Giving Voice to the Voiceless

In the United States, the universal right to counsel is as synonymous with the legal system as a judge’s gavel or a box seating twelve jurors. And yet, in other parts of the world, criminal defendants unable to afford attorneys can find themselves without any representation in court.

J.C. Lore III, distinguished clinical professor and director of trial advocacy at Rutgers Law School in Camden, has spent much of his career empowering those without the guaranteed right to counsel to learn legal skills and benefit from the expertise of others. With this work comes frequent overseas travel, and in August 2023, he and a team of advocates journeyed across the Atlantic to Naivasha, Kenya. In a country where only those accused of capital offenses are provided attorneys, Lore and his partners with organizations like the National Institute for Trial Advocacy (NITA) and Justice Defenders are fighting to provide adequate legal representation for every citizen.

For Lore, this international work is nothing new. Over the past decade, he has made his expertise available to those in need around the globe, making stops in countries like Nigeria and India. However, his recent trip to Kenya was unlike any other, as it showcased the astonishing impact that the right kind of training can have on an entire nation's legal framework.

“I’ve been fortunate to be supported by organizations like NITA, and Rutgers has always been behind me,” Lore explained. In Kenya, his expertise in trial advocacy allowed him to tackle a range of issues. His approach trained legal professionals alongside inmates and paralegals within Kenyan prisons, creating an interconnected framework of institutional knowledge.

Lore began his legal career as a public defender in Philadelphia and Chicago. He dedicated his life to representing the most vulnerable, giving a voice to those who had none. “Fighting for indigent defense helped me to find and stay connected with an important public-interest community” he said. “It is vital to help the next generation of trial lawyers prepare to practice law.” It was this passion for justice that eventually led him to Rutgers in 2006, where he helped establish the Children’s Justice Clinic.

Lore's teaching efforts soon extended far beyond Rutgers, as he traveled the country ramping up legal education programs that put his vision for a more equitable justice system into action.

J.C. Lore III, distinguished clinical professor and director of trial advocacy

J.C. Lore III, distinguished clinical professor and director of trial advocacy

However, the program in Kenya held a special place in Lore’s heart, primarily because it addressed critical issues he had witnessed throughout his career. Kenya, like many countries, lacked a comprehensive public defender system. People who couldn’t afford lawyers often found themselves in court without any understanding of the proceedings or unable to receive legal representation at all.

“The right to a lawyer, except in the case of capital offenses, is often not guaranteed," Lore explained. In Kenya, the wheels of justice turn excruciatingly slowly, with trials sometimes taking five to ten years to conclude. Many defendants didn’t understand the outcome when they were eventually sentenced. This sluggishness in the legal system led to overcrowded prisons and the wrongful conviction of many individuals.

Enter Justice Defenders, an organization that is working to revolutionize the justice system in Kenya. Lore recounted some of the group’s achievements. "Inmates are trained to be paralegals," he said. These inmates help their fellow prisoners navigate the legal system, pushing their cases forward and even assisting in appeals for wrongful convictions.

But it is not just inmates who are involved; guards also play a crucial role. The program fosters a collaborative environment where inmates and guards work together to further their education and practical skills. The results have been staggering: Initial success shows the potential to dramatically reduce Kenya's prison population, expedite trials, and secure the release of wrongful convicts.

Perhaps even more remarkable is the transformation that has occurred within the prisons themselves. “Prison violence is down, bad behavior is down, and the overall mood has completely changed,” Lore said. “Inmates now have the means to make themselves heard, and the entire atmosphere within the prisons has shifted.”

The impact of Justice Defenders has expanded to 18 prisons in Kenya, with Uganda considering a similar program. During his trip, Lore conducted intensive training sessions, with 50 to 60 people attending each day. “It was really emotional,” he said. “We didn’t always know what to expect, but what we found was warmth and commitment from people who just wanted to learn.”

Adding a personal touch to Lore’s experience in Kenya, his two oldest daughters, Olivia and Sadie, played a crucial role. They dedicated some of their time to volunteering at a shelter for street children, while inside the prisons, they assumed the roles of witnesses, acting out a case file authored by their father and adding authenticity to the training sessions.

The case Lore created involved a dispute between two neighboring families, a familiar scenario in Kenya. In this instance, two teenagers had engaged in a consensual relationship, which had later come to light, resulting in a false accusation of sexual assault due to a family disagreement. Through their training and dedication, Lore and his daughters helped shed light on what participants could learn from a complex case such as this one.

Lore encouraged others to support programs like Justice Defenders, both domestically and abroad. He emphasized that these programs frequently need witnesses, administrative assistance, and general research support, roles that do not require a legal degree.

“We probably could not have pulled off anything like this in the United States,” Lore said, noting the recent addition of an online J.D. program. “When you see firsthand that inmates finally have an outlet to voice their concerns, it provides so much motivation to continue and expand the work.”

Design: Douglas Shelton