Privilege and Punishment

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The attorney-client relationship in criminal courts significantly favors the privileged, resulting in a denial of justice for the poor and working-class people of color. In recent decades, the number of Americans arrested and incarcerated has surged, revealing stark disparities in how different groups experience punishment. This work explores the deep-seated racial and class inequalities inherent in the attorney-client dynamic, painting a grim picture of injustice within the criminal justice system. Through extensive fieldwork in the Boston court system, the author interviewed a range of participants, including defendants, lawyers, judges, and police officers. The findings highlight how privilege manifests in court interactions, where disadvantaged defendants often face silencing and coercion when attempting to assert their legal rights. In contrast, privileged defendants tend to trust their attorneys and comply with court processes, which often leads to more favorable outcomes. The author illustrates that for poor and working-class defendants, efforts to advocate for themselves can result in punitive responses. Effective legal representation does not guarantee justice, underscoring the need for reforms to address the systemic injustices perpetuated by the current attorney-client relationship in criminal courts.