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Read the rules in the OP before posting, please.

In order to ensure that this thread continues to meet TL standards and follows the proper guidelines, we will be enforcing the rules in the OP more strictly. Be sure to give them a re-read to refresh your memory! The vast majority of you are contributing in a healthy way, keep it up!

NOTE: When providing a source, explain why you feel it is relevant and what purpose it adds to the discussion if it's not obvious.
Also take note that unsubstantiated tweets/posts meant only to rekindle old arguments can result in a mod action.
Simberto
Profile Blog Joined July 2010
Germany11720 Posts
March 09 2015 00:13 GMT
#34181
On March 09 2015 08:31 Ryuhou)aS( wrote:
That's probably true about rich people, but i gotta say, when i got arrested, my public defender went above and beyond for me and did some amazing work for me. He was still somewhat young so i guess he just hadn't become disillusioned yet.


It doesn't have to be his enthusiasm, it could also be his competency. That does not mean the public defender is incompetent, but you could get someone better with more money.

If that were not the case, i can not explain why expensive lawyers exist. If they are exactly as good as a public defender, why does anyone hire them and pay them hundreds of dollars an hour when they could get the same quality of lawyering for free/a lot cheaper? However, they do exist, and people keep paying them, so either they are really good at marketing or their actually is a quality difference in lawyers, and more money can buy you a better one, which increases your chances of not being guilty with the same evidence.
dAPhREAk
Profile Blog Joined July 2010
Nauru12397 Posts
March 09 2015 00:23 GMT
#34182
On March 09 2015 08:31 Ryuhou)aS( wrote:
That's probably true about rich people, but i gotta say, when i got arrested, my public defender went above and beyond for me and did some amazing work for me. He was still somewhat young so i guess he just hadn't become disillusioned yet.

i have high respect for public defendants and for the most part they are competent and devoted. that is not the problem. its their workload and their budget. hiring private investigators, experts, expert tests, etc. are nonstarters a lot of the time. having a PD that has less than a few hundred cases (misdos) or less than a few dozen (serious felonies) is unlikely.
coverpunch
Profile Joined December 2011
United States2093 Posts
March 09 2015 03:26 GMT
#34183
On March 09 2015 09:13 Simberto wrote:
Show nested quote +
On March 09 2015 08:31 Ryuhou)aS( wrote:
That's probably true about rich people, but i gotta say, when i got arrested, my public defender went above and beyond for me and did some amazing work for me. He was still somewhat young so i guess he just hadn't become disillusioned yet.


It doesn't have to be his enthusiasm, it could also be his competency. That does not mean the public defender is incompetent, but you could get someone better with more money.

If that were not the case, i can not explain why expensive lawyers exist. If they are exactly as good as a public defender, why does anyone hire them and pay them hundreds of dollars an hour when they could get the same quality of lawyering for free/a lot cheaper? However, they do exist, and people keep paying them, so either they are really good at marketing or their actually is a quality difference in lawyers, and more money can buy you a better one, which increases your chances of not being guilty with the same evidence.

You hire a private attorney for someone with a smaller caseload. Public defenders are so overloaded that they triage their cases, trying to allocate the most attention on the cases that have the best chance. But the public defender can only work so hard before moving on to other cases on their plate. Private defenders have as much time and resources as you have the ability and willingness to pay them.

You also have more choice in picking a private attorney since you can talk to some and reject the ones you don't like. You don't have so many chances to reject your public defender and pick another one.
GreenHorizons
Profile Blog Joined April 2011
United States23581 Posts
March 09 2015 03:29 GMT
#34184
On March 09 2015 12:26 coverpunch wrote:
Show nested quote +
On March 09 2015 09:13 Simberto wrote:
On March 09 2015 08:31 Ryuhou)aS( wrote:
That's probably true about rich people, but i gotta say, when i got arrested, my public defender went above and beyond for me and did some amazing work for me. He was still somewhat young so i guess he just hadn't become disillusioned yet.


It doesn't have to be his enthusiasm, it could also be his competency. That does not mean the public defender is incompetent, but you could get someone better with more money.

If that were not the case, i can not explain why expensive lawyers exist. If they are exactly as good as a public defender, why does anyone hire them and pay them hundreds of dollars an hour when they could get the same quality of lawyering for free/a lot cheaper? However, they do exist, and people keep paying them, so either they are really good at marketing or their actually is a quality difference in lawyers, and more money can buy you a better one, which increases your chances of not being guilty with the same evidence.

You hire a private attorney for someone with a smaller caseload. Public defenders are so overloaded that they triage their cases, trying to allocate the most attention on the cases that have the best chance. But the public defender can only work so hard before moving on to other cases on their plate. Private defenders have as much time and resources as you have the ability and willingness to pay them.

You also have more choice in picking a private attorney since you can talk to some and reject the ones you don't like. You don't have so many chances to reject your public defender and pick another one.



Combine that with corrupt policing (like we have seen in Ferguson and elsewhere) and you have a recipe for disaster.
"People like to look at history and think 'If that was me back then, I would have...' We're living through history, and the truth is, whatever you are doing now is probably what you would have done then" "Scratch a Liberal..."
coverpunch
Profile Joined December 2011
United States2093 Posts
March 09 2015 08:10 GMT
#34185
On March 09 2015 12:29 GreenHorizons wrote:
Show nested quote +
On March 09 2015 12:26 coverpunch wrote:
On March 09 2015 09:13 Simberto wrote:
On March 09 2015 08:31 Ryuhou)aS( wrote:
That's probably true about rich people, but i gotta say, when i got arrested, my public defender went above and beyond for me and did some amazing work for me. He was still somewhat young so i guess he just hadn't become disillusioned yet.


It doesn't have to be his enthusiasm, it could also be his competency. That does not mean the public defender is incompetent, but you could get someone better with more money.

If that were not the case, i can not explain why expensive lawyers exist. If they are exactly as good as a public defender, why does anyone hire them and pay them hundreds of dollars an hour when they could get the same quality of lawyering for free/a lot cheaper? However, they do exist, and people keep paying them, so either they are really good at marketing or their actually is a quality difference in lawyers, and more money can buy you a better one, which increases your chances of not being guilty with the same evidence.

You hire a private attorney for someone with a smaller caseload. Public defenders are so overloaded that they triage their cases, trying to allocate the most attention on the cases that have the best chance. But the public defender can only work so hard before moving on to other cases on their plate. Private defenders have as much time and resources as you have the ability and willingness to pay them.

You also have more choice in picking a private attorney since you can talk to some and reject the ones you don't like. You don't have so many chances to reject your public defender and pick another one.



Combine that with corrupt policing (like we have seen in Ferguson and elsewhere) and you have a recipe for disaster.

Actually I don't think they're connected. Corrupt policing is its own toxic issue, since it undermines the rule of law and destroys credibility in the government at all levels.

The court system certainly has its own problems, but fixing them wouldn't make life any better for the residents of a place like Ferguson since it has only an oversight function of police activities and is not dedicated to protecting the citizens from bad police work. The DOJ was actively looking for reasons to prosecute cops (especially the one who killed Michael Brown) and the best they could do was getting the department to let three employees go for being dumb enough to use their official work e-mail to send racist jokes.
Simberto
Profile Blog Joined July 2010
Germany11720 Posts
March 09 2015 10:23 GMT
#34186
On March 09 2015 12:26 coverpunch wrote:
Show nested quote +
On March 09 2015 09:13 Simberto wrote:
On March 09 2015 08:31 Ryuhou)aS( wrote:
That's probably true about rich people, but i gotta say, when i got arrested, my public defender went above and beyond for me and did some amazing work for me. He was still somewhat young so i guess he just hadn't become disillusioned yet.


It doesn't have to be his enthusiasm, it could also be his competency. That does not mean the public defender is incompetent, but you could get someone better with more money.

If that were not the case, i can not explain why expensive lawyers exist. If they are exactly as good as a public defender, why does anyone hire them and pay them hundreds of dollars an hour when they could get the same quality of lawyering for free/a lot cheaper? However, they do exist, and people keep paying them, so either they are really good at marketing or their actually is a quality difference in lawyers, and more money can buy you a better one, which increases your chances of not being guilty with the same evidence.

You hire a private attorney for someone with a smaller caseload. Public defenders are so overloaded that they triage their cases, trying to allocate the most attention on the cases that have the best chance. But the public defender can only work so hard before moving on to other cases on their plate. Private defenders have as much time and resources as you have the ability and willingness to pay them.

You also have more choice in picking a private attorney since you can talk to some and reject the ones you don't like. You don't have so many chances to reject your public defender and pick another one.


Which in the end still leaves you with "If you have money, you can get a better attorney". The exact reasons as to why that attorney can better defend you are not really that relevant.
coverpunch
Profile Joined December 2011
United States2093 Posts
March 09 2015 12:27 GMT
#34187
On March 09 2015 19:23 Simberto wrote:
Show nested quote +
On March 09 2015 12:26 coverpunch wrote:
On March 09 2015 09:13 Simberto wrote:
On March 09 2015 08:31 Ryuhou)aS( wrote:
That's probably true about rich people, but i gotta say, when i got arrested, my public defender went above and beyond for me and did some amazing work for me. He was still somewhat young so i guess he just hadn't become disillusioned yet.


It doesn't have to be his enthusiasm, it could also be his competency. That does not mean the public defender is incompetent, but you could get someone better with more money.

If that were not the case, i can not explain why expensive lawyers exist. If they are exactly as good as a public defender, why does anyone hire them and pay them hundreds of dollars an hour when they could get the same quality of lawyering for free/a lot cheaper? However, they do exist, and people keep paying them, so either they are really good at marketing or their actually is a quality difference in lawyers, and more money can buy you a better one, which increases your chances of not being guilty with the same evidence.

You hire a private attorney for someone with a smaller caseload. Public defenders are so overloaded that they triage their cases, trying to allocate the most attention on the cases that have the best chance. But the public defender can only work so hard before moving on to other cases on their plate. Private defenders have as much time and resources as you have the ability and willingness to pay them.

You also have more choice in picking a private attorney since you can talk to some and reject the ones you don't like. You don't have so many chances to reject your public defender and pick another one.


Which in the end still leaves you with "If you have money, you can get a better attorney". The exact reasons as to why that attorney can better defend you are not really that relevant.

It's an attorney who can spend more time and attention on your case, not necessarily a better attorney or one who can give better representation or better results. Research shows pretty mixed results, but the bottom line is that you can get excellent representation from a public defender and there are shoddy private attorneys are out there. And in many cases, it doesn't even matter which one you get in terms of results.

My point is that you have to think in more dimensions than merely "better" or "worse" and the equation is more complex than "more money = better lawyer".
always_winter
Profile Joined February 2015
United States195 Posts
March 09 2015 12:28 GMT
#34188
If you have money you can absolutely get a better attorney. You could also be driving a Lamborghini instead of a Prius. Legal representation isn't exempt from the rules of capitalism.

coverpunch
Profile Joined December 2011
United States2093 Posts
March 09 2015 12:46 GMT
#34189
My point is that you have to think in more dimensions than merely "better" or "worse" and the equation is more complex than "more money = better lawyer".
Simberto
Profile Blog Joined July 2010
Germany11720 Posts
March 09 2015 13:12 GMT
#34190
If the lawyer spends more time on your case, that is obviously going to be beneficial. I find it baffling that you debate this point.

Can you explain to me why someone would pay a lawyer 200$/hour if he would not expect better results than from a public defender? Does the 200$ lawyer simply have better marketing, but his results are exactly the same? I find it hard to believe that.

It is utterly irrelevant why exactly the more expensive lawyer will produce a better result. Maybe he can spend more time on this specific case. Maybe he has more experience with this specific type of cases. Maybe he knows which private investigators will get you additional proofs that you need. The main point is that generally speaking, people expect better results from a more expensive lawyer.

We know for a fact that people are willing to pay shitloads of money for a lawyer with a good reputation. Those people who pay that money expect better results from that lawyer than from a cheaper one. So unless we assume that this is all just one big giant marketing scam by big law firms who manage to fool everyone, it is hard to argue against the idea that in the exact same case, the defendant has a higher chance of being found not guilty if he can afford to spend more money on the trial.
Acrofales
Profile Joined August 2010
Spain18193 Posts
March 09 2015 13:12 GMT
#34191
On March 09 2015 21:28 always_winter wrote:
If you have money you can absolutely get a better attorney. You could also be driving a Lamborghini instead of a Prius. Legal representation isn't exempt from the rules of capitalism.




I think it's quite hilarious that you think the Prius is a cheap car.
coverpunch
Profile Joined December 2011
United States2093 Posts
March 09 2015 13:35 GMT
#34192
On March 09 2015 22:12 Simberto wrote:
If the lawyer spends more time on your case, that is obviously going to be beneficial. I find it baffling that you debate this point.

Can you explain to me why someone would pay a lawyer 200$/hour if he would not expect better results than from a public defender? Does the 200$ lawyer simply have better marketing, but his results are exactly the same? I find it hard to believe that.

It is utterly irrelevant why exactly the more expensive lawyer will produce a better result. Maybe he can spend more time on this specific case. Maybe he has more experience with this specific type of cases. Maybe he knows which private investigators will get you additional proofs that you need. The main point is that generally speaking, people expect better results from a more expensive lawyer.

We know for a fact that people are willing to pay shitloads of money for a lawyer with a good reputation. Those people who pay that money expect better results from that lawyer than from a cheaper one. So unless we assume that this is all just one big giant marketing scam by big law firms who manage to fool everyone, it is hard to argue against the idea that in the exact same case, the defendant has a higher chance of being found not guilty if he can afford to spend more money on the trial.

This study is probably the highest profile you're going to get. It shows similar results between public defenders and private attorneys for adjudication and sentencing for clients. Note that there is huge variation and the context of the cases matters a lot, and there is research showing private attorneys doing better than public defenders.

There's also this interesting paper which points out a selection bias, from a premise that private attorneys have better results than public defenders. For the non-wealthy, the kinds of people who do everything they can to scrape together enough money to pay for high-priced defense attorneys might be those people who think their case is strong, not those who just expect money to buy better results. Public defenders get stuck with a lot of cases that are essentially hopeless, and maybe some people they represent expect to lose and thus it's not even worth trying to buy their way out.

It is a curious question of whether George Zimmerman would have done so well with the public defender rather than the private attorney he managed to pay for with crowd-sourced donations. By all accounts, he was not a wealthy person but his case did get national attention and he collected a large pool of donations for his defense. Did he buy his way out of a manslaughter guilty plea or was his case already strong because the prosecution's witnesses were so soft?
farvacola
Profile Blog Joined January 2011
United States18845 Posts
Last Edited: 2015-03-09 13:41:20
March 09 2015 13:40 GMT
#34193
The prosecution itself was just as soft as its witnesses. In an adversarial system, an analysis of outcomes must take into account both sides.
"when the Dead Kennedys found out they had skinhead fans, they literally wrote a song titled 'Nazi Punks Fuck Off'"
xDaunt
Profile Joined March 2010
United States17988 Posts
March 09 2015 14:05 GMT
#34194
Spending more money on legal counsel will not necessarily impact the result. First and foremost, attorneys have an over-inflated view of their own value in a given case. Cases usually are determined by the applicable facts and law. As long as a certain threshold of diligence is met by counsel on both sides of an argument, the "proper" result will be reached. Second, dumping a whole bunch of money off at a big-name law firm where they charge you close to $1,000 per hour for their time does not always get you a superior attorney or superior work product.
RCMDVA
Profile Joined July 2011
United States708 Posts
March 09 2015 14:41 GMT
#34195
I was going to say, something like a 1st time DUI is pretty cut-and-dried what you are going to get.
GreenHorizons
Profile Blog Joined April 2011
United States23581 Posts
March 09 2015 15:00 GMT
#34196
On March 09 2015 17:10 coverpunch wrote:
Show nested quote +
On March 09 2015 12:29 GreenHorizons wrote:
On March 09 2015 12:26 coverpunch wrote:
On March 09 2015 09:13 Simberto wrote:
On March 09 2015 08:31 Ryuhou)aS( wrote:
That's probably true about rich people, but i gotta say, when i got arrested, my public defender went above and beyond for me and did some amazing work for me. He was still somewhat young so i guess he just hadn't become disillusioned yet.


It doesn't have to be his enthusiasm, it could also be his competency. That does not mean the public defender is incompetent, but you could get someone better with more money.

If that were not the case, i can not explain why expensive lawyers exist. If they are exactly as good as a public defender, why does anyone hire them and pay them hundreds of dollars an hour when they could get the same quality of lawyering for free/a lot cheaper? However, they do exist, and people keep paying them, so either they are really good at marketing or their actually is a quality difference in lawyers, and more money can buy you a better one, which increases your chances of not being guilty with the same evidence.

You hire a private attorney for someone with a smaller caseload. Public defenders are so overloaded that they triage their cases, trying to allocate the most attention on the cases that have the best chance. But the public defender can only work so hard before moving on to other cases on their plate. Private defenders have as much time and resources as you have the ability and willingness to pay them.

You also have more choice in picking a private attorney since you can talk to some and reject the ones you don't like. You don't have so many chances to reject your public defender and pick another one.



Combine that with corrupt policing (like we have seen in Ferguson and elsewhere) and you have a recipe for disaster.

Actually I don't think they're connected. Corrupt policing is its own toxic issue, since it undermines the rule of law and destroys credibility in the government at all levels.

The court system certainly has its own problems, but fixing them wouldn't make life any better for the residents of a place like Ferguson since it has only an oversight function of police activities and is not dedicated to protecting the citizens from bad police work. The DOJ was actively looking for reasons to prosecute cops (especially the one who killed Michael Brown) and the best they could do was getting the department to let three employees go for being dumb enough to use their official work e-mail to send racist jokes.


Well the corrupt police bring endless reams of BS cases to a biased and prejudiced court. So while generally a separate issue, it's connection to outcomes can't really be denied. It's not like the local courts can just play dumb to the corruption they helped manifest into peoples lives (by not throwing out cases where civil rights were violated and such).

As for public defenders and outcomes.

The general problem of public defender ineffectiveness vis-à-vis private
counsel is a problem that should concern us all. Our data show that private defense
lawyers achieve better sentence outcomes than public defenders, and that the
difference is statistically significant, both in causation and magnitude. On average,
public defender clients suffer in excess of three years more incarceration than
private defense clients
, even controlling for the seriousness of the charges.


Source
"People like to look at history and think 'If that was me back then, I would have...' We're living through history, and the truth is, whatever you are doing now is probably what you would have done then" "Scratch a Liberal..."
always_winter
Profile Joined February 2015
United States195 Posts
Last Edited: 2015-03-09 15:06:38
March 09 2015 15:01 GMT
#34197
Hands-down the problem with the judicial system isn't the state providing subpar representation, but the law itself. Your lawyer could be the fucking rainman, but if you're an inner-city black kid with, let's say, unsavory affiliations or perhaps a few dinks on your record, and the law says that gram of weed you're holding can carry a lengthy prison sentence, then your ass is in a federal penitentiary with pedophiles and rapists and murderers and you've become yet another statistic. A victim of circumstance, perhaps, but nonetheless a victim of a flawed judicial system which is predisposed toward racial bias whether it tries to avoid it or not.
GreenHorizons
Profile Blog Joined April 2011
United States23581 Posts
March 09 2015 16:47 GMT
#34198
A video of a racist chant by men alleged to be fraternity brothers at the University of Oklahoma has brought widespread condemnation and the fraternity’s suspension.

The 10-second video features men said to be members of the fraternity Sigma Alpha Epsilon (SAE). Though the words are not all intelligible, the chant appears to be: “There will never be a n—– SAE/There will never be a n—– SAE/You can hang ‘em from a tree, but it will never start with me/There will never be a n—– SAE.”



Early Monday, the fraternity’s national organization said the University of Oklahoma’s chapter would be closed and its members suspended.

“Sigma Alpha Epsilon’s national headquarters has closed its Oklahoma Kappa chapter at the University of Oklahoma following the discovery of an inappropriate video,” read a statement posted to the fraternity’s Web site. “In addition, all of the members have been suspended, and those members who are responsible for the incident may have their membership privileges revoked permanently. We apologize for the unacceptable and racist behavior of the individuals in the video, and we are disgusted that any member would act in such a way. Furthermore, we are embarrassed by this video and offer our empathy not only to anyone outside the organization who is offended but also to our brothers who come from a wide range of backgrounds, cultures and ethnicities.”


NSFW video:

+ Show Spoiler +


Source
"People like to look at history and think 'If that was me back then, I would have...' We're living through history, and the truth is, whatever you are doing now is probably what you would have done then" "Scratch a Liberal..."
{CC}StealthBlue
Profile Blog Joined January 2003
United States41117 Posts
March 09 2015 17:28 GMT
#34199
Singed by their defeat in the battle over Homeland Security funding, Republicans aren’t about to renew their fight against President Barack Obama’s executive actions on immigration anytime soon.

When the GOP-controlled Senate bent to Democratic demands to fund the Department of Homeland Security, effectively undercutting conservatives who were willing to allow the agency to shut down until Obama backed down, there was talk of Senate GOP leaders returning to the immigration issue to find new ways to thwart Obama’s orders.

But few within the GOP expect any kind of immigration debate in the Senate in the foreseeable future. The issue has been relegated to the back burner as Republicans instead focus on the budget, trade deals and, possibly, tax reform.

“At this point, we have a lot of other issues to do,” said Sen. Susan Collins (R-Maine), who authored stand-alone legislation to block Obama’s immigration directives. “I’m very happy the Department of Homeland Security is funded, and I think the issue of the president’s overreach with his executive order of last November is probably going to end up being decided by the courts. And that’s not a bad option.”

Senate Republican leadership aides also indicated that the chamber is not likely to return to the Collins legislation in the next several weeks — a work period that will be dominated by anti-trafficking legislation, nominations, a fiscal 2016 budget and perhaps an Iran bill.

In the House, committees are humming along on some immigration bills, but leadership has shown no indication when — or if — they will come to the floor.

The inaction on immigration comes as the GOP is trying to improve its standing among Latinos in the 2016 presidential election. An “autopsy” of the party’s problems after the 2012 election warned that Republicans “must embrace and champion comprehensive immigration reform. If we do not, our Party’s appeal will continue to shrink.”

Reform advocates were buoyed when the Senate overwhelmingly passed a sweeping bipartisan bill in June 2013. But the measure stalled in the House. And immigration, until at least after the next election, is more likely to be fodder for the campaign trail than congressional action.


Source
"Smokey, this is not 'Nam, this is bowling. There are rules."
lastpuritan
Profile Joined December 2014
United States540 Posts
Last Edited: 2015-03-09 18:51:22
March 09 2015 18:48 GMT
#34200
public defenders outplays private attorneys if you be a nice guy. once i tried to save a girl from her f*** drunk boyfriends beating, they were in a cab -driver helped me though- .phoenix police department was so nice to me, apart from the moment that they mocked me shouting are you vigilante, or a cop kiddo? ive never appeared in court and pd dealt with the all the paper work. - girl said its her boyfriend, he may be wrong to do such thing, but its their own business -
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