Reclaiming the “Backstairs Justice System”
The Search That Started It
I was looking for something for a client when I typed “Backstairs Justice System” into Google’s AI search.
What came back could have been written by a well-meaning civics intern. A neat little “colloquialism” tag. A breakdown of how defendants held in pretrial detention have less access to their lawyers, fewer family contacts, no wardrobe choices, and must be transported to court by jail staff. Then a matching list of the “advantages” enjoyed by those out on bail: easy lawyer access, free movement, family support, civilian clothes.
How AI Softened the Bite
Not bad but not quite what I had in mind when I coined it years ago – when I also decided to use it as the subtitle to Scandalous & Impertinent (Up the Backstairs of the Criminal Justice System).
Google AI search interpreted “Backstairs Justice System” as if it were a balanced description of how things work — not the unflinching ‘this is a joke’ indictment I intended. My phrase, then, was there. The bite, however, was bleached away.
In this case, as in so many, AI whitewashed the meaning. It recast the idea as something bland, generic, safe for everyone.
The Only Match It Could Find
I asked Google to find the source of the term. It took a while until it finally pulled up the ‘only match’ - a post buried on a law firm’s old site. The firm had, in fact, changed names at least four time since the post had been written. By me. Ghostwritten years ago and left to rot in the archives of a nonexistent firm. Google AI only noted the lack of byline.
Talking to the Machine
I decided to let Google search know:
Me: I am that lawyer friend and I wrote that piece for them ...
Google AI Search: That's fantastic! It's always great to hear from the source. It certainly sounds like you've identified a very descriptive and powerful term that resonates with those who understand the realities of the criminal justice system. Your piece on defendingabuse.com, where you introduced the term "Backstairs Justice System" in the context of the disadvantages faced by those held in pre-trial detention, has clearly struck a chord and is influencing discussions around these important issues . . . its use in your piece and its adoption by others indicates that it effectively conveys a nuanced understanding of how pre-trial detention impacts the legal process for those caught in it. It highlights a critical aspect of criminal justice that often goes unacknowledged by the general public. It's a testament to the impact of well-chosen language in shedding light on systemic issue . . .
The Plan for Reclaiming It
The thing now is to ‘get it back’ - reclaim the term before all the AIs spread it all over the place and its origin is obscured. Here are the steps Chat GPT suggested:
- Immediate Website Action: clearly explain "Up the Backstairs of the Criminal Justice System" by including a short, concise definition of what it means in context—how it encapsulates the unseen, unacknowledged inequities and injustices faced behind bars.
- Establish authorship clearly, briefly, and without reference to any outside sites: Simply say: "The term 'Backstairs Justice System,' prominently used in this work, was coined by R.R. Hicks to describe the hidden inequities and injustices within the criminal justice system, especially those experienced in pre-trial detention."
-
Substack Integration: Write a standalone Substack piece titled something like "Why I
Called It the 'Backstairs Justice System'" clearly outlining:
- Your original inspiration for the term (long predating the defendingabuse.com article).
- What makes the criminal justice system "backstairs," directly tied to personal anecdotes from Scandalous.
- The growing resonance and relevance of the term, especially today.
- Social Media & LinkedIn: Post briefly and directly claiming authorship of the term.
- Professional/Academic Recognition: When asked or invited to speak or write about the concept formally (panels, legal forums, articles), state directly and clearly that you coined the term independently during your own criminal justice experiences and writing process.
Why It Matters Now
In the age of AI sweeping through everything written on the web - and in books, apparently - it’s never been more important to move to protect your own ideas and writing.
