Since the 1970s, victimologists have identified victims as the ‘forgotten party’ in criminal law, emphasising its failure to recognise them as more than a witness to a crime. While victimology and our understanding of the effects of crime on victims have advanced considerably in recent years, victims largely remain the forgotten party in legal education. Law schools in Canada continue to approach victims as witnesses and fail to offer tomorrow’s legal professionals comprehensive training in victimology. Based on the premise that change starts with education, we created an interdisciplinary legal clinic for victims of crime in which law students work together with criminology students, providing legal information to victims. This article presents findings from an evaluation of the programme, which is based on a qualitative study of law students who participated in our legal clinic for victims. After a brief presentation of the programme and the training provided to students, we explore the experiences of the law students and examine how they feel their experience impacted the way they view law and prepared them to work with victims of crime. |
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Erasmus Law Review
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Keywords | legal education, victims of crime, trauma-informed law |
Authors | Jo-Anne Wemmers, Amissi Manirabona, Marika Lachance Quirion e.a. |
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Keywords | student support, inclusivity, student experience academic support, pastoral care |
Authors | Laura Hughes-Gerber, Noel McGuirk and Rafael Savva |
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A positive and inclusive student experience is increasingly viewed as closely related to student support, with academic support and pastoral care becoming the main drivers in the development of services, schemes and teaching curricula. This article addresses the operationalisation of student support for law students and the evolving role of law lecturers in providing both academic support and pastoral care to cultivate more inclusive student support. Traditionally, academic support and pastoral care have been offered to law students on an entirely separate basis. Pastoral care tends to be provided by professional colleagues outside of law departments, while academic support has been the sole remit of law lecturers. Despite the merit in this theoretical distinction, this article identifies that in practice, law students’ support needs are best met within their department when approached in a less binary and more holistic and individualistic manner. The article recommends a systematic approach to the design and delivery of student support services to provide academic support and pastoral care more holistically and inclusively. This is premised on the recognition that law student support needs often arise in an interconnected and interdependent way where the line between pastoral and academic issues is blurred. The present study creates a taxonomy on student support systems to help identify how academic support and pastoral care may be offered more holistically and, thus, inclusively. Furthermore, this study uses this taxonomy to identify the crucial role of law lecturers in providing students with support. |
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Keywords | prison teaching, inclusivity, legal education, law studies, imprisoned students |
Authors | Julian Knop and Jana Sophie Lanio |
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The project “University in Prison” unites law students living in freedom and imprisoned students by having both groups of students attend a weekly university seminar on criminological and legal topics. This takes place within the walls of Berlin’s largest prison and therefore comes with various challenges. Much more decisive, however, are the positive effects that the project has on all those involved. In this article, we talk about the implementation of the project, the impact of “University in prison” on students living in freedom, imprisoned students and law schools in general and the first evaluation results. “University in Prison” attempts to foster inclusivity in law school and challenges the status quo at law schools in Germany. |
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Keywords | judicial education, Brazilian judiciary, legitimacy of courts, teaching methods, diversity |
Authors | Rafaela Selem Moreira and José Garcez Ghirardi |
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This article presents and discusses a pioneering experiment of judicial education in Brazil. The groundbreaking course herein described was based on experiential learning and involved creating opportunities for the new judges to have direct interaction with the socially challenged communities likely to be affected by their work on the bench. The pedagogical goal was to enhance judges’ awareness of the manifold problematic effects that come from the highly homogeneous, elite social background of the judicial corpus in Brazil. The findings suggest a tension between the judicial education proposal discussed in this article and the deeply rooted perspectives on the ethos of judges and the meaning of their education. This tension underscores the urgency of intensifying efforts to enhance the capacity of Brazilian judicial education to help judges broaden their sensitivity to social diversity and thus become better equipped to deliver socially and legally high-quality decisions. The theoretical framework for the present study on the topic of judicial education is based on Alves, ‘Judicial Schools’. Journal of the National School of Magistracy, Boigeol ‘The Training of Magistrates: From Practical Learning to Professional Schooling’, Ethics and Political Philosophy Magazine, Fontainha and Barros, ‘The Brazilian public tender and the selection process ideology’. Legal Review of the Presidency, Cowdrey, ‘Teaching New Judges What It Means to “Be” a Judge’, International Organization for Judicial Training, and the works of Freire, Pedagogy of the Oppressed, Holston, Insurgent Citizenship: Disjunctions of Democracy and Modernity in Brazil, and Koppensteiner, Transrational Methods of Peace Research: The Researcher as (Re)source are used as the basis for the topics of education and experiential learning. The case study adopts an ethnographic approach based on Clifford, ‘Power in Dialogue in Ethnography’, since one of the co-authors of this article took part in the experiment. |
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Keywords | experiential learning, clinical legal education, community and social service, reflective practicum, Argentina |
Authors | Julieta Mira, Julieta Nieva and Camila Fernández Meijide |
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The aim of this article is to describe and analyse a centennial experience, the Free Legal Aid and Professional Training programme at the Law School of the University of Buenos Aires (UBA), a one-year mandatory course that is part of the Law degree and commonly known as ‘The Practical’. Throughout this year, final-year law students engage in serving the community, assisting individuals that lack the financial means to afford legal representation. This hands-on experience exposes students to pressing social issues such as domestic violence, discrimination, child rights violations and barriers to accessing healthcare. Through a qualitative methodology and drawing on research on Legal Clinics and the history of the programme, we ask ourselves whether ‘The Practical’ fits into the concept of clinical education. This theoretical framework, along with concepts on professional learning, such as Donald Schön’s concept of reflective practicum and the anthropological ethics of Joan-Carles Mèlich, enables us to analyse similarities and differences between ‘The Practical’ and Legal Clinics and to characterise this training experience further. We conclude that ‘The Practical’ is both a rite of passage and a reflective practicum experience where hegemonic views on professional legal practice and law are deconstructed and the social reality is imposed to point out the social function of the lawyer’s professional practice. |