"Repression and Denial in Criminal Lawyering"

I've received permission from DePaul University College of Law Professor Susan Bandes to link to her most recent paper, "Repression and Denial in Criminal Lawyering":

Legal scholars as well as laypeople are fascinated by the question of how criminal lawyers can defend people accused of heinous crimes. This topic is commonly addressed as part of a well-established discourse about the morality and ethics of criminal defense. A separate conversation needs to occur. Its topic is how, in an emotional sense, one defends people accused of terrible crimes, and what toll such defense takes, both professionally and personally.

This article first explores the defense mechanisms employed by criminal defense lawyers, and how these mechanisms affect lawyers both as advocates and as people whose work is comfortably integrated into their lives. Second, it suggests that the mechanisms and strategies discussed are not unique to defense attorneys, but are common in legal practice generally. Finally, it argues that the legal profession needs to overcome its aversion to acknowledging and addressing the emotional aspects of lawyering, and suggests some possible paths toward this goal.

When Professor Bandes writes:

A number of those who have written about legal ethics and professionalism have emphasized the need for critical reflection, for talking over doubts and ambiguities with colleagues, and for acknowledgement of moral choices and moral claims that conflict with our professional roles. The first step is to create opportunities to come together. Collegial support is essential for several reasons. It enables consultation on legal issues, of course, but in addition it decreases isolation, contributes to job satisfaction, and permits the building of communities in which lawyers are able to explore ambiguity, admit uncertainty and gain emotional sustenance,

she could be describing our p.d. corner of the blawg-sphere, or at least what I get out of posting and getting comments here at A & C.

If you intend to do criminal defense for the long haul, you really owe it to yourself to set some time aside and read this article.

Bandes, Susan A., "Repression and Denial in Criminal Lawyering" Buffalo Criminal Law Review, Vol. 9, No. 2, February 2006 http://ssrn.com/abstract=789764

(I posted about an earlier version of this paper here.)