Monday, November 21, 2011

Class and the courts

There, perhaps, is no moment in life when the difference in class is more apparent than when you are accused of a crime. The wealthy hire the best lawyer they can. If you cannot afford an attorney, one will be provided. But, the kind of attorney you get in Michigan all depends on where you live.

So, imagine this. You’ve been accused of a crime. You know you didn’t do it. But, the police think you did. You cannot afford a lawyer. So, you are appointed a lawyer. In a few counties, it might be someone from a public defenders office. In other counties, your lawyer might be someone who was appointed by a judge- which some see as a conflict. The lawyer got the job because of the judge which puts the lawyer’s independence in question. In almost half of Michigan counties, it might be a lawyer who put in the lowest bid for a contract with the county. Critics say for most counties, not enough resources are provided to a public defense lawyer to put together a proper defense.

“We are out to prove what everybody knows and that is the public defense system in this state is broken.”

That’s Michael J. Steinberg with the Michigan chapter of the American Civil Liberties Union. The ACLU has a case before the courts to get adequate legal defense for low-income people charged with a crime.

In a 2008 report, the National Legal Aid and Defender Association found Michigan ranks 44th of the 50 states in public defense funding. That means only five states spend less.

In fact, state government doesn’t pay for public defense. Michigan requires each county to pay the cost. And for most counties, it’s just not a big priority.

http://www.michiganradio.org/post/class-and-courts


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