Critical Pedagogy and the Live Client Clinic

Dr. Robert Schehr
Department of Criminology and Criminal Justice
“Education” as an empty signifier
“Education” as hegemony
 Apple, Bourdieu, Bowles and Gintis, MacLeod,
Kennedy, Jessop, Foucault, Farber, Dewey
 “School is a system reproducing steering
mechanism whose curriculum and teaching
methods are designed to advance the interests of
the status quo” (Schehr)
Foucault – “Schools create docile bodies.”
Farber – “Schools teach you by pushing you
around, by stealing your will, by making timid
square apathetic slaves out of you – authority
Difference between “learning” and
“education” (Moliterno)
 Learning can happen anywhere
 Education consists of designed, managed, and
guided experience
▪ Experiential education proceeds through the process
of synthesis whereby students are exposed to the
theory of an activity; they experience the activity;
they reflect on the relationship between the theory
and the experience and synthesize the two; they
form a new or modified theory; they test it by
experience, and so on.
“a willingness to enter conversation about
ideas, taking a position in openness that can
still be altered given additional information; a
commitment to keep relationships affirming,
even as disagreements over theory occur;
and a willingness to ask value questions
about information application” (Arnett).
Privileges learning by doing
Engagement with human beings and texts.
Bain – we learn best when:
 We are trying to solve problems we find
intriguing, beautiful, or important
We are able to do so in a challenging yet
supportive environment in which we can feel a
sense of control over our own education
We can work collaboratively
We believe that our work will be considered fairly
and honestly
We can try, fail, and receive feedback
Identify and diagnose a problem
Generate alternative solutions and strategies
Develop a plan of action
Implement a plan
Identify and formulate legal issues
Formulate relevant legal theories
Evaluate legal theory
Know the nature of legal rules and
Know of and have the ability to use legal
research tools
Determine the need for factual investigation
Plan a factual investigation strategy
Organize information
Assess the perspective of the recipient of
Use effective communication techniques
Develop in students fundamental knowledge
and skill, especially academic knowledge base
and research
 Provide students with the capacity to engage in
complex practice
 Enable students to learn to make judgments
under conditions of uncertainty
 Teach students how to make learn from
 Introduce students to professional community
 Form students able and willing to engage public
Established in February of 2002
Actual Innocence Live Client Clinic – New Civil
Rights movement
 Have reviewed nearly 400 cases
 8 student investigators, 3 attorneys, 1 private
 Professional development training
 Case review and investigation
 Changes to local, state and federal due process
and crime scene investigation
Professional Development Includes:
Causes of WC
Case Analysis and Briefing
ARS Post-Conviction Statutes – Filing PCR
Interviewing Skills (Role Play)
Forensic analysis (DNA, fingerprinting, etc.)
How to locate people
Crime Scene Investigation
Declarations and Affidavits
Clemency Petitions
Capital v. Non-capital strategy
Recent Death Penalty
Case – Donald Beaty
Donald Beaty. Convicted in
1985 of rape – homicide.
Presently serving time on
Arizona’s death row. Case
contains 3,000 pages of trial
transcripts. Five NAJP students
are working this case.