The Stress of Injustice: Public Defenders and the Frontline of American Inequality

35 Pages Posted: 19 Jan 2021

See all articles by Valerio Baćak

Valerio Baćak

Rutgers, The State University of New Jersey - School of Criminal Justice

Sarah Lageson

Rutgers, The State University of New Jersey - School of Criminal Justice

Kathleen Powell

Drexel University - Department of Criminology and Justice Studies

Date Written: December 12, 2020

Abstract

Fairness and due process in the criminal justice system are all but unattainable without effective legal representation of indigent defendants, yet we know little about attorneys who do this critical work—public defenders. Using semi-structured interviews, this study investigated occupational stress in a sample of 87 public defenders across the United States. We show how the intense and varied chronic stressors experienced at work originate in what we define as the stress of injustice: the social and psychological demands of working in a punitive system with laws and practices that target and punish those who are the most disadvantaged. Our findings are centered around three shifts in American criminal justice that manifest in the stress of injustice: penal excess, divestment in indigent defense, and the criminalization of mental illness. Working within these structural constraints makes public defenders highly vulnerable to chronic stress and can have profound implications for their ability to safeguard the rights of poor defendants.

Keywords: public defenders, criminal justice, occupational stress, social inequality

JEL Classification: K40

Suggested Citation

Baćak, Valerio and Lageson, Sarah and Powell, Kathleen, The Stress of Injustice: Public Defenders and the Frontline of American Inequality (December 12, 2020). Available at SSRN: https://ssrn.com/abstract=3765714 or http://dx.doi.org/10.2139/ssrn.3765714

Valerio Baćak (Contact Author)

Rutgers, The State University of New Jersey - School of Criminal Justice

123 Washington Street
Newark, NJ 07102-309
United States

Sarah Lageson

Rutgers, The State University of New Jersey - School of Criminal Justice ( email )

123 Washington Street
Newark, NJ 07102-309
United States

Kathleen Powell

Drexel University - Department of Criminology and Justice Studies ( email )

3141 Chestnut St.
Philadelphia, PA 19104
United States

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