Preparing To Work in and Change Courtrooms and Carceral Settings: The Latest in Forensic and Criminal-Legal Social Work Practice

by Jacoba Rock, PhD, LCSW, MSW

     I have spent my social work career practicing with individuals involved in the criminal-legal system and/or incarcerated, often those serving lengthy sentences for crimes committed as teenagers and young adults. I have learned that engaging, assessing, and advocating for (and with) system-involved individuals, and their families, requires specialized skills and knowledge, but also demands the most foundational humanitarian values and efforts: empathy and compassion, the determined pursuit of justice and equity, and the belief that both goodness and adaptability exist in everyone.

     I have, at times, felt challenged to meet these high standards in my work. However, I am forever grateful for the opportunities I have been afforded to engage in ongoing learning, to improve what I can offer individuals and communities, and to promote professional and systemic changes that are necessitated by the ongoing unethical, ineffective practices of the U.S. criminal-legal and correctional systems.

What Is Forensic Social Work?

     Many years of research and practice support the idea that social workers can be effective in preventing individuals’ pathways into courtrooms and carceral settings, treating them once they’re there, and helping them to reintegrate successfully back into communities (e.g., Wikoff et al., 2012). Although much ethical controversy exists about the role that social work should play (if any) in the entryways into legal systems, such as through reporting and co-responding with police (Jacobs et al., 2021), relatively less debate exists about how efficacious social workers can be in improving the lives of those involved, or at risk of involvement, in criminal and juvenile legal systems and correctional facilities.

     Forensic social work, also known as criminal-legal social work (or juvenile-legal social work for those focusing on work with system-involved youth), is a growing area of practice (Brownell & Roberts, 2008). The terms “forensic” and “criminal-legal” social work refer to the practice of social work with individuals, families, and communities involved in any stage or setting of the criminal-legal system, or at risk for criminal-legal involvement. Social work skills, knowledge, and ethics are particularly well-suited for a variety of direct practice roles within these settings and populations, including as advocates, counselors, assessment specialists, case managers, and re-entry workers. Forensic social workers work with both people responsible for crime and people impacted by crime, including families and communities. Additionally, social workers are increasingly involved in system change efforts in this arena, through the development and evaluation of programs intended to help system-involved people, as well as advocacy for policy that addresses key issues, such as the use of solitary confinement, harsh sentencing in response to non-violent drug offenses, and the treatment of vulnerable populations within carceral settings, such as those identifying as LGBTQIA+. Despite these important ways in which social workers can be useful in addressing the criminal-legal system at micro, mezzo, and macro levels, social workers are not often prepared in educational settings to pursue forensic social work careers as they should be (Sheehan, 2016).

History and Context

     Forensic/criminal-legal social work has existed, at least informally, since early on in the social work profession (Maschi & Killian, 2011). For example, early social workers were involved in juvenile legal reform efforts and the creation of the first juvenile courts (Roberts & Brownell, 1999), recognizing developmental needs and deservingness of young people to be able to access rehabilitative, instead of punitive, conditions. In the mid-1900s, social workers led an increase in preventive opportunities, such as education and treatment services (van Wormer et al., 2008). These early efforts were challenged by limited views and practices, such as the use of labeling and deficits-focused responses to those from marginalized backgrounds. Social workers may have also disengaged from criminal and juvenile system efforts in the 1980s and 1990s, paralleling declining governmental funds for programming, as well as “get tough,” “lock ‘em up,” and other harsh punishment-driven responses at that time (Andrews & Bonta, 2010), which conflict with social work values. A resurgence and renewed interest from social work has been observed in recent years, with increasing numbers of social workers employed in public defense offices (Steinberg, 2013) and prison treatment programs (Matejkowski et al., 2014).

     It is not possible to have a real conversation about social work practice in criminal and juvenile legal systems without recognizing the extreme racial-ethnic and socioeconomic disparities that have existed in those systems throughout U.S. history. Research consistently supports that Black- and Brown-bodied individuals and communities are over-represented among those who are arrested (and through the use of force) by police (Fryer, 2019; Schleiden et al., 2020), those who receive harsh and lengthy sentences (Petersilia, 1985), and those who recidivate back into carceral settings (Jung et al., 2010), as a result of re-entry related issues such as employment and treatment access issues. The many structural and discriminatory processes that contribute to these disproportionalities continue to exist despite calls for change in recent years – from both marginalized communities and human rights groups – fueled by media coverage of the George Floyd and Breonna Taylor murders (#sayhername), many other atrocities, and the effectiveness of the Black Lives Matter movement. Thus, it is essential that any contemporary forensic social worker, adequately prepared to engage effectively and ethically with system-involved populations in the 21st century, be continually engaged in deeply personal and professional anti-racist and equity-driven efforts to bring about positive change.

     Issues of mass incarceration, life sentences for young people, the use of isolation and institutional abuse, the use of the death penalty, and what is increasingly recognized as legalized slavery (Alexander, 2010) are not new. Arguably, the social work profession has not done its part to disrupt these human rights violations in criminal-legal systems. Of note, U.S. taxpayers should also be concerned about the financial inefficiencies of criminal-legal systems, including unsustainable costs of legal representation and detainment (Ogletree, 1995; Sawyer & Wagner, 2023), and high recidivism rates (Cullen et al., 2011), which result in expensive "revolving door" dynamics for those who cannot afford to desist from system involvement. Despite overall declines in crime, and some very recent declines in racial-ethnic disparities (Sabol & Johnson, 2022), these issues persist. 

Knowledge, Skills, and Values

     Profession-specific knowledge bases, skill sets, and ethics brought to forensic and criminal-legal social work practice include:

• knowledge and skills related to mental health, especially trauma;
• knowledge related to specialized clinical issues, such as substance use, intimate partner violence, and gang involvement;
• knowledge related to cultural competency, sensitivity, and humility;
• advocacy and case management skills, including in interdisciplinary environments;
• alignment with developmentally-informed, ecologically-sensitive, and healing-oriented approaches, such as restorative justice;
• compassion for everyone, and belief in the good of everyone, regardless of poor choices (Bryan Stevenson, in his 2014 memoir “Just Mercy,” said that “each of us is more than the worst thing we’ve ever done”); and
• social work values for service, social justice, dignity and worth, human relationships, integrity, and competence (National Association of Social Workers [NASW], 2021).

     Competence-related needs for specialized social work education and training, for those preparing to work with criminal-legal system-involved populations, include:

• comprehension of criminal justice system structures and practices, and skills useful to navigating those structures and practices;
• theoretical knowledge of traditional and contemporary criminological ideologies;
• training on effective assessment, rehabilitative, and restorative approaches;
• knowledge of intersectional and systemic disproportionality and disparities;
• knowledge of pipelines and intergenerational transmission of oppression (i.e., through the foster care and school-to-prison pipelines); and
• ethical considerations about navigating this area of practice (Butters & Vaughan-Eden, 2011); and
• critical considerations about de-implementation and abolition, versus reform approaches.

     Resources that help social workers to translate their skills, knowledge, and values to work in criminal-legal settings are increasingly available and necessary. (For an applaudable example meant for social workers involved in criminal defense mitigation work, see “Criminal Defense Based Social Work” by Ratliff and Willins, 2018.) Some continuing education credits and certificate programs are offered, such as through the National Organization for Forensic Social Work (NOFSW). Schools of social work may be under-preparing future social workers by not training them about the criminal and juvenile systems, about the interdisciplinary needs of people involved in those systems, and about how to create necessary change in those systems. To increase the effectiveness and integrity of social work in these settings, social work educators (including those offering continuing education) must include lecture and reading course content, role play scenarios and examples, required assignments, and field opportunities specific to criminal and juvenile legal social work practice.

Mezzo and Macro Level Practice

     Professional social workers must also increase participation in mezzo and macro-level opportunities, including through coalitions, research and evaluation, and political and programmatic efforts in the criminal legal arena. Social workers are uniquely equipped to inform decision-makers and engage in social reform on relevant issues, using science and ethics. Some examples of regional and national groups that social workers could get involved with include:

• community-based review, accountability, and action boards;
• state-based prison society and community-focused associations (examples include the Pennsylvania Prison Society and the Texas Inmate Families Association);
• Promote Smart DeCarceration (a Social Work Grand Challenge);
• The Campaign for Fair Sentencing of Youth;
• The Inside Out Prison Exchange Program;
• The Vera Institute of Justice;
• The Innocence Project; and
• Black and Pink.

     One of the most powerful tools that social workers have is the ability to initiate and facilitate dialogue at the community level, as well as to lead through modeling social action. Simply recognizing the harmful realities of the current U.S. criminal-legal and juvenile legal systems can be enough to spark crucial conversations and subsequent community change. Many are surprised to find out, for example, that the juvenile death penalty was only eliminated in 2005 (see Roper v Simmons), and mandatory life without parole for juveniles was only eliminated in 2012 (see Miller v Alabama), although hundreds of individuals throughout the United States continue to serve life sentences for choices made as juveniles.

     Media coverage, such as crime documentaries and podcasts, increasingly draws attention to cases of system corruption and innocence. However, the public sometimes perceives these examples as isolated or unique, instead of representative of pervasive issues. Informed and timely conversations, and prepared, intentional action by social workers, are essential to the path forward.

References

Alexander, M. (2010). The new Jim Crow: Mass incarceration in the age of colorblindness. The New Press.

Andrews, D. A., & Bonta, J. (2010). Rehabilitating criminal justice policy and practice. Psychology, Public Policy, and Law, 16(1), 39-55.

Brownell, P., & Roberts, A. R. (2008). A century of social work in criminal justice and correctional settings. Journal of Offender Rehabilitation, 35(2), 1-17.

Butters, R. P., & Vaughan-Eden. (2011). The ethics of practicing forensic social work. Journal of Forensic Social Work, 1(1), 61-72.

Cullen, F. T., Jonson, C. L., & Nagin, D. S. (2011). Prisons do not reduce recidivism: The high cost of ignoring science. The Prison Journal, 91(3).

Fryer, R. G. (2019). An empirical analysis of racial differences in police use of force. Journal of Political Economy, 127(3).

Jacobs., L. A., Kim, M. E., Whitfield, D. L., Gartner, R. E., Panichelli, M., Kattari, S. K., Downey, M. M., McQueen, S. S., & Mountz, S. E. (2021). Defund the police: Moving towards an anti-carceral social work. Journal of Progressive Human Services, 32(1), 37-62.

Jung, H., Spjeldnes, S., & Yamatani, H. (2010). Recidivism and survival time: Racial disparity among jail ex-inmates. Social Work Research, 34(3), 181-189.

Maschi, T., & Killian, M. L. (2011). The evolution of forensic social work in the United States: Implications for 21^st century practice. Journal of Forensic Social Work, 1(1), 8-36.

Matejkowski, J., Johnson, T., & Severson, M. E. (2014). Prison social work. Encyclopedia of Social Work.

National Association of Social Workers. (2021). NASW Code of Ethics. https://www.socialworkers.org/About/Ethics/Code-of-Ethics/Code-of-Ethics-English

Ogletree, C. J. (1995). An essay on the new public defender for the 21^st century. Law and Contemporary Problems, 58(1), 81-93.

Petersilia, J. (1985). Racial disparities in the criminal justice system: A summary. Crime & Delinquency, 31(1)

Ratliff, A., & Willins, M. L. (Eds.), Criminal Defense-Based Forensic Social Work. Taylor & Francis.

Roberts, A. R., & Brownell, P. (1999). A century of forensic social work: Bridging the past to the present. Social Work, 44(4), 359-369.

Sabol, W. J., & Johnson, T. L. (2022). Justice system disparities: Black-white national imprisonment trends, 2000 to 2020. Council on Criminal Justice Research Series.

Sawyer, W., & Wagner, P. (2023). Mass incarceration: The whole pie 2023. Prison Policy Initiative.

Schleiden, C., Soloski, K. L., Milstead, K., & Rhynehart, A. (2020). Racial disparities in arrests: A race specific model explaining arrest rates across black and white young adults. Child and Adolescent Social Work Journal, 37, 1-14.

Sheehan, R. (2016). Forensic social work: Implementing specialist social work education. Journal of Social Work, 16(6).

Steinberg, R. (2013). Heeding Gideon’s call in the twenty-first century: Holistic defense and the new public defense paradigm. Washington and Lee Law Review. 70, 961.

Stevenson, B. (2015). Just Mercy: A Story of Justice and Redemption. New York: Spiegel & Grau.

van Wormer, K. S., Roberts., A., Springer, D. W., & Brownell, P. (2008). Forensic social work: Current and emerging developments. (2^nd Ed). In Maschi, T., & Leibowitz, G. S., Forensic social work: Current and emerging developments. (pp. 315). Springer Publishing.

Wikoff, N., Linhorst, D. M., & Morani, N. (2012). Recidivism among participants of a reentry program for prisoners released without supervision. Social Work Research, 36(4), 289-299.

Dr. Jacoba Rock (she/they) is a clinical faculty member at the Boise State School of Social Work. She holds a PhD in Human Development and Family Studies, with a doctoral minor in criminology, from the Pennsylvania State University, as well as an MSW and a graduate certificate in Alternative Dispute Resolution from the University of Denver. Dr. Rock has been a licensed social worker, primarily engaging in assessment and advocacy with system-involved young people, since 2011.

Published 10/19/23. Updated 10/22/23.