[net.legal] The costs of defense

chris@umcp-cs.UUCP (Chris Torek) (02/28/86)

In article <626@sigma.UUCP> bill@sigma.UUCP (William Swan) writes:
>I would like to question the people above: Have you ever gone out
>and priced Criminal Defense attorneys?? We aren't talking about
>corporate law here, nor about divorce court, we're talking about
>defending ourselves against the State!

Of *course* that is expensive---even *without* a lawyer.  Fortunately,
the majority are not falsely accused of breaking state or federal
laws (as observed by me, at any rate).  Pity those who are....
-- 
In-Real-Life: Chris Torek, Univ of MD Comp Sci Dept (+1 301 454 1415)
UUCP:	seismo!umcp-cs!chris
CSNet:	chris@umcp-cs		ARPA:	chris@mimsy.umd.edu

chris@umcp-cs.UUCP (Chris Torek) (02/28/86)

Sorry about the secondary followup; I was being rushed for time.

If you are `defending yourself from the State', you are (as the
saying goes) `fighting City Hall'.  The State has a *lot* of
resources, and if they are at all interested in prosecuting you,
you will have to dredge up a lot of resources of your own in order
to have any chance at all.  This is why I say `of course' it is
expensive.  It will, at the very least, cost you a great deal of
your time.
-- 
In-Real-Life: Chris Torek, Univ of MD Comp Sci Dept (+1 301 454 1415)
UUCP:	seismo!umcp-cs!chris
CSNet:	chris@umcp-cs		ARPA:	chris@mimsy.umd.edu

mat@mtx5a.UUCP (m.terribile) (03/06/86)

> >I would like to question the people above: Have you ever gone out
> >and priced Criminal Defense attorneys?? We aren't talking about
> >corporate law here, nor about divorce court, we're talking about
> >defending ourselves against the State!
> 
> Of *course* that is expensive---even *without* a lawyer.  Fortunately,
> the majority are not falsely accused of breaking state or federal
> laws (as observed by me, at any rate).  Pity those who are....

Remember, however, that in many localities, any attorney who has a license
to practice before a court (as opposed to JUST the license to practice law)
must give time to the public defense pool.

Your legal fees may be paying for defense of a kid who is charged with selling
a few ounces of pot to some buddies.  This is part of the price we pay for
trying to maintain a free country.

My favorite gripe, though, is contingency fees.  I feel that they ought to
be abolished, with a fixed hourly rate paid for lawyer, court appearance,
and legal assistant/whatever.  Also, the jury should not be told how much
insurance is available to pay, (but should be told the basic circumstances
of the defendant's and plaintiff's lives) and decisions requiring payment of
medical care/support should be open to review, under conditions that the
jury may establish.  Finally, the jury should be free to ``award'' the
defendant's court costs to the plaintiff (without knowing what those costs
are) if the suit is found to be utterly without merit.
-- 

	from Mole End			Mark Terribile
		(scrape .. dig )	mtx5b!mat
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