3 ms·

> Guess we'd better scrap that whole "right to an attorney" portion of due process, then. "You have the right to have an attorney. If you cannot afford one, on

> Guess we'd better scrap that whole "right to an attorney" portion of due process, then. "You have the right to have an attorney. If you cannot afford one, one will be appointed to you by the court." is the language intended to be used in the Miranda warning; and it is not so much that you have a right to an attorney, but that your right to a speedy and public trial (...and to have the Assistance of Counsel for [your] defence) combines with the state's mandate to prosecute your case to produce a mandate to provide you an attorney. The "right to an attorney" is a colloquialism for referring to the state's obligation to fulfill the requirements of a constitutional trial if they want to try at all, which in practice either means the state hires public defenders, or the state can not try you (though this wasn't done in practice until it was interpreted this way in court). There are other legal colloquialisms such as "jury nullification", which is an emergent behaviour rather than an explicit one.

microcolonel 8y ago
Note: For many, despite the state's obligations, public defenders are more theoretical than real. Many public defender's offices are overbooked to two, three, or sometimes ten or more times the state's own recommendations, and have too little time to read the basic content of a case, let alone mount a defense. I'd urge everyone, before getting too deep into the next public works craze; be it safe injection sites, two-million dollar park washrooms, subsidized parades or festivals, or the installation of overpriced (but cute) streetcars where buses would be more efficient; consider trying to get your local public defenders office up to at least your state's own minimum recommended standards, and maybe remove application fees (it is altogether quite bizarre that one must pay to apply to use a service intended for people who are unable to pay for a defense, and leads to some incredibly heartbreaking stories). Or alternatively, you could see about your local legal aid society.

microcolonel 8y ago

Note: For many, despite the state's obligations, public defenders are more theoretical than real. Many public defender's offices are overbooked to two, three, or sometimes ten or more times the state's own recommendations, and have too little time to read the basic content of a case, let alone mount a defense. I'd urge everyone, before getting too deep into the next public works craze; be it safe injection sites, two-million dollar park washrooms, subsidized parades or festivals, or the installation of overpriced (but cute) streetcars where buses would be more efficient; consider trying to get your local public defenders office up to at least your state's own minimum recommended standards, and maybe remove application fees (it is altogether quite bizarre that one must pay to apply to use a service intended for people who are unable to pay for a defense, and leads to some incredibly heartbreaking stories). Or alternatively, you could see about your local legal aid society.