but can anyone think of why some defendants do not deserve a lawyer?
2007-01-02 07:23:29 · 15 answers · asked by i like turtles 3 in Politics & Government ➔ Law & Ethics
Nope, all people deserve a defense: everyone is Innocent until proven guilty or else we end up with the camps and the gulags.
"I will zealously represent my client within the bounds of the law" - the US Bar Association
2007-01-02 10:30:39 · answer #1 · answered by Anonymous · 1⤊ 0⤋
All criminal defendants are entitled to a lawyer. Even in that group, no matter what the crime, we still want to make sure they get a fair trial. If the evidence is overwhelming, well, it'll be an easy case for the DA to win. Doesn't change the fact that we want the defendant to have a lawyer so there can be no argument that he was found guilty properly and can't get out on appeal.
2007-01-02 07:27:31 · answer #2 · answered by Linkin 7 · 2⤊ 0⤋
Not all defendants are entitled to (free) counsel. The Sixth Amendment right applies only when "actual imprisonment" is a possibility in the case. I.e., if the case is just a fine or forfeiture, you don't have a constitutional right to counsel. (Otherwise, you'd be entitled to an attorney for every traffic ticket, and it would not be worth it for any government to fine you, as the costs for representation would exceed the fine.) There are some times where you might have a "statutory" right to counsel, that is, where the legislature has determined that the person should have counsel, but those are rare and specialized.
The only defendants who do not deserve a lawyer are those who have intentionally disrupted or prolonged the proceedings by hiring, firing, or lying to their lawyers or who have acted as their own counsel and then try to blame "standby" counsel for their failings. If your goal is to create appealable error by manipulating your counsel, you should not have a right to do so.
Otherwise, every defendant, regardles of the heinousness of their crime, should deserve an attorney, because we ahve to ensure that our processes are followed for a fair decision and just sentence. This is ESPECIALLY true when the crimes are particularly heinous, as people are more willing to trample over a defendant's rights to subject them to retribution.
2007-01-02 08:37:03 · answer #3 · answered by Perdendosi 7 · 0⤊ 0⤋
No. All defendants are entitled to a lawyer. The lawyer is upholding the Constitution, not trying to get the defendant off.
Providing rights for everyone, even the most loathsome, is part of what makes us a civilized society.
2007-01-02 07:34:59 · answer #4 · answered by harrisnish 3 · 0⤊ 0⤋
Federal and state laws require all defendants are entitled to a lawyer, and if one cannot afford a lawyer, the court will appoint one. With a judge's permission, one can defend one's self in court. This is not a smart thing to do.
2007-01-02 07:39:03 · answer #5 · answered by cathy e 3 · 0⤊ 0⤋
No. It's called due process and every single American it entitled to due process. There are never any circumstances when a defendant should not of the right to an attorney and never a reason for a defendant to not deserve an attorney.
2007-01-02 07:29:41 · answer #6 · answered by Starla_C 7 · 1⤊ 0⤋
Everyone charged with a criminal offense has the right to an attorney; but not everyone has the right to have a free attorney supplied by the taxpayers. The U.S. Const. has been held to require that any government charging someone with a criminal act punishable by confinement has the right to a taxpayer funded lawyer at all "critical" stages of a criminal prosecution if s/he cannot afford to pay for one. Thus, if the offense is punishable by, say suspension of a license, the licensee is not entitled to a taxpayer supplied attorney. Some states have broader provisions for supply of counsel.
2007-01-02 08:12:51 · answer #7 · answered by Anonymous · 0⤊ 0⤋
All criminal defendants get a free lawyer if they qualify as indigent. So, not all defendants get a free lawyer. Only those who are charged with a crime and pass the test of indigency.
2007-01-02 07:37:38 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I can think of many who do not deserve legal representation. However it is because I can think this that they have the entitlement.
Rather profound but very true. Legal representation for crimes committed in a democracy is one of the corner stones that supports democracy. So Child Molesters, police killers and rapists get Justice and a fair day in court as a result.
2007-01-02 07:30:30 · answer #9 · answered by Kevin 2 · 1⤊ 0⤋
No. The only argument you could make is because they were guilty, and that's counter to our constitution and the heart of our justice system. Everyone deserves an opportunity to present a defense. Even those who are pro se have access to attorneys and usually have an attorney appointed to oversee their case.
2007-01-02 07:32:15 · answer #10 · answered by Angry Daisy 4 · 0⤊ 0⤋