LAWCROSSING
THE LARGEST COLLECTION OF LEGAL JOBS ON EARTH
LAW STAR
www.lawcrossing.com
1. 800.973.1177
Constance Istratescu: Supervising Attorney, Orange County (CA) Public Defender’s Office, Writs and Appeals Unit [By Charisse Dengler] As a public defender specializing in gang cases, Constance Istratescu is appointed to represent defendants in criminal cases, a responsibility that is certainly not for everyone. If you question her choice of profession, though, she’s quick to set you straight. “People often ask me after I tell them
was only present at the time the crime was
“As long as this ‘war on gangs’ is the
what I do, ‘How can you defend all those
committed by another gang member.
government’s response to poverty and
criminals?’” she said. “I tell them, ‘My job
racism, I am happy to help my colleagues
is to keep the government honest after it
“I believe very sincerely that the ‘war
improve their lawyering skills in order to
charges a person with a crime and that
on gangs’ is a panic response to a
better serve our ‘gang member’ clients,” she
person is in danger of losing his or her
misunderstood social phenomenon and that
said.
liberty. There is no reason to be so trustful
young men from gangs are being warehoused
of government, because historically
in prison instead of being exposed to
Istratescu said the most difficult challenge
government has taken the form of monarchy,
education and opportunity at an early age,”
that she faces as a public defender is
theocracy, oligarchy, and dictatorship. A
she said. “Father Greg Boyle, a priest in Los
ridding the public of its misconceptions
person could be sentenced to death without
Angeles who has worked with gang members
and stereotypes in regard to defendants
proof of any wrongdoing; remember the
in Boyle Heights for 20-plus years, said it
and the criminal justice system. In order
Inquisition and the Salem witchcraft trials?’
best, ‘Nothing stops a bullet like a job.’”
for her client to have a fair trial, she must
After that, they don’t find my job choice so confusing.”
succeed in getting the jury to “let go of their “In order to prove a gang crime, the
misconceptions about the criminal justice
prosecutor puts a police officer who is
system, such as the belief that defendants
Istratescu joined the Public Defender’s Office
typically from a police department’s gang
are always guilty, that defense lawyers will
in 1986. Since then, she has worked juvenile
unit on the stand,” she said. “The officer
and can do anything to get their clients
court, misdemeanor trials, felony preliminary
gives extremely prejudicial and, in my
off, that defendants skate or get off on
hearings, and the felony trial panel. She later
opinion, unsubstantiated profile evidence
technicalities, that policemen never lie,
joined the Associate Defender’s Office and
about what gang members are like. The jury
that prosecutors don’t have an agenda, that
the Alternate Defender’s Office, where she
is easily swayed by this prejudicial testimony,
judges are always fair, and that the right
is currently the supervising attorney in the
and there is no doubt that it leads to unjust
thing always happens.”
Writs and Appeals Unit.
verdicts in many cases.”
Istratescu said it was after she began to
Istratescu conducts training courses for
has experienced the system’s injustices
see the gang statutes of 1989 wrongly
the Public Defender’s Office, the California
first-hand. She feels that educating
implemented that she decided to specialize
Public Defenders Association (CPDA), and
the American people on the system’s
in the defense of gang members.
local bar associations, teaching attorneys
shortcomings and opening the doors
how to best defend gang members. In
of U.S. courts would produce a more
“My first gang case was a homicide back in 1995.
order to stay on top in her field, she reads
compassionate public.
I was so shocked by the stereotype of young men
relevant literature and case law in regard to
in gangs coming from the gang officer that I
gang defense. She has published an outline
“The public must become better educated
made it my mission to challenge this inaccurate
titled “Handling Gang Cases: A Conceptual
about its judicial system,” she said. “One
and prejudicial evidence,” she said.
and Methodical Approach,” which she is
solution would be to open the courtrooms
continually updating, along with numerous
to television. Then, the courtrooms would
Istratescu said the statutes make the
motions and briefs, for use in gang cases.
be truly public; and people, hopefully, would
punishment for gang crimes more severe and
She also makes herself available statewide
be better informed, less fearful, and more
can cause a gang member to be convicted
to attorneys who have questions about gang
humane.”
and sentenced to life in prison even if he
defense.
Working as a public defender, Istratescu
PAGE
continued on back
LAWCROSSING
THE LARGEST COLLECTION OF LEGAL JOBS ON EARTH
LAW STAR
www.lawcrossing.com
1. 800.973.1177
Raised in the small mining town of Lead,
the ridiculous notion that life was all about
a good solution to the problem at hand.
SD, Istratescu said she grew up having
being happy every day. That was one of those
The law is really about dispute resolution.
conversations about politics and the human
moments of epiphany. I stayed in college and
Consequently, it is only as good as the
condition. As the oldest of five children,
never again thought about quitting anything
thought and effort that goes into it.”
she helped her mother raise her four
I ever started, no matter how tough things
siblings after her father was diagnosed with
got.”
ON THE NET
schizophrenia. Istratescu’s advice to law students is to
Orange County Public Defenders Office
“My mother has been my strongest personal
figure out why they are going to law school.
www.pubdef.ocgov.com/index.htm
influence: her intelligence, her ideas, her
“The law is only a tool; it needs to be
work ethic, her strength in the face of
attached to something that you care about.
California Public Defenders Association
adversity—the list goes on and on,” she
Otherwise, you will spend long, tedious hours
www.cpda.org
said. “When I was a junior in college, I was
working on something that is meaningless to
so disillusioned by what was going on in
you,” she said. “If something is meaningless,
City of Lead, SD
the world that I was ready to quit. I told her
then you won’t be motivated to be good at
www.lead.sd.us
I wasn’t happy. She asked me where I got
it—to think out of the box and come up with
PAGE