Privilege and Punishment

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The attorney-client relationship in criminal courts disproportionately favors the privileged while denying justice to the poor and working-class people of color. The rise in arrests and incarcerations in recent decades reveals stark disparities in how defendants experience punishment based on race and class. This work explores the deep-seated inequalities embedded in the attorney-client dynamic, offering a compelling critique of the justice system. Through extensive fieldwork in the Boston court system, the author attended hearings and interviewed various stakeholders, including defendants, lawyers, judges, and police officers. The findings highlight how privilege shapes interactions in court, where disadvantaged defendants often face silencing, coercion, and punishment when attempting to assert their legal rights. In contrast, privileged defendants tend to trust their attorneys, delegate authority, and comply with judges, leading to more favorable outcomes. The author illustrates that merely having effective legal representation does not guarantee justice for marginalized individuals. This insightful examination calls attention to the systemic injustices perpetuated by the attorney-client relationship and advocates for necessary reforms to address these disparities.