this post was submitted on 05 Jul 2023
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politics

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27
Mississippi Says Poor Defendants Must Always Have a Lawyer. Few Courts Are Ready to Deliver (www.themarshallproject.org)
submitted 1 year ago by [email protected] to c/[email protected]
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[–] [email protected] 4 points 1 year ago (2 children)

Yeah, the Miranda Rights flow pretty directly from the rights given in the Constitution, there are very few (basically none) steps between the two. There's very little wiggling out of them in any way.

If we do not honor your right to have an attorney and if you cannot afford one then one will be provided to you, then we fundamentally betray ourselves. Though it doesn't say anywhere those attorneys need to have reasonable workloads and compensation.

Hence why I've always felt public defender is one of the most noble professions a person can pursue. Can't even imagine the emotional toll such a job takes out of your ass.

[–] [email protected] 5 points 1 year ago (1 children)

If they can’t provide enough defense representation for their defendants, then it sounds like the State Prosecutors should be dropping more cases.

Not every minor drug infraction requires a prosecutor to push for a plea deal. Let it go and focus on the big stuff if there aren’t enough lawyers to go around.

[–] [email protected] 3 points 1 year ago

Our private prisons complicate this. They can provide local political pressure, as they are large and create many jobs.

[–] [email protected] 2 points 1 year ago

Miranda (from the case Miranda v. Arizona) is protecting the fifth amendment protection from self incrimination ("You have the right to remain silent"). The right to "assistance of counsel" is in the sixth amendment, and Gideon v. Wainwright established that that means the state must provide public defenders to the indigent.

Another fun fact, the Gideon case only provided for public defenders in felony cases, and a later case, Argersinger v. Hamlin, extended this to any case that could result in actual jail time.