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OwlFancier
Aug 22, 2013

Really not improving my view of lawyers when you invoke racism and antisemitism to defend a rich rapist tbqh.

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twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things
Ideally lawyers would choose to make moral choices independently of consequences to those choices, and there would never present a need to judge their choices, but absent lawyers behaving morally it seems important to be able to say "This lawyer made an immoral choice".

Owlofcreamcheese
May 22, 2005
Probation
Can't post for 9 years!
Buglord

OwlFancier posted:

Really not improving my view of lawyers when you invoke racism and antisemitism to defend a rich rapist tbqh.

Sadly, we have no idea how to see in your heart so we really can't know if it'd turn out your gut declares more jews horrible monsters or not. Which is the flaw in this "trust me, I'd only declare the right people horrible monsters" system you are cooking up.

(USER WAS PUT ON PROBATION FOR THIS POST)

OwlFancier
Aug 22, 2013

Owlofcreamcheese posted:

Sadly, we have no idea how to see in your heart so we really can't know if it'd turn out your gut declares more jews horrible monsters or not. Which is the flaw in this "trust me, I'd only declare the right people horrible monsters" system you are cooking up.

Hmm yes you can't imagine how my "wow I really loving hate rich people cos they are part of this two tiered society that fucks up the majority of people in the world" schtick might identify assholes.

Clearly I've been doing it by throwing darts at a board up to now.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Owlofcreamcheese posted:

Sadly, we have no idea how to see in your heart so we really can't know if it'd turn out your gut declares more jews horrible monsters or not. Which is the flaw in this "trust me, I'd only declare the right people horrible monsters" system you are cooking up.
Like even if Owlfancier is definitely super racist (which I'm not saying is true) even super racists can be evaluated as correct or incorrect (broken clocks and all). Again, I don't think this is the correct thread to litigate whether Weinstein is a horrible monster, but if you want to defend Weinstein that is a thing you can do instead of just giving up and declaring moral judgment impossible.

Unoriginal Name
Aug 1, 2006

by sebmojo

Dead Reckoning posted:

To catch you up, the response is "Aha, but the poor are given the choice of an assigned defender or nothing, so why should the rich be allowed to pay for their choice of lawyer? If being assigned a PD is not a violation of the right to choose your own counsel, why can we not force the wealthy to make the same choice?"


You can't switch back and forth between "people have a legal right to counsel" and "I have a moral right to do whatever I want to try to negate that right because I'm not the government."

making moral judgements doesnt negate the right to a public defender you stupid bastard

200 new posts because you dense fucks cant separate morality and right to counsel

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things
This entire thread:
Me: "People shouldn't voluntarily support monsters"
"What if a lack of support results in degraded legal representation"
Me: "It won't because court appointed defenders will represent anyone not able to obtain representation on their own"
"Are you saying public defenders are bad and so you want monsters to have inadequate representation?"
Me: "No, I'm not saying that and I have never said that"
"What if I just continuously falsely claim you did say that!?"
Me: "please stop"

twodot fucked around with this message at 03:11 on Jun 14, 2019

DOCTOR ZIMBARDO
May 8, 2006
you keep saying that if you treat defense attorneys like christians treat abortionists that it will somehow dismantle patriarchy. i have too much respect for the human species to think that any member of it could be that stupid, so the only explanation is you're a fascist arguing in bad faith to try to rehabilitate the systematically racist and unjust criminal justice system by finding some way to blame its shortcomings on defense attorneys

this is directly in the face of everyone with personal or professional experience with that system patiently explaining to you why you are full of poo poo

DOCTOR ZIMBARDO fucked around with this message at 03:15 on Jun 14, 2019

Unoriginal Name
Aug 1, 2006

by sebmojo

DOCTOR ZIMBARDO posted:

you keep saying that if you treat defense attorneys like christians treat abortionists that it will somehow dismantle patriarchy. i have too much respect for the human species to think that any member of it could be that stupid, so the only explanation is you're a fascist arguing in bad faith to try to rehabilitate the systematically racist and unjust criminal justice system by finding some way to blame its shortcomings on defense attorneys

solving racism via profit motive: a real thought you are having

OwlFancier
Aug 22, 2013

"The ability of wealth to buy immunity from legal consequences is a big part of why the criminal justice system is unfair and unequal."

"WHY DO YOU HATE HARD WORKING DEFENSE LAWYERS?????"

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

twodot posted:


Me: "It won't because court appointed defenders will represent anyone not able to obtain representation on their own"


The "private criminal defense attorneys are bad" argument would have a lot more weight if people didn't keep making basic factual errors over and over again

(court appointed defenders cannot represent people who have money, we've been over this, and no, no judge is going to appoint someone to represent a theoretical universally rejected client because that doesn't happen and the judge would't believe it if it did).

I mean criminal defense attorneys might in fact be bad people but it's an independent variable from whether or not they represent other bad people who are criminals

VitalSigns
Sep 3, 2011

DOCTOR ZIMBARDO posted:

you keep saying that if you treat defense attorneys like christians treat abortionists that it will somehow dismantle patriarchy.
I might just be biased because I agree with him, but I am like 99% sure that twodot has not argued this

DOCTOR ZIMBARDO posted:

this is directly in the face of everyone with personal or professional experience with that system patiently explaining to you why you are full of poo poo

Hot Dog Day #91 posted:

Here is the real truth: the justice system only benefits the rich and powerful. Source: I'm a lawyer for the poor, formerly, and for the rich and powerful, currently.

Hot Dog Day #91 posted:

Oh wait the original question was should we judge lawyers for their clients? Yes, except for public defenders.

OwlFancier
Aug 22, 2013

Hieronymous Alloy posted:

The "private criminal defense attorneys are bad" argument would have a lot more weight if people didn't keep making basic factual errors over and over again

(court appointed defenders cannot represent people who have money, we've been over this, and no, no judge is going to appoint someone to represent a theoretical universally rejected client because that doesn't happen and the judge would't believe it if it did).

I mean criminal defense attorneys might in fact be bad people but it's an independent variable from whether or not they represent other bad people who are criminals

If only someone had suggested that this should be changed.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Hieronymous Alloy posted:

The "private criminal defense attorneys are bad" argument would have a lot more weight if people didn't keep making basic factual errors over and over again

(court appointed defenders cannot represent people who have money, we've been over this, and no, no judge is going to appoint someone to represent a theoretical universally rejected client because that doesn't happen and the judge would't believe it if it did).

I mean criminal defense attorneys might in fact be bad people but it's an independent variable from whether or not they represent other bad people who are criminals
Like I'm willing to believe either:
1) Lawyers don't give a poo poo about morality, and any client with the wealth to hire a lawyer will always find representation so judging lawyers for their clients never matters
or
2) Lawyers could theoretically give a poo poo about morality, and there could exist clients no lawyer would represent, and in that situation courts (or the bar) would appoint a lawyer, so judging lawyers does not reduce clients' access to representation
But the idea that a person could be denied a lawyer via social opinion and a judge wouldn't be able to recognize that situation is thoroughly absurd
edit:
You are arguing against the wrong stage:
"What if a lack of support results in degraded legal representation"
is the actual stage you disagree with, which is fine, but go fight those people, because I am not making that argument.

twodot fucked around with this message at 03:29 on Jun 14, 2019

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

OwlFancier posted:

"The ability of wealth to buy immunity from legal consequences is a big part of why the criminal justice system is unfair and unequal."


Your objection is against capitalism, not against the legal system. Or, as was said above,


Nevvy Z posted:


There's no ethical consumption of legal services under capitalism.

it's basically this. We could theoretically nationalize the defense bar industry, sure, but even then - as was discussed above -- there would be a hundred other inequalities deriving from wealth that even nationalizing the defense bar wouldn't fix.

Like, even if each individual criminal is somehow represented by the same cloned perfect attorney, even then

Some defendants are going to show up in court in better suits
Some defendants are going to be white
Some defendants are going to speak with fancier accents
Some defendants are going to have gone to the same schools as the judge

So on, so forth. The inequalities in the legal system due to wealth and class and race go waaaaaaaaay beyond private vs. public representation.

OwlFancier
Aug 22, 2013

Hieronymous Alloy posted:

Your objection is against capitalism, not against the legal system. Or, as was said above,


it's basically this. We could theoretically nationalize the defense bar industry, sure, but even then - as was discussed above -- there would be a hundred other inequalities deriving from wealth that even nationalizing the defense bar wouldn't fix.

Like, even if each individual criminal is somehow represented by the same cloned perfect attorney, even then

Some defendants are going to show up in court in better suits
Some defendants are going to be white
Some defendants are going to speak with fancier accents
Some defendants are going to have gone to the same schools as the judge

So on, so forth. The inequalities in the legal system due to wealth and class and race go waaaaaaaaay beyond private vs. public representation.

So let's not do anything because no one thing will fix everything.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

twodot posted:


But the idea that a person could be denied a lawyer via social opinion and a judge wouldn't be able to recognize that situation is thoroughly absurd

Has it ever, ever actually happened?

Like, seriously, I'm unaware of a single case where someone who had money has been shunned out of getting a lawyer. Even Donald Trump has managed to hire multiple lawyers.

Y'all are pulling a lot of arguments out of places where there's no sunlight.

twodot posted:

Like I'm willing to believe either:
1) Lawyers don't give a poo poo about morality, and any client with the wealth to hire a lawyer will always find representation so judging lawyers for their clients never matters
or
2) Lawyers could theoretically give a poo poo about morality, and there could exist clients no lawyer would represent, and in that situation courts (or the bar) would appoint a lawyer, so judging lawyers does not reduce clients' access to representation
But the idea that a person could be denied a lawyer via social opinion and a judge wouldn't be able to recognize that situation is thoroughly absurd


What you're missing is that criminal defense attorneys don't really consider "is my client a lovely person" as part of the math when taking clients. They can't, or they wouldn't ahve any clients. The ethics of being a criminal defense attorney mean you're inherently accepting that you represent lovely people. Anyone who does criminal defense work has made that choice.

You can claim that just means all attorneys who do private criminal defense work are evil, BUT then you're saying that performing a necessary social function is inherently an evil act, which can't hold.

VitalSigns
Sep 3, 2011

If the argument is that a supreme court case ruling that horrible monsters who can't get a lawyer to take their money have a right to a public defender would never happen because it is impossible for a horrible monster to ever be unable to find a lawyer then fine, but in that case you can't also argue that criticizing their lawyer will leave them unable to get representation.

Likewise if the argument is that criticizing a rich guy's lawyer will take away his right to legal representation because then no lawyer will take his money, then you can't also argue that this situation is impossible.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Hieronymous Alloy posted:

Has it ever, ever actually happened?

Like, seriously, I'm unaware of a single case where someone who had money has been shunned out of getting a lawyer. Even Donald Trump has managed to hire multiple lawyers.

Y'all are pulling a lot of arguments out of places where there's no sunlight.
I'm not aware of it happening, but I'm saying there is a solution in place if it were to happen

quote:

What you're missing is that criminal defense attorneys don't really consider "is my client a lovely person" as part of the math when taking clients.
I understand this is true, I'm arguing it is bad.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

VitalSigns posted:

If the argument is that a supreme court case ruling that horrible monsters who can't get a lawyer to take their money have a right to a public defender would never happen because it is impossible for a horrible monster to ever be unable to find a lawyer then fine, but in that case you can't also argue that criticizing their lawyer will leave them unable to get representation.

Likewise if the argument is that criticizing a rich guy's lawyer will take away his right to legal representation because then no lawyer will take his money, then you can't also argue that this situation is impossible.

I'm not really making a "x consequences will happen" argument at all. I doubt any of these instances are generalizable out to general trends and even if they were those trends aren't predictable. I'm not prognosticating any particular result.

My argument is that criticizing attorneys for representing criminal defendants -- no matter how horrible the criminal defendant -- is shunning someone for performing a societally necessary task. It's akin to shunning garbagemen, if garbagemen were well paid.* Nobody likes garbage, just like nobody likes criminals, but somebody has to deal with garbage, and somebody has to represent criminal defendants, so it's not fair to criticize garbagemen just because they pick up garbage or attorneys just because they represent criminals. It's lovely work but somebody has to do it.

* and yes garbagemen should also be better paid

Hieronymous Alloy fucked around with this message at 03:38 on Jun 14, 2019

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

twodot posted:


I understand this is true, I'm arguing it is bad.

If criminal defense attorneys did consider "is my client a lovely person" when taking clients , they wouldn't have any clients. All criminal defense attorney clients are lovely people.

You're asking a garbageman to only pick up the trash that doesn't smell bad.

OwlFancier
Aug 22, 2013

Hieronymous Alloy posted:

If criminal defense attorneys did consider "is my client a lovely person" when taking clients , they wouldn't have any clients. All criminal defense attorney clients are lovely people.

Perhaps some of them are more lovely than others.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Hieronymous Alloy posted:

It's akin to shunning garbagemen, if garbagemen were well paid.
No it is not because Weinstein does not have a personal team of garbage men that specifically chose to work for him. (Or if he does those people are also subject to moral judgment!) The garbage removal service is a public service available to all without needing to negotiate terms with specific clients.
edit:

Hieronymous Alloy posted:

If criminal defense attorneys did consider "is my client a lovely person" when taking clients , they wouldn't have any clients. All criminal defense attorney clients are lovely people.

You're asking a garbageman to only pick up the trash that doesn't smell bad.
Again, if your contention is that we need to eliminate private practice of criminal defense, I don't really disagree.

twodot fucked around with this message at 03:42 on Jun 14, 2019

Doktor Avalanche
Dec 30, 2008

Unoriginal Name posted:

making moral judgements doesnt negate the right to a public defender you stupid bastard

200 new posts because you dense fucks cant separate morality and right to counsel
16 pages of this:
https://www.youtube.com/watch?v=BUaHIFpNMcI

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

twodot posted:


Again, if your contention is that we need to eliminate private practice of criminal defense, I don't really disagree.

That's handwaving though. Nationalizing the private bar isn't going to happen so it's an irrelevancy for discussions of actual current attorneys in the current real world representing real clients now.

Sorry everybody, gotta pause the whole legal system until we immanentize the eschaton

OwlFancier posted:

So let's not do anything because no one thing will fix everything.

My first few in the thread had specific proposals --- primarily

Hieronymous Alloy posted:


In an ideal world we wouldn't have "punishment" as such at all. Just mandated therapy to ameliorate the behavior, or sanctions to prevent behavior recurrence (i.e. "this person cannot hold a position of authority until they have successfully completed anger management treatment" etc.)

If we're waving our magic socialism wands and enacting large scale reforms, then shifting away from a punitive justice model entirely is probably just as achievable as nationalizing the defense bar, and would do more good.

Hieronymous Alloy fucked around with this message at 03:54 on Jun 14, 2019

Hot Dog Day #91
Jun 19, 2003

VitalSigns posted:

I might just be biased because I agree with him, but I am like 99% sure that twodot has not argued this

I literally don't know if I was just owned or not but I stand by my position.

Unoriginal Name
Aug 1, 2006

by sebmojo

Hieronymous Alloy posted:

That's handwaving though. Nationalizing the private bar isn't going to happen so it's an irrelevancy for discussions of actual current attorneys in the current real world representing real clients now.

Sorry everybody, gotta pause the whole legal system until we immanentize the eschaton


My first few in the thread had specific proposals --- primarily


If we're waving our magic socialism wands and enacting large scale reforms, then shifting away from a punitive justice model entirely is probably just as achievable as nationalizing the defense bar, and would do more good.

Why do you think rich people shouldnt get lawyers??

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Unoriginal Name posted:

Why do you think rich people shouldnt get lawyers??

zuh?I can't figure out how many levels of irony I'm supposed to read that with.

VitalSigns
Sep 3, 2011

Hieronymous Alloy posted:

I'm not really making a "x consequences will happen" argument at all. I doubt any of these instances are generalizable out to general trends and even if they were those trends aren't predictable. I'm not prognosticating any particular result.

My argument is that criticizing attorneys for representing criminal defendants -- no matter how horrible the criminal defendant -- is shunning someone for performing a societally necessary task. It's akin to shunning garbagemen, if garbagemen were well paid.* Nobody likes garbage, just like nobody likes criminals, but somebody has to deal with garbage, and somebody has to represent criminal defendants, so it's not fair to criticize garbagemen just because they pick up garbage or attorneys just because they represent criminals. It's lovely work but somebody has to do it.

* and yes garbagemen should also be better paid

If the public garbage collection system were so dysfunctional that millions of people, disproportionately poor and non-white, were trapped and dying under massive piles of garbage, then yeah I'd be comfortable calling a rich dude who is getting richer off this situation by running a private garbage collection system for wealthy monsters a scumbag, whereas I would be fine with people who work for the public collection system even if they were required to service the same wealthy monster.

Unoriginal Name
Aug 1, 2006

by sebmojo

Hieronymous Alloy posted:

zuh?I can't figure out how many levels of irony I'm supposed to read that with.

Just the usual. Yours is a good post. Others, not so much

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

VitalSigns posted:

If the public garbage collection system were so dysfunctional that millions of people, disproportionately poor and non-white, were trapped and dying under massive piles of garbage, then yeah I'd be comfortable calling a rich dude who is getting richer off this situation by running a private garbage collection system for wealthy monsters a scumbag, whereas I would be fine with people who work for the public collection system even if they were required to service the same wealthy monster.

In either case, the dysfunction would not be the fault of the individual garbagemen, but of the monsters who designed the system. For that reason, shunning individual garbagemen, whoever they worked for, would be boneheaded. The answer to such a problem is not at the individual level; it's re-design of the system.

The answer to the problems in our legal system will not come from shunning individual defense attorneys. It will only come from systemic reforms. Given the scale of the problem a big part of that reform, the first biggest part, must be getting a hell of a lot of people extricated from the whole legal system in its entirety before they ever get to the crisis point of needing a lawyer at all.

That's a real solution. Shunning a defense attorney isn't, it's just scapegoating.

VitalSigns
Sep 3, 2011

I disagree I think millionaires who profit off a broken system are one of the things stopping that system from being changed, but in any case it's still bad behavior and I will still judge people for doing bad things even if you proved that my judgment alone will have no effect

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound
i actually went and checked and it looks like LA has, in fact, privatized its garbage collection

https://www.waredisposal.com/city-of-los-angeles-recycla/

Are y'all really holding the position that it would be immoral for a privately employed garbageman to pick up Weinstein's trash?

What about a doctor? If he has a heart attack, should a private physician refuse to treat him?

I'm wondering how far this shunning doctrine extends

OwlFancier
Aug 22, 2013

Physician is a good comparison really because yeah doctors getting filthy rich off sustaining digusting parasites while everyone else gets hosed is quite objectionable. And in fact collective action on the part of the medical profession to refuse to treat the wealthy would be a very good impetus to provide a universal alternative. I believe in duty of care, but in the context of a system where everyone has access to said care. Because otherwise it's not duty of care, it's duty of care (for people rich enough to pay me)

OwlFancier fucked around with this message at 04:30 on Jun 14, 2019

Hot Dog Day #91
Jun 19, 2003

Vs please tell me if you quoted me to own me.

VitalSigns
Sep 3, 2011

No, I am fine with the garbage company employee if the circumstances are more like "I need this job to feed my family" and not "I am rich without this gig but I want to be richer." I don't think that's the case for Sullivan though.

I am fine with judging the wealthy owner of the private garbage collection company if he refuses to serve the poor and lets them live in filth but is ok with taking Weinstein's money, but I doubt the contact with the city allows him that discretion.

Sure if a doctor turns away poor people then I think it's fair to judge him on the patients he chooses to take.

Hot Dog Day #91 posted:

Vs please tell me if you quoted me to own me.
I did not

Hot Dog Day #91
Jun 19, 2003

In that case I agree with everything vital signs says. As a 2003 regdate, I suspect my vote counts more heavily.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Hieronymous Alloy posted:

i actually went and checked and it looks like LA has, in fact, privatized its garbage collection

https://www.waredisposal.com/city-of-los-angeles-recycla/

Are y'all really holding the position that it would be immoral for a privately employed garbageman to pick up Weinstein's trash?

What about a doctor? If he has a heart attack, should a private physician refuse to treat him?

I'm wondering how far this shunning doctrine extends
Are the garbage collection people here declining to collect the garbage of the poor, and specifically choosing to create specific contracts with individual rich people? If so it is very possible they are behaving badly!
edit:
If the parallel isn't obvious, is the doctor declining to heal the poor, but accepting specific contracts with individual rich people to heal them? They might also be behaving badly! If there exists a duty to serve, you can't refuse service on the basis that your client can't pay.

twodot fucked around with this message at 05:48 on Jun 14, 2019

Whitlam
Aug 2, 2014

Some goons overreact. Go figure.

VitalSigns posted:

No, I am fine with the garbage company employee if the circumstances are more like "I need this job to feed my family" and not "I am rich without this gig but I want to be richer." I don't think that's the case for Sullivan though.

Do you think all criminal lawyers are wealthy? If I'm a broke rear end baby lawyer with student loans in the hundreds of thousands of dollars, can I take on any case I want? Please reply quickly, this is important.

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Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound
Wait. Should the doctor not treat any wealthy person, or only wealthy people who have done specifically horrible things?

Should J.K. Rowling be denied medical treatment just because she's rich?

twodot posted:

If there exists a duty to serve, you can't refuse service on the basis that your client can't pay.

Again, this doesn't follow, because there's no such thing as a blanket universal infinite duty. If there exists a duty to serve, then it has limitations and bounds, it isn't infinite. One of those bounds might very easily and rationally be "can the client pay for my services so I can keep my business going, pay rent, etc."

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