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Public Benefits and Child Support Arrears

By McGregor Smyth. Individuals who are released from prison or jail and who need financial assistance until they are able to get on their feet are likely to apply for aid both from Safety Net Assistance (“SNA”), the New York State public assistance program for adults who do not share a household with children, and…

Holistic is Not a Bad Word: A Criminal Defense Attorney’s Guide to Using Invisible Punishments as an Advocacy Strategy

By McGregor Smyth. The legal disabilities and social exclusion resulting from any adverse encounter with the criminal justice system erect nearly insurmountable barriers for criminal defendants, people with criminal records, those returning to their communities after incarceration, and their families. Recent scholarship has highlighted the draconian effects of these invisible punishments and has argued that…

Unprotected: HIV prison policy and the deadly politics of denial

By Robin Steinberg. HIV/AIDS is reaching epidemic proportions in U.S. prisons and in prison populations worldwide. The United States trails Canada, Australia, and much of Europe in responding to the crisis. What is more disturbing is that the United States does not respond to the prevalence of HIV/AIDS in prisons because policy makers refuse to…

Bridging the Gap: A Practical Guide to Civil-Defender Collaboration

By McGregor Smyth. Vicky G. received a Section 8 Existing Housing Voucher for ten years. The prosecutor and local public housing authority now allege that over a six-year period she failed to report that her boyfriend was living in the apartment and that she underreported her income. She is charged with grand larceny and filing…

Cultural Revolution: Papers from the Executive Session on Public Defense

By Robin Steinberg and David Feige. Public defenders everywhere are beginning to reassess the most fundamental questions of what it means to provide effective representation for clients. Frustrated by the limitations traditionally imposed by government funders who seek to satisfy minimal constitutional requirements, public defenders are asking themselves if there is more they can do…