Source: (2013) American Criminal Law Review.50:247-276.
This Article identifies the workings of interpersonal power in the criminal
system and considers the effect of these cases on criminal theory and practice. By
uncovering this phenomenon, this Article hopes to spark a legal academic dialogue and inquiry that has, until now, been unspoken.
This Article has roots in my former work as a Philadelphia public defender and
in my current work as a clinical professor with students who appear in criminal and
juvenile court. As an advocate for the poor in a busy courthouse, one of a lawyer’s
tasks is to discover the multiple “real” stories behind the charges and test
alternative hypotheses for what may have occurred in a given situation. I am
constantly struck by the courts’ and criminal law’s inability to account for the role
of interpersonal power. (excerpt)
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