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There is a point to the study (5.00 / 2) (#3)
by scribe on Mon Jan 08, 2007 at 11:44:22 AM EST
and it's a shot at the existence of public defenders and at their independence.  And, for that matter, at the right to counsel.

Really.

If, on the one hand, it's ecomonically inefficient for the defendants to have PDs, because they get worse deals for their clients when the charges are "minor", then the Rethugs' policy argument is:  "do away with the requirement for PDs in 'minor' cases, because the defendants get a better deal without them.  That "minor case" exception is the one which will swallow the whole.

Similarly, prosecutors (and cops) can tell defendants "you don't really need a lawyer.  Here's this scientific study and it tells you you'll get a better deal with us than you will through that skanky PD.  So, deal with us."

Moreover, if you look at the criminal justice system through the "administrative" rather than "trial" model - a distinction in which "administrative" minimizes the "jury trial" and "beyond a reasonable doubt" requirements and which Prof. Doug Berman over at Sentencing Law and Policy has explored over the years in the contexts of Blakely/Booker, sentencing-for-uncharged/unconvicted-crimes, and elsewhere - why have PD.  Economically, it reduces the system costs (dollars, cents and time) to not have PDs.  

And, let's not forget the distinction in ineffective assistance cases, where denial of the defendant's private counsel of choice results in a new trial, while denial of the defendant's public defender of choice is harmless error at best.  Scalia made a big show talking about wanting the best lawyer money can buy, during recent oral argument in a case on that distinction, but the distinction remains.

And, eliminating PDs would, of course, aid the administration of the Courts by acting as a "laxative on the docket" (h/t Grits for Breakfast, I think, for the phrase).  This surcease would not last long, though, as idle government employees would have their time sucked up by more cases, not fewer.

Of course, this all comes down to the ultimate (what some would call) amorality of economics - it recognizes only costs and profits, and decrees the former must be eliminated and the latter maximized, and now.  If a dollar sign cannot be placed before it, it doesn't count.  And, sadly, one cannot place a dollar sign before liberty and all those other, quaint concepts written in the Constitution and given lip service by the Rethugs.

And, similar to Andy Napolitano, I see a bright future at a right-wing think tank for the Judge sponsoring this survey.  He's just the character they'll want, and he'll be able to get away from all those nasty brown people in his courtroom....

The findings were (none / 0) (#9)
by Edger on Mon Jan 08, 2007 at 02:21:37 PM EST
The average sentence for clients of public defenders was almost three years longer than the average for clients of private lawyers.

Private laywers with self interest (fees) are working harder for their clients that the PD's?

[ Parent ]

Public defenders with overwhelming caseloads (5.00 / 1) (#10)
by scribe on Mon Jan 08, 2007 at 03:38:25 PM EST
are doing the best they can.

And, I don't trust things which might skew the nice, round numbers the survey came up with, like:
(a) counting probation as a "zero" (the same as an acquittal), and
(b) counting a life sentence as 110 years.

Under that calculating basis, and even in a sample of 5,000 or so cases, a five life sentences for indigent defendants will outweigh half a thousand drug convictions with five-years' probation.

The math?

5 life sentences rep'd by PDs @ 110 years incarceration each = 550 years
500 five-year probation rep'd by private attorneys @ zero years incarceration each = zero years

No, this is a hit job on PDs - using junk science - masquerading as something judicially approved.  The more I think about it, the more I opine this judge should be turned in to the ethics authorities for lending the dignity of his office to a scam.

[ Parent ]

Thanks scribe (none / 0) (#11)
by Edger on Mon Jan 08, 2007 at 03:46:25 PM EST
didn't smell right about Hoffman's statement, which is why I phrased that possible interpretation as a question - and I hope other people who read it won't interpret it that way, but I'm afraid that many might...

[ Parent ]
correction (none / 0) (#12)
by Edger on Mon Jan 08, 2007 at 03:47:08 PM EST
something didn't smell right

[ Parent ]

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