Public Defenders Now Coming With a Cost

Remember the Miranda Rights (Miranda v. Arizona, 384 U.S. 436 (1966))? Here's a refresher, just in case:

• You have the right to remain silent and refuse to answer questions. Do you understand?
  
• Anything you do say may be used against you in a court of law. Do you understand?
  
• You have the right to consult an attorney before speaking to
  the police and to have an attorney present during questioning now or in
  the future. Do you understand?
  
• If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?

Despite these guarantees, the state of Minnesota (among others) has seen fit to dispense with such antiquated nonsense and institute a fee for public defenders:

Alvin Hopkins had a choice: agree to a $50 fee for a
court-appointed attorney or defend himself against drunken driving
charges. Hopkins couldn't afford an attorney. Not so long ago, that
wouldn't have been a problem; state law would have directed the court
to provide a public defender. But court-appointed attorneys aren't
routinely free anymore in Minnesota, one of several states that have
decided to levy a variety of court fees in a time of budget difficulty.
Hopkins had to agree to a $50 fee � or represent himself, with a jail
sentence at stake.
While many public defenders condemn the new fees, the state's chief
public defender supports them. The critics cite the Supreme Court's
landmark 1963 Gideon ruling, which said poor defendants have a
constitutional right to an attorney because lawyers are necessities,
not luxuries. Critics say the fees undercut the right to counsel
because indigent clients may choose to take their chances without a
lawyer and risk jail even though they don't know their rights, the law
or court procedures, and might be innocent. "

So we can spend $87,500,000,000 to bring the rule of law to Iraw, but
only if we sacrifice our own right to attorney? That certainly wasn't
in the brochures.
Incidentally, for a little perspective on $87 billion click here.

Posted by flow Frazao on November 14, 2003 at 11:51 PM | Permalink