The Stress of Injustice: Public Defenders and the Frontline of American Inequality

Abstract

Fairness in the criminal legal system is unattainable without effective legal representation of indigent defendants, yet we know little about the experience of attorneys who do this critical work. Using semi-structured interviews, our study investigated occupational stress in a sample of 78 attorneys representing indigent clients across the United States. We show how the chronic stressors experienced at work culminate in what we define as the stress of injustice: the social and psychological demands of working in a punitive system with laws and practices that target and punish those who are the most disadvantaged. Respondents positioned their professional stress around structural, not individual, aspects of the American criminal legal system, specifically punitive excess, underfunding of indigent defense, and the criminalization of mental illness and substance use. Working within these interrelated structural constraints makes public defenders highly vulnerable to stress and attrition.