[Vision2020] The niceties of public defense

Thu, 8 Jan 2004 17:51:44 EST

--part1_1d4.181c66dd.2d2f3900_boundary
Content-Type: text/plain; charset="US-ASCII"
Content-Transfer-Encoding: 7bit

Debbie et. al.

I was speaking of the issue of public defenders, courts and law enforcement 
in general, all over the US.  Here in Latah County I suspect a person needing a 
public defender might get a better defense than someone in many urban areas 
of the US, for a number of reasons.

However, I doubt someone using the local PD could get as good a defense in a 
complex costly case than someone who had unlimited funds at their disposal and 
hires a private law firm.  Even assuming the PD is a motivated genius, they 
simply do not have the time or the resources to give every case before them the 
same kind of effort that an independent private law firm with a blank check 
could give to a case.  

Of course I know there are capable attorneys who work hard pro bono or for 
the limited pay of a public defender.  But let's be real here.  Anyone with 
money facing serious legal trouble is going to hire a top notch private attorney 
and/or law firm and write them a blank check, and most of the best attorneys 
charge big bucks.  Do you think law school graduates are mostly idealists who 
want to work hard for low pay (relative to the big money attorneys can earn) to 
serve the needs of the poor?  

I don't need to spend time in court to understand that there is an 
unacceptable number of innocent people in jail.  We know from the study of cases in 
Illinois or Texas, to name a few examples, that some serious lapses in the legal 
system are allowing people to be sentenced to death with a lack of sufficient 
legal representation.  If this is happening with death penalty cases, we can 
assume it is also happening with numerous other less serious crimes, and right 
here in Idaho.  Remember the man of Latino ethnicity that was framed for rape 
in Latah County and spent months in jail till his accuser recanted?  And what 
sort of legal representation did he have?  A six figure attorney, no doubt, 
with lots of cash for bail.  NOT!

In Texas we had a well known example of a capital case where the defense 
attorney fell asleep during trial proceedings.  Former Governor Ryan of Illinois 
found so many problems with the application of the death penalty in his state 
that he commuted the death sentences of everyone on death row.  I won't give an 
exhaustive list of examples.  Look up the info available from the innocence 
project (a simple google search will get you there) for some insight into 
innocent people sentenced to jail.

Most law enforcement are good people who do as well as they can with a 
difficult job.
But there are some attracted to this job because they like having power over 
people, and do have prejudices and hatreds that they express on the job.  This 
can lead to innocent people being targeted by law enforcement.  Sometimes 
police are under great pressure from a community to catch someone for the 
commission of a crime and become overzealous, violating peoples civil rights, though 
they may believe they are doing the right thing.  Are you going to deny this?  
Or do you agree with the current trends to strip away our civil rights?

Unless you are playing devils advocate to stimulate discussion, it appears 
you misunderstood my thinking on the related issues of public defenders, 
innocence, law enforcement and the courts.

But thanks for your spirited reply.

Ted

--part1_1d4.181c66dd.2d2f3900_boundary
Content-Type: text/html; charset="US-ASCII"
Content-Transfer-Encoding: quoted-printable

<HTML>
 Debbie et. al.
 
 I was speaking of the issue of public defenders, courts and law enforcem=
ent in general, all over the US. &nbsp;Here in Latah County I suspect a pers=
on needing a public defender might get a better defense than someone in many=
 urban areas of the US, for a number of reasons.
 
 However, I doubt someone using the local PD could get as good a defense=20=
in a complex costly case than someone who had unlimited funds at their dispo=
sal and hires a private law firm. &nbsp;Even assuming the PD is a motivated=20=
genius, they simply do not have the time or the resources to give every case=
 before them the same kind of effort that an independent private law firm wi=
th a blank check could give to a case. &nbsp;
 
 Of course I know there are capable attorneys who work hard pro bono or f=
or the limited pay of a public defender. &nbsp;But let's be real here. &nbsp=
;Anyone with money facing serious legal trouble is going to hire a top notch=
 private attorney and/or law firm and write them a blank check, and most of=20=
the best attorneys charge big bucks. &nbsp;Do you think law school graduates=
 are mostly idealists who want to work hard for low pay (relative to the big=
 money attorneys can earn) to serve the needs of the poor? &nbsp;
 
 I don't need to spend time in court to understand that there is an unacc=
eptable number of innocent people in jail. &nbsp;We know from the study of c=
ases in Illinois or Texas, to name a few examples, that some serious lapses=20=
in the legal system are allowing people to be sentenced to death with a lack=
 of sufficient legal representation. &nbsp;If this is happening with death p=
enalty cases, we can assume it is also happening with numerous other less se=
rious crimes, and right here in Idaho. &nbsp;Remember the man of Latino ethn=
icity that was framed for rape in Latah County and spent months in jail till=
 his accuser recanted? &nbsp;And what sort of legal representation did he ha=
ve? &nbsp;A six figure attorney, no doubt, with lots of cash for bail. &nbsp=
;NOT!
 
 In Texas we had a well known example of a capital case where the defense=
 attorney fell asleep during trial proceedings. &nbsp;Former Governor Ryan o=
f Illinois found so many problems with the application of the death penalty=20=
in his state that he commuted the death sentences of everyone on death row.=20=
&nbsp;I won't give an exhaustive list of examples. &nbsp;Look up the info av=
ailable from the innocence project (a simple google search will get you ther=
e) for some insight into innocent people sentenced to jail.
 
 Most law enforcement are good people who do as well as they can with a d=
ifficult job.
 But there are some attracted to this job because they like having power=20=
over people, and do have prejudices and hatreds that they express on the job=
. &nbsp;This can lead to innocent people being targeted by law enforcement.=20=
&nbsp;Sometimes police are under great pressure from a community to catch so=
meone for the commission of a crime and become overzealous, violating people=
s civil rights, though they may believe they are doing the right thing. &nbs=
p;Are you going to deny this? &nbsp;Or do you agree with the current trends=20=
to strip away our civil rights?
 
 Unless you are playing devils advocate to stimulate discussion, it appea=
rs you misunderstood my thinking on the related issues of public defenders,=20=
innocence, law enforcement and the courts.
 
 But thanks for your spirited reply.
 
 Ted</HTML>

--part1_1d4.181c66dd.2d2f3900_boundary--