The Incarcerated Intellectual: The Pursuit of Happiness

Avery Loring is an incarcerated writer who takes seriously the promise of the U.S. Declaration of Independence.

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 Attorney Jodi Backlund in black framed glasses and a black patterned shirt.
 Attorney Jodi Backlund is working to change how trauma informs the criminal legal system.

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness " — The Declaration of Independence paragraph 2 (U.S. 1776)

After countless phone calls, dozens of emails, several interviews and multiple prison lockdowns I broke through the impregnable ecosystem of these prison walls.

Thomas Jefferson is not the protagonist of this story, but his words would be put to the test as two very prestigious attorneys, Carolyn Bixel and Jodi Backlund agreed to go on the record and be interviewed for this article.

I found these two astonishing attorneys by having faith. It was an insight, a sort of sixth sense, an awareness and sensitivity to the sign of the times. A thought came to me and I acted upon it. I help other individuals file Personal Restraint Petitions at the law library and I began to use the criminal defense attorneys directory as a tool to employ the principles of restorative justice.

I wasn't familiar with their work and had never heard of either of their names, which is what I explained when asked how and why I contacted them in particular. I did not call to build a bridge, but rather to become one. It's what these politically perilous times demand of us. 

With questions asked, I sat in my cell typing frantically away on a laptop, careful not to miss a word as these attorneys spoke vividly of lived experiences, recounting their collective journeys.

Carolyn Bixel is more than an accomplished defense attorney; she's also a phenomenon and a patriot. She believes if the public truly knew more about how our criminal justice system worked, there'd be a bigger push to reform and fund it.

When I asked her what role trauma history should play in determining criminal liability and punishment, she's adamant: It should function as a mitigating factor. Such an approach moves the justice system from one of pure retribution to one of therapeutic jurisprudence. Substantial trauma acts as a neurological condition rather than just a harmful memory. It fundamentally alters the brain's survival network and how one perceives danger and how one controls emotional responses.

Bixel is on to something. According to a peer reviewed article in 2026 by William R. Wood, In the Shadow of Trauma, there are opportunities to use a trauma informed approach in restorative justice practices. This is possible through adjusting restorative processes to be safer and more responsive to the needs of individuals who have trauma histories, while still preserving core justice-oriented goals.

Jodi Backlund is more than just a distinguished attorney from Cornell Law School, she plans to leave her mark on history by lifting people up, making the world more just and playing her part in the grand scheme of restoring humanity.

When I asked her how criminal law can evolve as neuroscience reveals more about how trauma affects behavior, she said that defenses can be broadened and redefined to incorporate what we know is true about brain science and trauma. She also said that we can increase effective diversion out of the criminal legal system by implementing Trauma-Informed models of criminal punishments.

Backlund's professional opinion has merit. According to a peer reviewed article by Amy Dallas, In Right Relationship: Practicing and Teaching Trauma-Responsive Restorative Advocacy, (53 Fordham Urb. L. J. 241), Trauma-Informed criminal defense can, in fact, reform sentencing.

I believe if you plant enough seeds you'll grow a forest. Backlund and Bixel may not know it, but they have planted seeds of hope that will one day be watered by tears of joy.

I am humbled by the level of deep listening and patience each of these extraordinary attorneys shared with me, and our connection over the desire for each person to experience unalienable rights in our collective pursuit of happiness.

Even through the static connection of a collect call from prison, the truths espoused by our founding fathers was refined by our American' moral obligation to engage with everyday people, to disavow the derogatory assumptions the world has at the ready, and faithfully declare the redeeming power of humanity.