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According to the U.S. Constitution, every criminal defendant, rich or poor, gets [a lawyer]... And if public defenders aren't available, private attorneys must be hired, at rates costing at least twice as much and often more.
Sure, it's simple enough to trim this year's budget by cutting some public defenders... but only if you want expenses to balloon during the next budget cycle. Aside from the fact that private lawyers tend to be more expensive than government staff attorneys, dumping too many cases on the remaining PDs opens the door to "ineffective assistance of counsel" lawsuits.
Sure, it's simple enough to trim this year's budget by cutting some public defenders... but only if you want expenses to balloon during the next budget cycle. Aside from the fact that private lawyers tend to be more expensive than government staff attorneys, dumping too many cases on the remaining PDs opens the door to "ineffective assistance of counsel" lawsuits.
They are laying off prosecutor's like crazy too. I think it's going to be just as bad on that side, and you can look at it from another point of view: A lot of real crooks are going to get some sweet-a$$ed deals they shouldn't because there isn't enough money to prosecute and house them. Either way, it's lose-lose.
A lot of people don't realize that the great majority of charges are settled through plea deals before trial. If even a moderately-increased number of criminal defendants insisted on going to trial, the system would collapse.
Sure, it's simple enough to trim this year's budget by cutting some public defenders... but only if you want expenses to balloon during the next budget cycle. Aside from the fact that private lawyers tend to be more expensive than government staff attorneys, dumping too many cases on the remaining PDs opens the door to "ineffective assistance of counsel" lawsuits.
I dont think you get "ineffective assistance of counsel" lawsuits, you can ask for an appeal based upon this, but that is rarely given unless the lawyer representing you completely messed up and was totally incompetent.
I dont think I've ever heard of a "lawsuit" based upon these grounds, not saying they dont exist, just never heard of one. Lawsuits are for money damages, something not part of a criminal process. I'm assuming you meant appeal..
Well, let's say you get convicted on a criminal charge. But you find out your public defender was massively overburdened, to the extent that you might have an IAC claim under Strickland v. Washington.
That's a risk states run when they cut too far into the bone when it comes to public defenders. Overworked PDs make more mistakes.
The criminal justice side of things should not be cut by any means. With crime going up, why on Earth would you even consider it? How about cutting out some of the six-figure salaries for school board employees, scale back promotions, stop spending so damn much money on things that a city or state doesn't need? I see the court system as an absolute necessity right along water/sewer, police, and fire departments.
There has to be other ways to cut costs. Everyone knows there are plenty of ways. Its just that the politicians don't want to acknowledge them.
Well, let's say you get convicted on a criminal charge. But you find out your public defender was massively overburdened, to the extent that you might have an IAC claim under Strickland v. Washington.
That's a risk states run when they cut too far into the bone when it comes to public defenders. Overworked PDs make more mistakes.
Strickland V. Washington was over the right to appeal ones guilty verdict based upon incompetent representation, a lawsuit, is a claim for monetary damages. You could have the worse lawyer in the world and still not be entitled to money damages, just a new trial, provided your able to prove their incompetence..
Dont get me wrong, I'm not disagreeing with you on the thread, I just disagree with the terminology used "lawsuit"..
You might be right about the specific terminology, unless an appeal could be considered a type of lawsuit in equity or something similar.
Another problem with cutting back on PD departments at this point in time in particular is the fact that requests for court-appointed counsel have been rising as the economy sank. If anything, the PD corps in many places should have been expanded. As noted in the article, this can save money over time.
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