Presentation on theme: "Critical Pedagogy and the Live Client Clinic"— Presentation transcript:
1 Critical Pedagogy and the Live Client Clinic Dr. Robert SchehrDepartment of Criminology and Criminal JusticeCritical Pedagogy and the Live Client Clinic
2 Critical Pedagogy “Education” as an empty signifier “Education” as hegemonyApple, 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 PedagogyDifference between “learning” and “education” (Moliterno)Learning can happen anywhereEducation 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 doingEngagement 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 importantWe are able to do so in a challenging yet supportive environment in which we can feel a sense of control over our own educationWe can work collaborativelyWe believe that our work will be considered fairly and honestlyWe can try, fail, and receive feedback
8 Applying Learning Theory to the Teaching of Law Identify and diagnose a problemGenerate alternative solutions and strategiesDevelop a plan of actionImplement a planIdentify and formulate legal issuesFormulate relevant legal theoriesEvaluate legal theoryKnow 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 toolsDetermine the need for factual investigationPlan a factual investigation strategyOrganize informationAssess the perspective of the recipient of informationUse 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 researchProvide students with the capacity to engage in complex practiceEnable students to learn to make judgments under conditions of uncertaintyTeach students how to make learn from experienceIntroduce students to professional communityForm students able and willing to engage public service.
11 Northern Arizona Justice Project Established in February of 2002Actual Innocence Live Client Clinic – New Civil Rights movementHave reviewed nearly 400 cases8 student investigators, 3 attorneys, 1 private investigatorProfessional development trainingCase review and investigationChanges to local, state and federal due process and crime scene investigation
12 Northern Arizona Justice Project Professional Development Includes:Causes of WCCase Analysis and BriefingARS Post-Conviction Statutes – Filing PCRInterviewing Skills (Role Play)Forensic analysis (DNA, fingerprinting, etc.)How to locate peopleCrime Scene InvestigationDeclarations and AffidavitsClemency PetitionsCapital 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.