2009.04.30
No small matters of justice
Sunday, we'll editorialize on a report released this week by the National Association of Criminal Defense Lawyers highlighting flagrant violations of defendants' constitutional rights to an adquate defense in misdemeanor courts across the land. "Minor crimes, massive waste" cites as a major contributing factor the country's overcriminalization of nonviolent, petty offenses. Cash-strapped states looking to root out waste and abuse as they trim budgets should look at the impact of misdemeanor laws on the courts, not to mention on the basic concept of "innocent until proven guilty."
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More proof, if it was needed, that the slippery slope of "the ends justify the means" governance, 'the little people don't matter' governance, 'the rules don't matter' governance that we live with everyday. There is no small matter of justice to the person who has justice denied, misapplied or perverted. We have to get our social conscience back and realize the damage done. Our divisive, unfair, money driven tactics are creating a caste system in America that is flatly unAmerican.
Comment by Sandi Saunders — April 30, 2009 @ 12:40 pm
Didn't you already run a similar editorial a few months ago?
Make sure you include what happened to Senator Stevens in your editorial. I am sure alot of dough was spent on that prosecutorial misconduct.
Comment by BobH — April 30, 2009 @ 12:45 pm
I perused the report briefly at lunch. So as I read it, criminal defense lawyers believe people should not be able to plead guilty, more people should use attorneys, no one should be able to choose not have an attorney unless they already have an attorney and, wait for it, lawyers should be paid more.
I'm shocked, I say, shocked to find that gambling is going on in here! (paraphrased from 'Casablanca as I know how Dan hates unattributed quotes)
Comment by C Ramsey — April 30, 2009 @ 2:05 pm
C Ramsey,
That is a good one! One of my favorite quotes too (along with "you can't handle the truth"-Nathan Jessup).
I always wonder about some of these other pleas. Like the Alford plea. Where is it in the constitution that one can make that plea? Did some judge somewhere allow it and now it has become law without being legislated?
But, lawywers suggesting what you pointed out, that's like giving Colonel Saunders the key to the henhouse.
Comment by BobH — April 30, 2009 @ 2:13 pm
I admittedly have not read the report just yet, but wanted to say that I not once have I ever believed that our system operates on an "innocent until proven guilty" system.
Comment by HCS — April 30, 2009 @ 4:18 pm
A report from Civil Defense Lawyers about the need for more of them...hmmm.... That's kind of like the NRA saying we don't need more gun laws...
Comment by Danny — May 1, 2009 @ 9:11 am