THERE OUGHTA BE A LAW
May. 12th, 2009 11:02 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
defrogITEM [via Don’t Tase Me Bro!]: The National Association of Criminal Defense Lawyers says the explosive growth of misdemeanor cases is placing a staggering burden on America's courts, with defense lawyers across the country forced to carry super-heavy caseloads that leave too little time for clients to be properly represented.
Says the ACLU:
Personally, I take all of this as a symptom of what happens when politicians pass frivolous legislation designed to make a point rather than solve a problem – like wearing saggy pants – or People In Authority decide that acts like taking photos of things or saying “fuck” in a Wal-mart are things you should be arrested and convicted for under laws that may or may not exist.
Little wonder the courts are overloaded.
So, to review:
1. The US Constitution was designed to enshrine a concept of justice and due process in which everyone gets his/her day in court and a fair trial with adequate representation.
2. We’ve somehow managed to build a society so constrictive and punitive to make that concept of justice logistically impossible to carry out.
Imagine that.
Still, Team Bush pretty much killed off due process as a concept anyway (or at least whatever due process was left over from the drug wars), so this really should come as a surprise to no one.
Better get a lawyer son,
This is dF
Says the ACLU:
A defender only has between 15 minutes and one hour total to work on any given case. That isn’t enough time to honor the rights guaranteed by the Sixth Amendment and results in the violation of 14th Amendment’s due process provision ...
Of course, all of that only applies if a defendant is lucky enough to be assigned a lawyer in the first place. It’s common practice for busy courts to dissuade defendants from seeking counsel, and the system is no help either. The defendant is given the option of pleading guilty on the spot or staying in jail and waiting, sometimes months, for a lawyer to be assigned to them. Many defendants have financial obligations and can’t afford to sit in jail for weeks or months, but, if they can’t post bail, that’s exactly what they’ll have to do. They are forced to make a difficult decision between seeking justice and getting out quickly. Most choose to get out quickly.
Of course, all of that only applies if a defendant is lucky enough to be assigned a lawyer in the first place. It’s common practice for busy courts to dissuade defendants from seeking counsel, and the system is no help either. The defendant is given the option of pleading guilty on the spot or staying in jail and waiting, sometimes months, for a lawyer to be assigned to them. Many defendants have financial obligations and can’t afford to sit in jail for weeks or months, but, if they can’t post bail, that’s exactly what they’ll have to do. They are forced to make a difficult decision between seeking justice and getting out quickly. Most choose to get out quickly.
Bear in mind we are talking about crimes like turnstile jumping, fish and game violations, minor in possession of alcohol, dog leash violations, driving with a suspended license, pedestrian solicitation, and feeding the homeless.
Personally, I take all of this as a symptom of what happens when politicians pass frivolous legislation designed to make a point rather than solve a problem – like wearing saggy pants – or People In Authority decide that acts like taking photos of things or saying “fuck” in a Wal-mart are things you should be arrested and convicted for under laws that may or may not exist.
Little wonder the courts are overloaded.
So, to review:
1. The US Constitution was designed to enshrine a concept of justice and due process in which everyone gets his/her day in court and a fair trial with adequate representation.
2. We’ve somehow managed to build a society so constrictive and punitive to make that concept of justice logistically impossible to carry out.
Imagine that.
Still, Team Bush pretty much killed off due process as a concept anyway (or at least whatever due process was left over from the drug wars), so this really should come as a surprise to no one.
Better get a lawyer son,
This is dF
