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madamesilverspurs Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-04-10 10:00 PM
Original message
Mirandize patients?
From a conversation this afternoon:

People suspected of crimes are told, "If you cannot afford an attorney, one will be appointed to you." Why can't we appoint doctors to those 'suspected' of being sick?

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paulsby Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-04-10 10:07 PM
Response to Original message
1. well, from a constitutional basis
there is a constitutional right to due process, which is where the right to have an attorney appointed w.o cost essentially comes from (see: gideon vs. wainright) or read the book "gideon's trumpet"

there is no right to health in the constitution.

you certainly COULD appoint dr's to those who were sick

it's just not constitutionally mandated, as attorneys are (at least per judicial review via gideon v wainwright)
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customerserviceguy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-04-10 10:41 PM
Response to Reply #1
2. And there's a good reason for that
If you are suspected of committing a crime, the government may legally interfere with your rights to life, liberty, and the pursuit of happiness.

Disease and injury are not necessarily caused by the government.
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vadawg Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-04-10 10:44 PM
Response to Reply #1
3. and lets be honest mate, can you imagine the standard of the court appointed doctor
might be better to represent yourself in that case... how are you doing okay i hope, ive had a messy night, real bad attempted suicide...
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madamesilverspurs Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-04-10 10:55 PM
Response to Original message
4. I don't think constitutionality is the point.
I understood the remark to be asking why the government can provide lawyers but not doctors.

Anyway.

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