isadore;1133573 wrote:Throughout this discussion you have been completely dismissive of the fact that inadequate counsel has sent innocent people to prison, to death row and in all probability to execution. You have claimed it is a small price to pay. You have been provided with several examples of how inadequate the system of legal representation is for the poor. With the many states cutting funds, the crisis will only get worse.
It is far from good/competent. Oh and DNA test is expensive.
The defendant doesn't pay for DNA testing. The DA will want to have that, and they don't get to just toss it out if it comes back negative. There are advocacy groups out there - no one is sitting in prison because they can't afford a DNA test that would exonerate them.
And I have not been dismissive of the VERY SMALL % of innocent people going to jail - or rather, let's say "not guilty". Again, you are assuming that the DA and cops have absolutely no concern over convicting the wrong person. Nor do overworked/incompetent public defenders not lose sleep over people whom they believe to be innocent. This is what you don't get. The people getting "shortchanged" look guilty and nearly all the time ARE guilty. With a better defense, more would walk with marginal evidence against them, but then you're actually advocating injustice out of a perverse sense of, well, injustice.
Finally, I have not been dismissive. Out of MILLIONS in prison, I have not doubt that hundreds, perhaps even thousands have been wrongfully convicted. Or, in other words, we get it right 99.9% of the time. These people have a right to a jury trial, and you are ignoring the fact that the DA needs enough evidence to convince 12 jurors beyond a reasonable doubt. I'll say it again, wrongful conviction =/= innocence. You're not advocating equal justice by wanting the same opportunity at INJUSTICE some of the 1% have been able to exploit. You're so blinded by jealously and hatred for the 1% that you can't even recognize what the real issue is here.
By the way, Communist Russia and China did a real bang-up job with their civil rights and justice.