#HowisTHATfair?

1. #HowisTHATfair? Goading Hesitant Millennials into Meaningful Engagement in the Criminal Justice Community 2016 AALS Conference on Clinical Legal Education Baltimore, Maryland May 1, 2016

2. Objectives • Disclaimer • Team Selection • Need to Goad? • Define “Millennial” • Accuracy of definition • Influences on the Generation • Categorization • Case Studies • Brain Storm

3. Team Selection • Count off • Group up • Introductions within group (3 minutes) • Years of clinical teaching • Criminal or other • Most embarrassing clinical moment • Etc, etc, etc

4. Need to Goad • Decline in clinic enrollment • Decline in ability by some students • Decline in clinic engagement by many students • Decline in community engagement by almost all students • 2012  present • What happened?

5. Millennial Defined • Digital Natives – DOB 1981 – 1991. • Approximately 40 million strong • Seek maximum flexibility in all aspects of life • Thrive on maximum feedback – 80% want daily positive feedback • Require meaningful rewards for minimal accomplishments • Generally more open-minded

6. UM Monitoring the Future UCLA Freshman Study • More civically and politically disengaged • More focused on materialistic values • Less emphasis on self-acceptance, group affiliation and community. • Less concerned about helping the larger community than were GenX and Boomers at the same age. • N = 9,000,000 -- 2012

7. UM Monitoring the Future UCLA Freshman Study • Is being wealthy important? • 45% Boomers; 70% GenX; 75% Millennial • Do you keep up with politics? • 50% Boomers; 39% GenX; 35% Millennial • Do you have a meaningful philosophy of life? • 73% Boomers; 55% GenX; 45% Millennial

8.   Millennial MomentumMichael Hais- 2011 • “…..They were sheltered in many ways, with a lot of high expectations for what they should achieve. Individual failure is difficult to accept when confronted with a sense that you're an important person and expected to achieve. Even though, in most instances, it's not their fault — the economy collapsed just as many of them were getting out of college and coming of age — that does lead to a greater sense of stress."

9. 2012 American Psychological Association Stress Study • More stress, depression and anxiety • Top stress sources are work (cited by 76%), money (73%) and relationships (59%) • 39% say their stress has increased in the past year; 52% say stress has kept them awake at night in the past month. • More than any other age group, they report being told by a health care provider that they have either depression or an anxiety disorder.  • N = 2020

10. Live Science, 2013 Douglas Main • “They have also been described in positive ways. They are generally regarded as being more open-minded, and more supportive of gay rights and equal rights for minorities. Other positive adjectives to describe them include confident, self-expressive, liberal, upbeat and receptive to new ideas and ways of living.”

11. Current Status • Decreased sense of actual community • Increased sense of virtual community • Open minded and minority supportive • Resistant to direction • Confident • Negative critique = catastrophe • Enhanced level of outcome frustration

12. Generational Influences • Education Reform • Social Change • Technology

13. 1981

14. 1983

15. 1986

16. 1989

17. 1991 - 1993

18. 1996

19. 1999

20. 2001

21. No Child Left Behind • Roll-out to commence 2002 – 2003 school year • By the 2005-06 school year, states were required to begin testing students in grades 3-8 annually in reading and mathematics. • By 2007-08, they had to tests students in science at least once in elementary, middle, and high school. • States were required to bring all students to the “proficient level” on state tests by the 2013-14 school year. • “More rigorous and measureable standards” in order to receive federal funding

22. Roll-out to Law School • 2013 JD matriculates  7th grade • 2014 JD matriculates  6th grade • 2015 JD matriculates  5th grade • 2016 JD matriculates  4th grade

23. Social Change • AYSO • Blue Ribbons/No Score Games • Social Promotions • Maintain Peer Grouping • Political Polarization • Lack of Meaningful Hero’s • Open Hostility at Highly Visible Levels of Government • Increasing Family Destabilization • ‘nuff said • Information Deluge 

24. Technology

25. Increased Connectivity • Internet • Immediate access to information • No library interaction • Cell Technology • Telecommunications • Texting • Social Media • Story Sharing • Story Liking • Decreased in-person interaction

26. Native Habitat

27. Suggestions • Recognize the problem change • Different needs = different solutions • Accept the new norm • Incentive based engagement • Enhanced use of narrative • Empathic teaching • Redefine success

28. Crime Scene

29. Christian Gonzales • Shooting - Client shot and auto full of holes • Indicted – Witness Intimidation, Witness Harassment, PSMV • BCX - Just because we can….. • Motion - Seek to dismiss indictment • Ruling - Denied – Court: “How about we set this for a quick bench?”

30. Humphrey Bunch #1 • 06 CR 10047 – Residential Burglary • 2006 – JW/PG/FG 8 years IDOC (w/i 60 days of arraignment) • 2006 – Appointed to file mtn w/d PG • 2007 – Mtn for retrospective BCX – trans to CCDOC RTU – unfit • 2007- Remand DHS pending restoration • 2008 – Restoration, PG w/d, back to CCDOC RTU • 2008 – plea time served – 830 days (750 in mental health facilites)

31. Humphrey Bunch #2 • 09 CR 11446 – Residential Burglary • 2009 – found and filed app, req BCX sanity • 2010 – insane at the time • 2010 – reduced theft, MHP 24 month, Thresholds placement, 310 days • High student engagement throughout case

32. Humphrey Bunch #3 • 13 CR 20900 – Residential Burglary • 2015 – Find and file appearance, req BCX sanity and MHC eval • 2016 – PG att burg, 24 months MHC probation w/ in- patient – 829 days • As of 4/28/16, medication compliant and meeting all goals • No student assigned to case

33. Empathic Teaching • Who am I? • Am I in their shoes? • What are my goals – personal and student? • Is my teaching relevant?

34. Me! • Excited about role? • Engaged? • Empowering? • Credible? • Connected? • Supportive?

35. Their Shoes • See through the eyes of the beginner • Fear? Hope? Anxiety? Joy? • Assessment of needs • Scheduling • Transportation • Awareness of learning style • Visual? Auditory? Kinesthetic? • Integration of entire section • Making connections

36. Goals • My goals • Case management • Student development • System interaction • Student goals • Develop critical thinking • Enhance problem solving skills • Create professional persona • Search for career opportunities

37. Relevant Teaching • Real world application • Client narrative • Background • Why……? • Student/attorney narrative • Experience • Career development • ARDC • Indictment

38. Advantages • Creation of neural activity • Thoroughness of discussion • Connection with students • Flexibility in problem solving • Walk the walk

39. Brain Storming • Your examples of life and professional experience converted into a meaningful and productive narrative.

40. Thank You! Rachel Moran Clinical Teaching Fellow University of Denver Sturm College of Law Daniel Coyne Clinical Professor of Law Illinois Institute of Technology Chicago-Kent College of Law