nationwide nonprofit Partners for Justice aids public defender offices and their clients, helping to close gaps that can turn into unfair outcomes in criminal cases and repeated failures guaranteeing incarceration. Advocates get posted for two years to assist underfunded public defenders in multiple cities. The help can include gathering evidence to aid in clients' defense. But it goes beyond that to helping them and their families navigate bureaucracies so that their lives can be stable enough to avoid more criminal legal entanglements.