Right to Lawyer Can Be Empty Promise for Poor

[Kire]

Fifty years ago, on March 18, 1963, the Supreme Court unanimously ruled in Gideon v. Wainwright that those accused of a crime have a constitutional right to a lawyer whether or not they can afford one. But as legal officials observe the anniversary of what is widely considered one of the most significant judicial declarations of equality under law, many say that the promise inherent in the Gideon ruling remains unfulfilled because so many legal needs still go unmet.

More: http://www.nytimes.com/2013/03/16/us/16gideon.html?_r=2.UUalEEwjx0h.reddit

[Myrina]

1. I have never understood that ...

.... as an undergrad I interned at my local prosecutor's office and it really bummed me out to realize that Public Defenders for the most part are there to 'strike a deal' rather than to 'vigorously defend' their clients.

Granted, alot of the folks that passed thru the doors were lifelong small time crooks, but to automatically assume they did whatever the latest thing they're accused of is & just tack additional time and restrictions on them (ultimately limiting their life chances & increasing their likelihood of repeat crimes in the name of survival) didn't seem fair to me.

If you're supposed to get a defender, that defender should really intend to defend you.

[elleng]

2. True, and many would be charged with failure to do their legal duty,

but of course most defendants wouldn't be aware or able to bring such charges.

http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3080&context=mlr&sei-redir=1&referer=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3Deffective%2520assistance%2520of%2520counsel%2520%2520by%2520goldstein%2520illinois%2520%2520bar%2520journal%26source%3Dweb%26cd%3D2%26ved%3D0CDQQFjAB%26url%3Dhttp%253A%252F%252Fdigitalcommons.law.umaryland.edu%252Fcgi%252Fviewcontent.cgi%253Farticle%253D3080%2526context%253Dmlr%26ei%3DIWlHUZHnFOvi4AOtv4DgCA%26usg%3DAFQjCNFKGscvqxSCd3uzbLk_liC0H-YbNg#search=%22effective%20assistance%20counsel%20by%20goldstein%20illinois%20bar%20journal%22

[Solly Mack]

3. K&R