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re: Public Defenders Hard To Come By In Louisiana

Posted on 3/13/17 at 9:35 pm to
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89655 posts
Posted on 3/13/17 at 9:35 pm to
quote:

Rotting in jail for months or years in some cases before a trial is not due process.



I don't like it, but throwing money at the problem isn't a solution. We need better case management, better bail/PTI programs from drug offenses (although a lot of jursidictions have been doing great work over the past 20 years or so of this).

quote:

I suggest you actually talk to people who are involved in criminal law in Louisiana and not spout bullshite talking points


I admit I've been out of practice for a while and I only dabbled in criminal and quasi-criminal law in the first place.

But, "not coddling" the criminal element is not the same as trampling on their rights, either.

Most DAs are Democrat trial lawyers, too, so there's that.

quote:

It's embarrassing


Imma let you slide this time, aight?

This post was edited on 3/13/17 at 9:36 pm
Posted by NIH
Member since Aug 2008
112804 posts
Posted on 3/13/17 at 9:39 pm to
quote:

, but throwing money at the problem isn't a solution.


Hiring more attorneys = less cases per attorney = cases move quicker through the system

quote:

better bail/


for sure

quote:

programs from drug offenses (although a lot of jursidictions have been doing great work over the past 20 years or so of this).


Drug court and PTD do good work, though the bulk of the funding from the latter(if not all?) stays in the DA's office.


quote:

Most DAs are Democrat trial lawyers, too,


Not around Acadiana


quote:

But, "not coddling" the criminal element is not the same as trampling on their rights, either.


Adequate, or at the very least, timely representation is not coddling.
Posted by Jeff Boomhauer
Arlen, TX
Member since Jun 2016
3552 posts
Posted on 3/13/17 at 9:43 pm to
Anyone saying that these guys are all guilty and don't deserve a good lawyer needs to watch "Making a Murderer". The blonde dude probably killed the girl and deserves to be in jail but his nephew, Brandon Dassey(?), absolutely was railroaded by his "defender", the detectives, and the prosecutor
Posted by Rig
BHM
Member since Aug 2011
41856 posts
Posted on 3/13/17 at 9:50 pm to
quote:

Making a Murderer
Investigation Discovery also did a piece on this that makes a compelling argument that he's actually guilty.

Watch both sides because this documentary isn't all you may believe it to be.
Posted by BiggerBear
Redbone Country
Member since Sep 2011
2929 posts
Posted on 3/13/17 at 9:58 pm to
quote:

I had 200 cases open when I had an active practice - it's a lot but doable -and she's making a shite ton more than I was at the time.


It's not even close to the same thing. She has significantly more than that, likely less staff tasked with more work and she is probably clearing 20-30 cases or more per week and getting that many new ones in the same period.

I'm also doubting your 200 number, especially without more clarification.
Posted by SabiDojo
Open to any suggestions.
Member since Nov 2010
83985 posts
Posted on 3/13/17 at 10:00 pm to
You'd be surprised how much their families will come up with.
Posted by MoarKilometers
Member since Apr 2015
18121 posts
Posted on 3/13/17 at 10:02 pm to
I'm all about upping the number of public defenders. It seems more prudent than all other courthouse construction projects. I'm even willing to throw a little extra if another clerk is needed to file stuff. They are the vital infrastructure to keep things flowing.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89655 posts
Posted on 3/14/17 at 7:35 am to
quote:

It's not even close to the same thing.


I'm not going to argue with you about it - litigation files are pretty dense, regardless of the field. I couldn't clear 30 cases a week, but I wasn't assigned 30 cases a week, either - more like 5.

But, time exposure on a civil litigation case is way different from criminal, too. You get a criminal case on a Thursday, some PD shops send you a lawyer just to do arraignments, others want to assign a lawyer all the way through.

So, you get arraigned on a Friday - the vast majority of PD cases are possession with intent, disclosure takes a month or three - then you plea the thing. That's the business. It isn't pleasant - it isn't life affirming and maybe that's why they can't get enough lawyers to do it.

quote:

I'm also doubting your 200 number, especially without more clarification.


That was all in - I wasn't the primary on all 200, and that was mostly auto accidents, but some WC, products liability and med mal. 80 to 100 active at any one time, but a case didn't typically clear for 6 months - probably closed 5 and opened 5 per week. I'm spitballing because that was a long time ago - pre-electronic filing in state court, certainly.
Posted by NYNolaguy1
Member since May 2011
20949 posts
Posted on 3/14/17 at 7:39 am to
quote:

Ace Midnight


Do you believe in the presumption of innocence in this country?

It kinda sounds like you don't.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18935 posts
Posted on 3/14/17 at 8:00 am to
I worked in the criminal justice system for 20 years and always heard people say "the system is racist!" bullshite. Our criminal justice system is two tiered based on financial resources. Period. The people with cash hire the best defense attorneys (most of whom used to work with or play golf / drink with the ADA's) and they get good outcomes. The other poor saps get a PD who may or may not open their case file until the week of trial.
Posted by GFaceKillah
Welcome to the Third World
Member since Nov 2005
5935 posts
Posted on 3/14/17 at 8:05 am to
quote:


I had 200 cases open when I had an active practice - it's a lot but doable -and she's making a shite ton more than I was at the time.


Posted by The Mick
Member since Oct 2010
43270 posts
Posted on 3/14/17 at 8:11 am to
Not sure if you guys heard, but the oil industry is in a bit of a downturn. Dude might be broke AF currently.
Posted by HubbaBubba
F_uck Joe Biden, TX
Member since Oct 2010
45874 posts
Posted on 3/14/17 at 8:22 am to
Want to eliminate civil asset forfeitures? Pass a law requiring all proceeds to go to public defenders. That shite will stop dead in its tracks.
Posted by 20MuleTeam
West Hartford
Member since Sep 2012
3862 posts
Posted on 3/14/17 at 8:22 am to
When you live in a third world state that doesn't value America or the constitution what do you expect?
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89655 posts
Posted on 3/14/17 at 8:38 am to
quote:

Do you believe in the presumption of innocence in this country?


Of course I do. However, I don't ignore powerful evidence, even if circumstantial.

I also think the "Prison-Industrial Complex" is a thing. I indicated in the thread I'm for ending the War on Drugs(tm).

However, that doesn't mean I'm a bleeding heart liberal, either.
Posted by boosiebadazz
Member since Feb 2008
80452 posts
Posted on 3/14/17 at 8:43 am to
Sad day when ensuring the Sixth Amendment is followed makes one a bleeding heart liberal.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89655 posts
Posted on 3/14/17 at 8:46 am to
quote:

Sad day when ensuring the Sixth Amendment is followed makes one a bleeding heart liberal.


The Sixth Amendment does not guarantee you F. Lee Bailey for your minor drug possession charge.
Posted by NIH
Member since Aug 2008
112804 posts
Posted on 3/14/17 at 8:54 am to
quote:

The Sixth Amendment does not guarantee you F. Lee Bailey for your minor drug possession charge.


No one is saying that PDs have to be dream team defense attorneys. The problem is people are sitting in jail for absurd periods of time before trial because the system is incredibly overloaded, and even when they get to that point the PD has almost no time to actually devote to the case.
Posted by boosiebadazz
Member since Feb 2008
80452 posts
Posted on 3/14/17 at 8:56 am to
Is that really what's being argued here?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424245 posts
Posted on 3/14/17 at 8:56 am to
250 cases isn't a big deal

the PDs out here have 2-3x that
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