NCJ Number
73677
Journal
CHITTY'S LAW JOURNAL Volume: 26 Issue: 6 Dated: (1978) Pages: 196-199
Date Published
1978
Length
4 pages
Annotation
The article describes the training and use of nonlawyers as legal advocates and counselors in a pretrial diversion program in the Philadelphia courts.
Abstract
Clients in this pioneer diversion program had been arrested for a variety of minor crimes. Most were between 18 and 20 years old, undereducated, and underemployed. About 60 percent were black or Puerto Rican. Persons with experience in corrections and nonprofessionals were hired as counselors and were well-mixed with respect to sex, age, race, and cultural background. Although the staff continually faced problems of conflicting loyalities, all shared a common goal of preventing future criminality. Training methods focused on assessing clients' desires to improve and developing counselors' abilities to establish a beneficial relationship with the client. On-the-job training encompassed weekly staff meetings, regular case conferences, and workshops on specific topics such as interviewing and drug abuse. When new counselors were hired, they were assigned as apprentices to veteran counselors to learn program procedures and necessary information about the judicial system. Staff members experienced some problems because of uncertainty about the project's funding and lack of acceptance by probation officers. The counselor initially explained the terms of the diversion agreement to the client and then acted as the client's advocate during the probationary term. After 2 months of monitoring by an experienced counselor, a new counselor could be carrying a caseload of 50 to 100 clients. Counselors had to translate legal language into simple English and establish a helping relationship with the client by being honest about their roles, accepting the client without prejudice, and displaying empathy. Counselors were also trained to use the judicial system effectively on a client's behalf and to develop good working contacts with all judicial personnel. Writing reports, recordkeeping, and obtaining information from the law enforcement system were emphasized. The program tried to teach self-awareness, responsibility, and good judgment through informal and formal discussions of casework. Because of the novelty of the diversion project, legal advocacy issues often arose for which there was no established policy, thus placing additional burdens on the counselors. The paper includes 4 footnotes.