You Have the Right to an Attorney… FAIL!

By BitcoDavid

Constitutional Amendments 101 (Photo credit: Village Square)

Back in 1963, the SCOTUS ruled that you have a right to an attorney regardless of your ability to pay for one. The ruling was unanimous – one of the few unanimous rulings in the history of the Court. That’s how important the Justices viewed this particular Constitutional right. A half a century later, judges, lawyers, advocates and poverty level inmates all agree, that right is seldom secured.

Any courtroom activity other than a felony is exempt from the ruling, so poor people often go into court for Civil proceedings, such as lawsuits, evictions, family and custody disputes, and small claims cases, without the protection of legal counsel. The results can be disastrous. Cases exist, of abusive parents being granted custody, the elderly being evicted from rent-controlled apartments and individuals being dragged into court by large corporations for billing disputes.

hi, you are my public defender for a shoplifting case (Photo credit: ellesmelle)

During the recent bank foreclosure debacle, many families lost their homes when they shouldn’t have, due to the fact that they couldn’t afford representation. Your bank is attempting a fraudulent and illegal foreclosure, and they get away with it because they have huge legal staffs, but you’re eating cat food and can’t afford a lawyer.

The government created and funds an organization, the Legal Services Corporation.

They exist to provide legal services to people below the poverty line, in civil litigation. According to them, some 60 million Americans qualify for their services, but 80% of them never actually make use of the service. American trial judges were surveyed, and they – overwhelmingly – stated that they are seeing more and more cases of individuals acting as their own attorneys. These people are shooting themselves in the foot when it comes to courtroom procedures. They don’t understand how to present evidence, how to interview witnesses or how to submit documents. The machine rolls over them like an army tank, and they don’t have a clue as to what to do about it.

Percent and number below the poverty threshold for the United States (Photo credit: Wikipedia)

Even in felony cases, the poor can suffer from a lack of representation. For example, a court appointed attorney – public defender – isn’t assigned until your case actually goes to trial. You don’t get even that paltry defense during the arraignment. Bail gets set, and you don’t have anybody to step up and ask the court to waive bail. You go to jail where you sit and wait – sometimes months – for a trial.

In this age of wrongful convictions, hyper-punishment, the school to prison pipeline and the creation of huge and powerless criminal class, it is essential that we do all we can to insure that everyone receives all the Constitutional protections due them, regardless of race, creed or net worth.

To learn more, check out these 2 links from the New York Times.

Right to Lawyer Can Be Empty Promise for Poor, and Needed in New York: Better Legal Defense for the Poor

 

BitcoDavid is a blogger and a blog site consultant. In former lives, he was an audio engineer, a videographer, a teacher – even a cab driver. He is an avid health and fitness enthusiast and a Pro/Am boxer. He has spent years working with diet and exercise to combat obesity and obesity related illness.

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When Will They Ever Learn…

By Jean F. Andrews

As The Crackerhead Crumbles

In their popular 1960’s folk song, Peter, Paul and Mary sing the ballad, “Where Have All the Flowers Gone.” In the ballad, is the echoing refrain, “When Will They Ever Learn,” that points a firm finger at a society engaged in the Viet Nam War, wondering sadly, Where have all the flowers, soldiers and graveyards gone?  This sweet refrain, can also be applied to the many police departments across the country in Florida, Texas, North Carolina and Colorado who repeatedly refuse to give deaf suspects and inmates sign language interpreters during questioning as well as during important events during the arrest and jail intake, processing, orientation and during needed educational and rehabilitation services. Consequently, across the country, police departments have repeated lost legal cases and have had to pay hefty settlements costing the tax payers hundreds of thousands of dollars.

Mary Travers’ obituary page. Examiner.com

There is an easy solution.

Simply make it the police department policy to do the following as recommended by the Department of Justice.

A police officer, upon discovering an individual is deaf, by law, must offer the individual an opportunity to request a sign language interpreter. One way the officer may do so is by providing the deaf individual with a visual representation (illustrated below) allowing the deaf individual to make a choice. It depicts the ADA recognized symbol for sign language and includes two hands signing “yes” and “no”. The deaf individual can select “yes” or “no” by pointing to, circling, or signing the choice.

Deaf individuals too would be wise to copy this visual and keep in their wallet in the event they are stopped by a policeman.

 

 

Jean F. Andrews is a Reading Specialist and Professor of Deaf Studies/Deaf Education at Lamar University.

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