The legal representation of people experiencing homelessness by criminal defense lawyers
Presented at the 1st conference of the International Journal on homelessness in 2023. DePaul University of Chicago

Type

Conference

Date

2023

Authors

Spallanzani-Sarrasin, N.

This qualitative research explores the practice of criminal defense lawyers (n=80) when representing people experiencing homelessness, whether through traditional judicial process or diversion/therapeutic justice programs. I will discuss about how they adapt their practices and negotiate with other actors (crown, judges, stakeholders, etc.) to ensure support and promote access to various diversion programs. To do so, I document the way in which lawyers, whether permanent legal aid staff or in private practice, collect and use information related to the socio-economic situation of their client, identify a situation of homelessness (visible or hidden) and adapt their lawyer-client approach. I am also interested in negotiation strategies employed, particularly at bail and sentencing stage, and I seek to understand how lawyers negotiate access and collaborate with support and therapeutic justice programs. Furthermore, I explore the contexts and impacts of their interactions with non-legal stakeholders, such as social workers or justice or community stakeholders. Lastly, I analyze how the COVID-19 pandemic has shaped legal representation of people experiencing homelessness.