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A Buttery Pastry
Sep 4, 2011

Delicious and Informative!
:3:

BENGHAZI 2 posted:

Or, we could just make lawyers civil servants instead of having different levels of representation based on wealth
"The government pays if you go free" also seems like the kind of thing that'd have unintended consequences. It's sorta like with healthcare; people will want the most expensive (=and thus presumably best) lawyer because they absolutely do not want to go to jail - and because the lawyer is free if they go free there's nothing stopping them. Except now if you lose you might get saddled with major debt on top of whatever punishment you receive. Like, it basically becomes gambling, with possibly entire families putting their meager possessions on the line in the belief that the aren't actually going to have to pay.

If the lawyers do something nice like waving the fee if they don't win they'll just up the cost to offset it, "greedily sucking up tax payer money while denying the victims justice". It - it doesn't really seem like a program that'd survive long, especially since the rich would benefit far less than everyone else. Yeah, definitely just go for the 'ONLY public defenders for all' option, with major anti-corruption enforcement so rich client don't convince public defenders to spend all their efforts on them while just winging it for the rest. At least that way, the rich have to care that the system is functional, if only because their garbage progeny will definitely need a defense lawyer at some point.

Obviously the next part is dealing with prosecutors (or the prosecution system in general), who people have already pointed out too are at the very least on morally fraught ground. Not sure what the solution is for breaking police-prosecution collusion? Rotating positions? Meaning they're all just public lawyers, who rotate between prosecution and defense? It'd suck for the people who don't want to send people to jail, but it'd help create a divide between cops and prosecutors if the latter was helping "thugs" go free half the time. That's operating within the adversarial system, which as Lightning Knight points out, you don't actually have to.

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