Critical Pedagogy and the Live Client Clinic

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Dr. Robert Schehr
Department of Criminology and Criminal Justice
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“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)
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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
addicts.”
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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.
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“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.
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Bain – we learn best when:
 We are trying to solve problems we find
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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
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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
institutions
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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
information
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
experience
 Introduce students to professional community
 Form students able and willing to engage public
service.
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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
investigator
 Professional development training
 Case review and investigation
 Changes to local, state and federal due process
and crime scene investigation
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Professional Development Includes:
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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.
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