City Research Online
City, University of London Institutional Repository
Citation: Germain, S. ORCID: 0000-0003-2697-6039 (2014). Prison-based Education and
Its New Pedagogical Perspective. Journal of Criminal Justice Education, 25(2), pp. 196-209.
doi: 10.1080/10511253.2014.882962
This is the accepted version of the paper.
This version of the publication may differ from the final published
version.
Permanent repository link:
http://openaccess.city.ac.uk/21372/
Link to published version: http://dx.doi.org/10.1080/10511253.2014.882962
Copyright and reuse: City Research Online aims to make research
outputs of City, University of London available to a wider audience.
Copyright and Moral Rights remain with the author(s) and/or copyright
holders. URLs from City Research Online may be freely distributed and
linked to.
City Research Online:
http://openaccess.city.ac.uk/
[email protected]
PRISON-BASED EDUCATION AND ITS NEW PEDAGOGICAL
PERSPECTIVE
Sabrina Germain
Abstract
This article presents how unconventional teaching environments, such as the
prison system, can participate in the elaboration of new pedagogical methods and,
in the process, reveal the diverse responses of marginalized groups to the study of
the law. Over the course of this article I provide valuable insight about
underexplored teaching techniques to academics seeking to open up their approach
beyond traditional methods.
Through this partially reflective piece I relay my experience as a law instructor in a
maximum security prison, and demonstrate how those who have bore the brunt of
the law can still think critically about legal topics. I also support the idea that by
taking in the perspectives of peripheral groups, legal educators will be led to use
innovative methods to deliver legal knowledge.
Essentially this article explores the intersection between legal pedagogy and the
prison system to uncover a site previously neglected by conventional work on
criminology and education. Pointing out how experiencing the law differently can
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
shape individual interpretations of legal knowledge, I hope to situate learning
within a larger criminological process.
1
Introduction
Prison is thought to house the abandoned, angry, and the marginalized, but it can
also spark the talent and creativity of inmates enrolled in education programs.
Unfortunately, the impact and benefits of prison education has always been
questioned due to the controversial nature of the initiative (Corcoran, 1985, p.4952). Thus, in the mid-1990s the educational potential of the imprisoned was stifled
by the American government in an effort to appear “tough on crime”. Taxpayerfunded college programs were then terminated with a vote of Congress and
subsequent state legislation (Wetherbee, p.2).
In 1999, despite the lack of funding and the stigma associated with correctional
facilities, Cornell University took the plunge and started offering, free of fee and
tuition for credit college-level courses in upstate New York prison facilities (Cornell
Prison Education Program, Our Mission). Cornell, alone among Ivy League
Universities, understood the great learning potential these unconventional
environments could offer (Wetherbee, p.4-7).
2
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
To this day the Cornell Prison Education Program (CPEP) continues to bring
together faculty and graduate students to teach courses in liberal arts to groups of
inmate-students at a maximum security correctional facility (Auburn) (Cornell
Prison Education Program.). Over the years the goals of the program remain the
same: contribute to the successful re-entry into society of incarcerated persons by
supporting their academic ambitions (Cornell Prison Education Program) and
provide scholars with an invaluable teaching experience.
In the spring of 2011, entering my second semester as a doctoral candidate I had
the desire to invest myself in a meaningful project and confront a different
academic reality. It was then that I decided to take part in the CPEP as a law
instructor. This experience inevitably triggered a personal reflection on legal
education outside the classroom, and revealed that people who had endured the
brunt of the law are capable of making an important contribution to legal
education.
Indeed, teaching at Auburn I realized that legal studies within the prison setting
create a “quasi-Platonic” diaectic where the traditional law school paradigm collides
with the inmate-student’s untraditional interpretation of the law to constitute a
whole new perspective. This perspective, I suggest, can provide a unique learning
and teaching experience for both parties. The unusual “synthesis” made me realize
that the often criticized Socratic method applied in American law schools could
3
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
have a greater educational impact if it were to be supplemented with other, more
unconventional, teaching techniques. Thus this article aims to reveal, through a
narrative of my own personal teaching experience at Auburn, what these
techniques may involve.
The abundant scholarship supporting prison-based education programs as a way of
reducing rates of recidivism (Dewey, 2004; Harer, 1995; Vacca, 2004; Western et
al., 2001) significantly influenced my teaching. Developing my lesson-plan and
planning my course objective I tried to fit, as closely as possible, the aims of this
body of literature. While this article does not have the goal of establishing a direct
correlation between education and successful reinsertion, the conclusions I draw
nonetheless support the findings of other empiricists on the topic.
Finally this semester of teaching also led me to reflect on the very entrenched and
deep-rooted effect law has on all social-strata. I wondered whether the claim often
made that those who have committed violations against the law are incapable of
contributing to its teaching was well founded. I quickly understood that while my
students’ reflections and behaviors were somewhat unexpected, they were also
pleasantly surprising, and showed that inmates-students are able to provide a novel
and valuable perspective on legal studies. I had myself walked into this role wanting
to take something out of the experience, and had left with the conviction that
unconventional teaching environments can provide a new perspective to legal
4
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
educators. A perspective worth building on to develop innovative teaching
strategies for the traditional classroom.
2
The Need for a New Perspective in Legal Education
Present debates on legal education primarily focus on the training new generations
of lawyers should receive when facing harsh economic times (Muir-Watt, 2012;
Ribstein, 2010; Thies, 2009, p.598). Unfortunately, more elevated discussions on
the capacity of legal educators to offer this preparation is left in the background.
The legal industry and thus indirectly law schools, have been greatly affected by the
recent economic downturn. Curricula have been adapted and it is expected that the
composition of the student body will become less homogeneous (Thies, 2009-2010,
p.611). Unfortunately legal education is not properly equipped to face more
diversity as current teaching methods tend to silence and ignore alternative
perspectives (Dueker, 1991-1992, p.102). It is now time for law schools to reach
out to unconventional environments in order to adopt new methods.
A. Revisiting the Widely Criticized Socratic Method
Christopher Columbus Langdell imagined the teaching of the law as a thinking
process. Inspired by the Socratic dialectic he believed multiple inferences drawn
from concrete cases could teach curious Harvard law students the essence of the
5
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
law. Through a series of queries he would challenge young legal minds and help
them to properly ‘think’ like lawyers (Stropus, 1996, p.449-450). The professor
would entice the student to distill a rule from legal cases and apply the same
reasoning to various subsequent factual scenarios (Neumann, 1989).
Despite being the object of abundant controversy as early as from its inception, the
method has been the most predominant teaching method in law schools across the
country (Stropus, 1996, p.456). Its outstanding endurance is due to a multitude of
factors, but most likely it is its aptitude to raise some critical thinking skills in
certain students that made its popularity (Bateman, 1997, p.405). Many academics
have argued that while it certainly needs to be improved and supplemented by
other teaching techniques, it should nonetheless remain a component of the law
school teaching process (Bateman, 1997; Kearney & Beazley, 1991; Powell, 19941995).
Indeed, many are the issues raised with regard to the Socratic method. Among the
most cited criticisms is its failure to prepare students to the practice of the law. The
important disconnect between the method’s highly theoretical inductive analysis
and the practical reality of law firms and courtrooms has young lawyers struggle to
adapt when entering the job market (Stropus, 1996, p.456).
6
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
Also, the negative psychological impact of the approach on students constitutes a
major drawback (Stropus, 1996, p.456). Even though not all professors intend to
intimidate their students the result of this “metagame” is often humiliating.
Underprepared or nervous student are ostracized and become the Professor’s
intellectual scapegoat (Dallimore, 1976-1977, p.182). Of course the method is not
the only source of distress in law school, among other stress triggers described by
students are the institutional environment, competitiveness, family and financial
pressure. However, the method certainly constitutes one of the greatest
contributing factors (Lustbader, 1998, p.403). The growing anxiety generated by the
traumatic line of questioning makes students feel alienated and ends up isolating
them from the learning process (Bateman, 1997, p.398).
The rigidity of the Socratic method also does not allow students to creatively
resolve problems. A significant amount of information needs to first be assimilated
in order to produce a good ‘legal’ answer (Bateman, 1997, p.409). The frenetic
dialogue in which the student engages with the professor does not give enough for
time to the student to ‘play’ with the ideas and concepts; a necessary step to create
a thought process (Bateman, 1997, p.399). In fact, the method only addresses the
generic law student and does not account for the creative thinking resulting from
diverse backgrounds or personal experiences (Lustbader, 1998, p.403).
7
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
The method has adverse effect on diverse groups of students. Diversity
encompasses differences in racial and religious backgrounds as well as sexual
orientation, but also in learning styles (Bateman, 1997, p.399). Students with ‘nontraditional law school background’ need to think about answers using their own
referencing system having morals and normative frameworks that most oftentimes
vary from the Anglo-European masculine ideology dominant in the classroom
(Dueker, 1991-1992).
In the light of these criticisms, one may wonder not only whether current
American law schools fulfill their role when it comes to the education of young
lawyers, but also with regard to the training of its academics. Having been educated
in the Socratic tradition law professors are rarely inclined to change their ways and
seek alternative methods. Currently only a minority of educators are using other
teaching approaches (Bateman, 1997, p.398). Therefore it is time to put forward
diverse voices in the classroom and understand that diversity extends to individual
experiences of the law (Rhee, 2010, p.312).
B. Prison-Education Not A Means to An End But An Active Contributor to A New
Approach
This article does not suggest that prison-based education programs objectify
inmate-students nor resign them to training tools. Prisoners are eager and capable
of deriving significant benefits from prison education. Indeed, although three out
8
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
of four prisoners have no post-secondary schooling when entering prison facilities
(Harlow, 2003); the great majority of inmate-students that starts by completing
their GED exams go as far as acquiring an undergraduate degree while serving their
sentence (Cornell Prison Education Program).
Unfortunately the harsh reality awaiting former inmates outside the prison walls is
most likely to be one of unemployment. Their ability to retain work is significantly
reduced by their criminal record, low literacy skills and anti-social behavior
(Bushway, 1998; Western, Kling, & Weiman, 2001). Periods of incarceration
accentuate the inmate’s inability to cope with the outside world or to establish a
sense of belonging because of the conflicting values and social norms ingrained in
prison life (Bloom, 2006; Walters, 2003).
Inmate-students certainly understand that getting any type of certification in prison
is a necessary and crucial first step towards a successful re-insertion (Karpowitz et
al., 1995, p.6). Indeed inmate-students have shown greater potential for successful
reinsertion after having been enrolled in a carceral program for at least six months.
The Federal Bureau even goes further and draws the conclusion that recidivism
rates are inversely proportional to the participation of inmates to a prison
education program (Karpowitz et al., 1995, p.6).
9
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
Also, in prison, intellectual qualities elevate inmate-students to a distinct class. Even
though prisoners live in a place where much is beyond their control, education
gives them power over their lives, and the ability to imagine what their future can
entail. It represents the change in lifestyle they wish to operate in and outside the
walls. The classroom environment also promotes “pro-social” behavior, and helps
inmates to part with their anti-social dispositions (Dewey, 2004; Vacca, 2004,
p.298). In a majority of cases, education can help the inmate combat the stigma
associated with incarceration (Western et al., 2001, p.335-359).
For academics, much can also be learned from those who have experienced the law
differently - not as “law-abiding” citizens, but as law-contravening ones. The legal
perspectives of those who have been most violently affected by the law should also
be heard in the conventional law school environment. By experiencing the criminal
justice system, young scholars will get a fresh and unique outlook that they will later
bring to the conventional classroom.
Varied teaching approaches are more likely to reach a greater number of students
(Bateman, 1997, p.399). Legal educators trained through unconventional
environments will be better able to prepare future lawyers to complex work
environments and raise their awareness to a set of skills they need to develop as
future counsels, among others: team work, global perspective, analytical skills and
team and client relationship management.
10
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
It is now time for Professors to change their outlook on the teaching of law, and
change their audience to feel challenged again. For this, prison provides the ideal
microcosm to challenge young lecturers. Diversity in the student body as well as the
unusual setting of the facility provide the most unconventional and best training
environment.
3
Reflections on Unconventional Teaching Environments as Tools For
a New Pedagogical Methodology
Comparative law being one of my main research interests, I offered to teach a
weekly seminar on Comparative Legal Traditions at the Auburn Correctional Facility.
The class was designed to give students a basic understanding of some key legal
traditions: Talmudic law, Civil law, Islamic law, Common law and Asian legal
traditions. Similarities and differences between these legal traditions were put
forward through the examination of their historical backgrounds, constitutional
systems and interpretation.
My 22 male students, with a rough age range of 21 to 55, coming from diverse
social, cultural, economic, religious and educational backgrounds offered me a new
perspective on legal education. Traditionally perceived as the privilege of an upper-
11
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
middle class, my students convinced me that legal education should open up its
ranks to more diverse voices that are susceptible to supplement the legal discourse.
A. New Teaching Methods
After a semester at Auburn I wondered what had made my experience so deep and
beneficial. The training acquired during this seminar had certainly shaped my
teaching style and hopefully made me a better and less conventional educator. Of
course the increased security of the facility created an unusual work environment,
however I believe it is the exceptional student-body with its ability to approach
legal topic in a completely novel manner that made the experience truly extraordinary.
Thanks to in class discussions, the presentations and essays of my students I was
able to adapt to this unconventional environment. I believe that within my first
weeks of teaching I had undergone something very close to what the literature
describes as an “Inside-Out” experience. Professor Lori Pompa founder of the
celebrated “Inside-Out’’ program (Shay, 2012, p.207) explains that the goal of this
project is to provide a “transformative” experience, focusing on an “embodied”
method of teaching (Pompa, 2011).
Simply, the “Inside-Out” program promotes teaching law to “inside” and “outside”
students simultaneously within the prison environment. Law school and inmate-
12
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
students develop a relationship around their understanding of the legal topics and
get to experience each other’s point of view and realities. Law school students are
provided with a “shock” therapy to spur questions about prison life to hopefully
inspire them to contribute to the improvement of prison facilities and become
better legal practitioners (Shay, 2012, p.208).
Of course the program provides a great stepping-stone these students, but it also
gives exceptional learning opportunities to inmates. Traditional law school students
contribute to the mutual learning process by helping their inmate comrades nuance
their sometimes sharp and counter-intuitive assumptions about the law. In turn,
both conventional and unconventional students participate in the instructor’s
training. The Inside-Out method is certainly not a single-sided learning tool
designed to please law schools. Just like many other prison-education programs it
has a “multi-directional” dimension.
To structure her class at the Western Massachusetts Correctional Alcohol Center
law professor Giovanna Shay also used the “Inside-Out” method. She later
transposed the methodology to her lectures at Western New England University
School of Law. According to her most recent article she believes that the program
enabled her to become more creative with her teaching and more particularly she
found that:
(…) [I]n contrast to the traditional Socratic Method in which one
student is asked to perform while the others are permitted to tune
13
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
out, asking the same question of each student both kept the
pressure on by requiring a response from everyone, and took the
pressure off by ensuring that no one person was singled out for
interrogation (Shay, 2012, p.216).
In a sense she “went back to the drawing board” and simplified her approach. She
rethought her class preparation and teaching techniques to adapt to a more diverse
audience (Shay, 2012, p.213).
For my part, slowly drifting away from the traditional Socratic method towards a
more fluid and organic lecturing style I experimented multiple alternative teaching
techniques. The diverse backgrounds of my students and more particularly their
varied acquaintance with legal studies required that I use contextualized learning
methods.
Early on they showed me that their understanding of comparative law was
dependent on their ability to relay the course material to their own experiences,
daily lives and personal beliefs. I was to fail trying to make them learn about the
law by using rhetorical questions. Most certainly it was because my formulation of
questions and problems would betray my Anglo-European perspective, a
perspective and context according to and in which I had been educated.
For most of my students the study of comparative law was a novelty. All came in
with expectations and preconceived judgments about the topic. I already knew that
legal studies could trigger a fair share of struggles but after the first student
14
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
presentation it became obvious that comparative legal studies would constitute a
greater challenge with a particular set of difficulties. The group struggled to
transpose themselves into different legal “universes” to proceed with proper
comparative work.
Therefore I started to give them basic examples to illustrate intricate legal
paradigms. I was then able to make them understand that although they perceived
the fundamental principles of the law as arbitrary, legal traditions came to life in the
concrete application of a set of rules, and that in fact for most part these rules were
the expression of a democratic majority, or a divine revelation used to provide
guidance to followers.
The complexity of comparative law with its methodology and the unique nature of
the themes analyzed could certainly be demystified with concrete illustrations.
Right from the start it was essential to give the students a basic understanding of
what comparative law entails and demands. In order to discover the context in
which they were transposing my teachings, I had to initiate a relationship on a
different level. Thus I shared trivial details about myself: my passion for cleaning
and an early start of the day. This personal information made my students uneasy
and left them wondering why I wanted to provide them with such an unusual
insight on my life. I went ahead and made them do the same having them share
what their favorite food, color, animal, or hobby was, creating even more
15
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
confusion, but ultimately making them bond with me and each other. I had made a
simple, basic but crucial connection with my group. Using simple examples I
created an opportunity to turn the “de-personalized” setting of the prison
classroom into a more intimate learning environment. Ultimately I provided them
with a human connection rarely present within the prison walls and an expected
comparative perspective.
I explained that the purpose of the law is to frame human behavior in order for us
to live harmoniously irrespective of our likes and dislikes. Therefore if I were to
create disturbance with my habits I may be reprimanded by my peers and subject to
a fine for noise violation. This example showed my students that all our choices
and preferences, even at the most personal level can impact society, and that law
therefore had the potential to regulate the most intimate and personal aspects of
our day-to-day reality.
I believe that through this clever rhetorical game my students understood that we
are all subjects of the law irrespective of our differences. I also stressed that our
study of comparative law and legal traditions through principles and vivid examples
would also require that we respect and cultivate our differences, to better
understand and compare our diverse outlooks on many legal issues. After the
success of this experience I explained almost any other concept by first starting
with a concrete relatable example to move on to a greater level of abstraction.
16
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
This anecdotic exercise should certainly be transposed in traditional classrooms
because it is the lack of meaningful dialogue that leaves law students confused and
unable to understand the context and purpose of the cases they are presented with.
Never providing the students with the opportunity to share their personal
experiences and reveal the context in which they interpret broad theoretical
principles, this artificial discussion exacerbates the students’ confusion and sense of
alienation (Lustbader, 1998, p.402-403).
At a later stage during our seminar it became important for me to have the students
“own” the class materials. I did not want them to accept nor be convinced by the
readings, but to internalize the information in order to inductively, deductively
reason and apply the theoretical concepts to a more concrete set of facts.
Role-playing was key in having my students argue different positions and adapt
rules to exceptional cases. Among many exercises I had them defend a woman in
divorce proceedings under two different legal traditions and compare the
outcomes. Not only was this asking them to choose and adopt the perspective of
an unfamiliar legal tradition, they also had to step in a woman’s shoes to appreciate
her situation and criticize the effect the law at different stages of the proceedings.
17
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
Having reached a certain point and having perfected their analytical skills it became
natural for my students to coin their own hypotheticals and explain difficult or
confusing principles to their fellow classmates. Ultimately critical legal thinking
came from within without probing. No student being the target of a line of
questioning, they all worked collaboratively to help one another embark on the
same educational journey. Adding their perspective to my explanations they found
their voice individually and as a group.
The use of legal paradigms and citation of authorities did not resonate with my
students. I had to prove assumptions and accept that the most fundamental
statements of law would always be challenged. Clearly teaching legal traditions in
prison was not about laying down the law. It was about opening my eyes and their
horizon to new found language with the help of a different dialogue.
I should not understate my students’ exceptional qualities. I was blessed to teach an
outstanding group of students, who were not only interested in sharing their work
through original presentations, but also very eager to give their opinion on a variety
of legal issues. At times, the debate had to be refocused, as the desire to drive the
discussion towards philosophical and quasi-metaphysical questions, rather than
adopting legal reasoning was very strong. More than anything they were craving
interdisciplinarity and pushing for justifications and more accurate explanations.
18
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
They understood that law is not a stand-alone topic and that it needs to be relayed
to other social sciences.
For my part I understood that their diverse group had various learning styles and
consequently that I needed to adapt my teaching to cater to their educational needs.
Using concrete and simple examples, role-playing exercises, in-class presentations,
discussions and charts, I used creative techniques to have them, once a week, evade
in a different legal tradition.
B. New Perspective on Legal Education
During the course of 19th and early 20th century legal education was the privilege of
white Anglo-Saxon males. Harvard’s 1887 ranking system designed to exclude the
masses and leave diversity out of its law school had the grading system,
membership to law reviews and the legal profession organized around students’
social origins. Women, immigrants, African American and Jewish applicants were
directly excluded from the hierarchical structure (Jewel, 2008, p.1186). Today, law
schools no longer segregate specific categories of applicants, nonetheless socioeconomic status remains an indirect mode of exclusion. In fact, upper-middle class
codes and mannerism still influence the ranking of law schools, the evaluation of
law students and the entry to the profession trough the bar exam (Jewel, 2008,
p.1186-1187).
19
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
Although portrayed as “fair” and solely based on merit and hard work, the ranking
system fails to capture students’ personal circumstances. Having had the chance to
attend competitive secondary and undergraduate institutions and thus acquiring
superior analytical skills and greater cultural capital certain groups of students are de
facto favored by this self-reinforcing system (Jewel, 2008, p.1187).
In order for law schools to stop replicating these exclusionist schemes and account
for a more diverse audience, peripheral groups need to be heard. Unconventional
students are interested in participating in the improvement of legal education by
providing their unique perspective derived in part from their personal experience
with the law. Therefore we should provide an appropriate platform for them to be
heard.
Contrary to popular belief prisoners are willing to acquire skills and perfect their
knowledge. Perhaps their initial fascination with legal studies stems from a desire to
understand their own dealings with the law, but as they acquire the basic principles
their interest rapidly turns to more intricate legal topics.
My students were also animated by the desire to perfect their analytical skills and to
participate in the development of legal education. In a venue where the law is an
underlying theme and part of their daily life, the classroom provided them with an
ideal social outing, free from any pressure from their family members or peers. In
20
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
many ways I found that prison was a more fertile ground for legal education than
the hostile setting of law school classrooms.
Indeed, in prison, education is non-excludable. The success of an inmate-student is
in no way detrimental to the accomplishments of a classmate. Competition remains
at healthy level since students are not being ranked in comparison to their peers but
according to their own progression. All the more grateful for the volunteers that
come and provide them with the precious gift of an education they believe that
through this process they finally have the potential to radically change their lives.
The carceral environment has been the object of many psychological and
sociological studies (Hunt et al., 1993; Schimd & Jones, 1991; Sykes, 2007).
Empiricists have been mostly interested in its culture, codes and lifestyle. I too was
fascinated with the prison universe. Reading Professor Patrick Glenn’s book on
Legal traditions of the world: Sustainable diversity in law a passage particularly stayed with
me. It was his description of “traditions of corruption” depicting them as traditions
attracting crimes, narcos and social parasites disturbing the wellbeing of society
attracted my attention (Glenn, 2000, p.25).
A few weeks into the seminar I realized that I was wrong to assume that prison was
cultivating this “tradition of corruption”. With my students coming from such
different ethnic, social, and economic backgrounds, it was not fair to put them in a
21
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
box and construct a “prisoner stereotype”. However one common feature stood
out, they did indeed all belonged to a tradition that was, the “prison legal tradition”.
Indeed, inmate-students at Auburn cultivate a strong tradition continuous within
the walls. One that rewards great learning skills, membership and loyalty to a group,
and shuns betrayal and arrogance. Although at times questionable, this tradition has
its own axes of morality and decency, but also a sense of humility, customs and
rites of passage, and it is in no way the corruption of an already existing tradition. It
stands on its own and nourishes itself from religion and a conflicted sense of
rationality. The multitude of minorities enclosed in its rites of passages and
customs brought together diverse and underprivileged voices inexistent in a
conventional learning environment.
At that moment my perspective changed and the seminar become comparative on
a deeper and different level. Unfortunately my students and I were still not
completely ‘in tune’, for I had a hard time understanding their strong and negative
reaction to codified law and their fierce dislike of precedent. In their eyes legal
systems were unstable and arbitrary schemes. Evidently they had their perspective
and opinion but I also understood that their legal tradition had them create their
own legal referential, with its rules and ways of transmission.
22
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
Religious legal traditions resonated far more with my students than any other
western legal traditions. This preference was the reflection of their unconventional
comparative approach. I had spent a lot of time theorizing as to why they had more
trust in the divine judgment than any of the occidental dispute resolution systems.
Perhaps it was because they had received harsh judgments from their peers and
trust that, when the time comes, God will be more lenient in his judgment. Also
many of my students confided that Islam and its laws give them the rhythm and
meaning necessary to carry on with their life in prison. Indeed, statistics show that
one out of three inmates converts to Islam upon incarceration.
Irrespective of their motives I understood that inmate-students can enrich the legal
discourse with a new and unconventional perspective on the law. In due course
their unconventional perspective collided with my traditional vision of the law and
took our discussion to a new comparative level. Comparative legal traditions were
no more traditional comparative perspectives. The exercise did not limit itself to
established and institutionalized traditions; it also encompassed a comparison
between individual experiences.
23
]
4
Prison-Based Education And Its New Pedagogical Perspective
[2013
A Modest Tribute to My Unconventional Students
Perhaps prison is not the only environment worth exploring to develop new
teaching methods and develop more experiential training tools, but one thing is
certain, shifting our perspective on traditional teaching methods is now a necessity.
Other unconventional teaching venues are worth exploring to bring in a new
perspective inside our traditional classrooms and acknowledge the importance of
diversity in legal education. It is our duty as educators to step outside law schools
and help contribute to the future of legal education to trigger long lasting change
benefiting both our conventional and unconventional students.
Before entering Auburn I only partially understood the place of inmates in the
American society. For the general population they are undeserving of playing a part
in the social construct and should be excluded indefinitely for the harm they have
caused irrespectively of the debt they pay in prison. I now comprehend that,
although no longer benefiting from many of their civil rights, they remain
imminent and direct subjects of the law. For some, they thrive to redefine
themselves no longer along the lines of the crimes they have committed, but as
educated students willing to bring in a refreshing point of view.
The contribution of my students and their diverse voices certainly helped me to
find my own voice as a legal instructor. This unconventional environment provided
me with the most quintessential teaching experience. My students and I built an
24
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
authentic relationship around our understanding of the law. For my part I shared
my knowledge of western legal traditions and for theirs, they offered me their
atypical approach to legal studies and legal education.
Ultimately I wish to pay tribute to my students. Through their eyes I felt freed from
my young lecturer’s scruples. Entrusting me with their education and never to
question my training, week after week they continued to challenge me. Never
second-guessing my ability to teach them all that I knew, they helped me to
dramatically improve my teaching skills and made me grow as a legal researcher.
Auburn has pushed me to thrive to cultivate my ability to think beyond the law
school ‘walls’. I owe it to my students to acknowledge how much they have
changed me, and thank them for never leaving any stones unturned.
Acknowledgments
I am deeply indebted to Sabrina Gilani for her very insightful remarks and
constructive criticism. The remaining errors are solely mine.
References
Bateman, P. (1997). Toward diversity in teaching methods in law schools: Five
suggestions from the back row. Qlr, 17, 397.
Bloom, D. (2006). Employment-focused programs for ex-prisoners. What have we
Learned, what are we Learning and Where should we Go from here.
25
]
[2013
Prison-Based Education And Its New Pedagogical Perspective
Buchanan, R., MacCrimmon, M., & Pue, W. (2001). Legal knowledge for our times:
Rethinking legal knowledge and legal education. Windsor YB Access just., 20, xiii.
Bureau of justice statistics reentry trends in the U.S.: Releases from state prison
Retrieved 8/9/2013, from http://www.bjs.gov/content/reentry/releases.cfm
Bushway, S. D. (1998). The impact of an arrest on the job stability of young white
american men. Journal of Research in Crime and Delinquency, 35(4), 454-479.
Corcoran, F. (1985). Pedagogy in prison: Teaching in maximum security
institutions. Communication Education, 34(1), 49.
Cornell
Prison
Education
Program.
Retrieved
http://cpep.cornell.edu.proxy.library.cornell.edu/_Home
8/9/2013,
from
Dallimore, S. (1976). Socratic method-more harm than good, the. J.Contemp.L., 3,
177.
Dewey, J. (2004). Democracy and education. Courier Dover Publications.
Dueker, A. K. (1991). Diversity and learning: Imagining a pedagogy of difference.
NYU Rev.L.& Soc.Change, 19, 101.
Glenn, H. P. (2007). Legal traditions of the world: Sustainable diversity in law. Oxford
University Press.
Harer, M. D. (1995). Prison education program participation and recidivism: A test
of the normalization hypothesis. Washington: Federal Bureau of Prisons, Office of Research
and Evaluation.
Harlow, C. W. (2003). Education and correctional populations. US Department of Justice,
Office of Justice Programs, Washington, DC.
Hunt, G., Riegel, S., Morales, T., & Waldorf, D. (1993). Change in prison culture:
Prison gangs and the case of the pepsi generation. Soc.Probs., 40, 398.
Jewel, L. (2008). Bourdieu and american legal education: How law schools
reproduce social stratification and class hierarchy. Buffalo Law Review, 56, 1156.
Karpowitz, D., Kenner, M., & Initiative, B. P. (1995). Education as crime
prevention: The case for reinstating pell grant eligibility for the incarcerated.
Evaluation.
26
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
Kearney, M. K., & Beazley, M. B. (1991). Teaching students how to think like
lawyers: Integrating socratic method with the writing process. Temp.LR, 64, 885.
Kennedy, D. (2004). Legal education and the reproduction of hierarchy: A polemic against the
system: A critical edition NYU Press.
Larson, D. (2012). Commencement remarks CPEP Graduation.
Lustbader, P. (1998). Teach in context: Responding to diverse student voices helps
all students learn. Journal of Legal Education, 48, 402.
Muir-Watt, H. (2012). The confinement of the legal discipline and legal education, institutional
imahination and socio-economic governance: Legal thinking in the aftermath of the financial crises
(Keynote Speech at Law and Boundaries International Conference at Sciences Po
Paris ed.).
Neumann Jr., R. K. (1988). Preliminary inquiry into the art of critique, A. Hastings
LJ, 40, 725.
Pompa, L. (2011). Breaking down the walls: Inside-out learning and the pedagogy
of transformation. In S. J. Hartnett, J. K. Wood & B. J. McCann (Eds.), Turning
silence into speech and action: Prison activism and the pedagogy of empowered citizenship (pp.
331-352) Taylor & Francis.
Powell, B. V. (1994). Defense of the socratic method: An interview with martin B.
louis (1934-94), A. NCL Rev., 73, 957.
Rhee, R. (2010). On legal education and reform: One view formed from diverse
perspectives. Maryland Law Review, 70, 310.
Ribstein, L. E. (2010). The death of big law.
Shay, G. (2012). Inside-out as law school pedagogy. Journal of Legal Education, 62,
207.
Stropus, R. K. (1995). Mend it, bend it, and extend it: The fate of traditional law
school methodology in the 21st century. Loy.U.Chi.LJ, 27, 449.
Sykes, G. M. (2007). The society of captives: A study of a maximum security prison
Princeton University Press.
Thies, D. (2009). Rethinking legal education in hard times: The recession, practical
legal education, and the new job market. J.Legal Educ., 59, 598.
27
]
Prison-Based Education And Its New Pedagogical Perspective
[2013
Vacca, J. S. (2004). Educated prisoners are less likely to return to prison. Journal of
Correctional Education, 297.
Walters, G. D. (2003). Changes in criminal thinking and identity in novice and
experienced inmates prisonization revisited. Criminal Justice and Behavior, 30(4), 399421.
Western, B., Kling, J. R., & Weiman, D. F. (2001). The labor market consequences
of incarceration. Crime & Delinquency, 47(3), 410-427.
Wetherbee, W. Cornell at Auburn : An Experiement in Teaching and Learning,
from http://www.sce.cornell.edu/sce/cpep_wetherbee.pdf .
28