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OfflineSeussA
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US criminal court reform idea
    #7396163 - 09/11/07 12:43 PM (16 years, 4 months ago)

I haven't completely thought this through, but thought I would toss it out and see what others think...

This would apply to criminal court cases only, not civil cases. Basic idea is to combine the prosecuting/district attorneys and public defenders into a single group. A simple rotation would assign the next case to the next two available attorneys, one on defense one on prosecution. They would get identical budgets and resources for the case. Private lawyers would not be allowed, even for people that can afford them. The prosecutor on one case will be the defense lawyer on the next, and so on.

(You could always hire private lawyers to work on the case (as a defendant), but they would not be allowed to represent you. Again, criminal cases only.)

So what did I forget to take into account that will ruin this system?


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OfflineBrAiN
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Re: US criminal court reform idea [Re: Seuss]
    #7396343 - 09/11/07 01:15 PM (16 years, 4 months ago)

People would bitch and whine about getting stuck with a crappy attorney and saying they should have the right to chose who should represent them.

In theory sounds good... if everyone lawyer is at the same skill level.


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OfflineSneezingPenis
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Re: US criminal court reform idea [Re: BrAiN]
    #7396363 - 09/11/07 01:18 PM (16 years, 4 months ago)

since almost everyone in the house and the senate is a lawyer, I doubt that would ever happen.


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OfflineSeussA
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Re: US criminal court reform idea [Re: SneezingPenis]
    #7396443 - 09/11/07 01:36 PM (16 years, 4 months ago)

> since almost everyone in the house and the senate is a lawyer, I doubt that would ever happen.

That is a given... I'm looking at this from a theoretical side. A mind experiment.

> if everyone lawyer is at the same skill level.

Hmm. I hadn't thought of that. Would probably have to pair new people (young lawyers) up with senior lawyers, etc. However, over the long run, it should average out to equal representation (not much comfort to the guy that gets screwed).


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Invisiblejohnm214
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Re: US criminal court reform idea [Re: Seuss]
    #7396715 - 09/11/07 02:40 PM (16 years, 4 months ago)

Well you have a first amendment right to access the courts, as well as to express your views. I would think if the first amendment's freedom of speech applies to monetary donations to political candidates, it should certainly apply to paying your own mouthpiece in court (when you've not yet been convicted).

Also, the courts have ruled you have a limited right to choose your own attorney under the sixth amendment.

Besides, if the budgets were required to be balanced, what would stop the state from simply allocating more money to police and other investigatory agencies to do the prosecutorial legwork for them, so the same advantages apply?

I can also see the rational for assuming the state needs more resources to investigate an incident (starting from scratch) than a defendant does to simply defend a known case.


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