Critical Pedagogy and the Live Client Clinic

1. Dr. Robert Schehr Department of Criminology and Criminal Justice Critical Pedagogy and the Live Client Clinic

2. Critical Pedagogy • “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)

3. Critical Pedagogy • 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.”

4. Critical Pedagogy • Difference between “learning” and “education” (Moliterno) • Learning can happen anywhere • Education consists of designed, managed, and guided experience

5. Experiential Education • 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.

6. Dialogicality • “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.

7. Student Development Theory • 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

8. Applying Learning Theory to the Teaching of Law • 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

9. Applying Learning Theory to the Teaching of Law (MacCrate) • 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

10. Applying Learning Theory to the Teaching of Law (Carnegie) • 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.

11. Northern Arizona Justice Project • 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

12. Northern Arizona Justice Project • 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

13. 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.