[Vision2020] Public Defenders Office

Melynda Huskey mghuskey@msn.com
Fri, 30 Jan 2004 10:16:58 -0800


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You know, sometimes innocent people require the services of a public 
defender.  Check out the Justice Project to see what the consequences of 
lackadaisical public defense are:

www.justiceproject.org

Professor James Liebman, of Columbia University Law School, reviewed capital 
cases in the U.S. in his
A Broken System: Error Rates in Capital Cases, 1973-1995, and found massive 
error in every aspect of the process:

"The most common errors—prompting a majority of reversals at the state 
post-conviction stage—are (1) egregiously incompetent defense lawyers who 
didn’t even look for—and demonstrably missed—important evidence that the 
defendant was innocent or did not deserve to die; and (2) police or
prosecutors who did discover that kind of evidence but suppressed it, again 
keeping it
from the jury." (The entire report can be found at the Justice Project 
website.)

Capital cases are the most serious, and rarest, of cases a public defender 
handles.  What is the error/carelessness/don't-give-a-damn rate for ordinary 
cases involving poor, uneducated, or otherwise disenfranchised clients?

If you were falsely accused,  would you want a public defender who advised 
you that you should make a deal to save trouble, or one who would fight it 
out for you?   I don't want a public defender to be pals with the police or 
the prosecutor; a civil and professional relationship, by all means, but 
it's the clients who suffer when the network gets too cozy.

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From: "Sunil Ramalingam" <sunilramalingam@hotmail.com>
To: bubbajones9763@hotmail.com, vision2020@moscow.com
Subject: Re:[Vision2020] Public Defenders Office
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Date: Fri, 30 Jan 2004 09:43:30 -0800
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<html><div style='background-color:'><P>OK, I'll bite.<BR><BR></P>
<DIV class=RTE>
<P>Bubba wrote:</P>
<P>"Correct me if I'm wrong, and I know you will, but I don't think it's the job of the public defender to help set guilty people free.&nbsp;&nbsp; Isn't it rather his job to make sure the state has a case, can prove its case and has not violated any of the defendant's rights?"</P>
<P>I think it's the job of all attorneys to try to win the case, if they can.&nbsp; (Your term 'help set guilty people free'&nbsp;does not necessarily apply, since a&nbsp;client who is factually guilty may not have been incarcerated at all, and may never be if we can win the case.)&nbsp;&nbsp; </P>
<P>"What people don't seem to remember is that the person accused of the crime knows whether he/she did it or not.&nbsp;&nbsp;If the accused actually did the crime Isn't it in his best interest to try and get a lesser sentence by making a deal with the prosecutor?"</P>
<P>You're talking about Plan Z here.&nbsp; Sure, if we can't win we try to make the best deal.&nbsp; But first we need to see if we can win.&nbsp;&nbsp;If the admissible evidence is such that we don't think we can win, then&nbsp;it's usually in the client's best interest to &nbsp;try to get the best sentence possible.&nbsp;</P>
<P>Just my view,</P>
<P>Sunil<BR></P>
<P>&nbsp;</P></DIV>
<DIV></DIV>
<DIV></DIV></div><br clear=all><hr> <a href="http://g.msn.com/8HMAENUS/2746??PS=">Check out the coupons and bargains on MSN Offers! </a> </html>

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