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Forum Overview
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Motherfucking News
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by Tansin A. Darcos (TDARCOS) 04/21/2013, 8:19pm PDT |
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Mischief Maker wrote:
Only guilty parties are willing to go through the legal hell of appealing all the way to the supreme court in the criminal law arena.
I guess you never heard of Clarence Gideon. Was arrested for allegedly robbing a pool hall, back then, if you were convicted of anything except a death-eligible case, you were not entitled to a public defender. So if you were poor and charged with a felony, chances are you didn't have the money to hire a lawyer, and thus you were practically guaranteed to be convicted unless you were lucky enough to either be a sympathetic defendant or had a high-profile case that you got some lawyer to handle your case pro bono
Gideon was denied a lawyer because the state was not required to pay for one for any criminal case (U.S. Supreme Court allowed this in Betts v. Brady 1942) unless you were charged with death (the Scottsboro Boys incident required this because of Powell v. Alabama), so the court doesn't give free counsel to non-death defendants. Gideon tried to defend himself as best he could, but was convicted. He lost other appeals, then he wrote a hand-written prisoner appeal to the U.S. Supreme Court, which was accepted, and the court found him counsel to argue his case (you can't argue your case in the Supreme Court unless you're admitted to it to practice, and you also have to be a member of your state bar, i.e. a licensed lawyer, to do so). Supreme Court finds that the odds of being convicted for a person charged with a felony so great without representation (since the prosecuting attorney is bound to be an overworked lawyer with lots of trial practice) and the rules so complicated, that it is unreasonable for a poor person to be forced to defend themselves without some legal representation, so the U.S. Supreme Court ruled that in all felony cases - not just Death Penalty cases - the state must provide you with legal representation (that's the "If you cannot afford one, an attorney will be provided to you at no charge before any questioning," of the Miranda warning.)
The Supreme Court reversed its prior finding in Betts v. Brady and Gideon's conviction was overturned.
The case of Gideon v. Wainwright, or Gideon's Trumpet as it is called, guaranteed that all criminal defendants accused of felonies, even poor ones, get at least some legal representation.
And when Gideon was retried, now having a lawyer, he was found not guilty. Someone appealing to the Supreme Court does not mean they are guilty any more than refusing to say anything to the police or insisting on a lawyer or invoking the 5th Amendment means you're not innocent of what you're charged. This point was settled in Ohio v. Reiner, 532 U.S. 17 (2001), where a witness who denies everything (and thus is claiming total innocence) still has a right against self-incrimination. "This Court has never held, however, that the privilege is unavailable to those who claim innocence. To the contrary, the Court has emphasized that one of the Fifth Amendment's basic functions is to protect innocent persons who might otherwise be ensnared by ambiguous circumstances." |
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if the bombs had had guns they could have protected themselves from the NT by turrists 04/15/2013, 3:04pm PDT 
Re: if the bombs had had guns they could have protected themselves from the by laudablepuss 04/15/2013, 3:57pm PDT
Well, since the first and last answer ALWAYS seems to be more laws... by Mysterio 04/16/2013, 9:18am PDT
Make the bombs cost FIVE THOUSAND DOLLAZ. NT by rock 04/16/2013, 9:37am PDT
Im exerthithing my thecond amendment rigth to carry thith dynamite vest offither NT by MM 04/16/2013, 10:38am PDT
A new golden age! by Worm 04/16/2013, 11:04am PDT
The Boston Marathon Bombing by Matthew Holland 04/16/2013, 10:08pm PDT
Re: The Boston Marathon Bombing by col.schickn 04/16/2013, 10:36pm PDT
Re: The Boston Marathon Bombing by Mysterio 04/16/2013, 11:50pm PDT
yeah by col.schickn 04/17/2013, 7:10am PDT
Re: The Boston Marathon Bombing by Mysterio 04/17/2013, 9:09am PDT
They arrested a guy NT by Matthew Holland 04/17/2013, 11:02am PDT
In that picture, Waldo is in 3d row,upper left corner in the sock dept. NT by Tansin A. Darcos (TDARCOS) 04/17/2013, 11:04am PDT
Naked chick top left NT by search over 04/17/2013, 1:21pm PDT
Re: The Boston Marathon Bombing by E. L. Koba 04/17/2013, 9:10pm PDT
Aging and the Boston Marathon Bombing by Tansin A. Darcos (TDARCOS) 04/17/2013, 10:54am PDT
Re: Aging and the Boston Marathon Bombing by Matthew Holland 04/17/2013, 11:08am PDT
Re: Aging and the Boston Marathon Bombing by Tansin A. Darcos (TDARCOS) 04/17/2013, 7:06pm PDT
I actually cracked the case and know who did it, but by Anonymous F209 04/17/2013, 10:35pm PDT
they might have just found the guys, big shootout in cambridge and watertown by jeep 04/18/2013, 11:08pm PDT
Info TONIGHT by Ice Cream Jonsey 04/18/2013, 11:30pm PDT
I got just one question for ya. NT by DO YOU LIKE APPLES?? 04/18/2013, 11:51pm PDT
/nods NT by Ice Cream Jonsey 04/19/2013, 12:00am PDT
1: Mike Mulugeta Suspect 2: Sunil Tripathi NT by BPD scanner has identified the name 04/18/2013, 11:59pm PDT
Wow, Reddit nailed it. They were guessing Sunil Tripathi yesterday afternoon. NT by Fullofkittens 04/19/2013, 4:06am PDT
EXCEPT this turned out to be wrong. NT by Fullofkittens 04/19/2013, 5:43am PDT
Caltrops regrets the error. NT by Bradley Svedka. 04/19/2013, 9:13am PDT
That's a suspicious name, are you Chechen? NT by laudablepuss 04/19/2013, 3:17pm PDT
Fuck me that's half a mile from my place by anonymous 04/19/2013, 1:17am PDT
Do you SEE what Grand Theft Auto has done to our youth? DO YOU SEE??? NT by MM 04/19/2013, 6:50am PDT
Yes, I see. *boom* NT by Laurence Fishburne 04/19/2013, 6:05pm PDT
CAUGHT by Rafiki 04/19/2013, 6:38pm PDT
The ACLU should really pick their battles better by Laurence Fishburne 04/21/2013, 3:33am PDT
Ernesto Miranda was Guilty. by Mischief Maker 04/21/2013, 6:53am PDT
Re: Ernesto Miranda was Guilty. (I guess you never heard of Clarence Gideon.) by Tansin A. Darcos (TDARCOS) 04/21/2013, 8:19pm PDT
Oh yeah, missed it, Miranda was convicted on retrial; Gideon was acquitted NT by Tansin A. Darcos (TDARCOS) 04/21/2013, 8:33pm PDT
Yeah, Mischief Maker. Why don't you know the law like TDARCOS does? NT by Souffle of Pain 04/21/2013, 9:34pm PDT
Correction to Gideon comment by Tansin A. Darcos (TDARCOS) 04/22/2013, 8:29am PDT
Okay, I should have said "generally." Jesus! NT by MM 04/22/2013, 10:01am PDT
sPeeeeeeeeeeeeeeerg! NT by Assburg, USA 04/22/2013, 4:24pm PDT
They've been completely quiet about the house to house raids in Watertown by Live from Watertown 04/22/2013, 8:31pm PDT
Re: They've been completely quiet about the house to house raids in Watertown by Mischief Maker 04/22/2013, 10:44pm PDT
I think you meant to say.... by Caruso 04/25/2013, 9:41pm PDT
Re: They've been completely quiet about the house to house raids in Watertown by fabio 04/26/2013, 12:38am PDT
Boston Herald now calling Tsarnaev a Terror Mastermind, no spines left in US. by fucking newbie 04/29/2013, 1:06am PDT
BOSTON STRONG WATERTOWN STRONG by Live from Watertown 04/29/2013, 1:24am PDT
Chinese restaurants don't give a shit about Jesus on his birthday. Explosions NT by are nothing compared to eternal dam 05/02/2013, 10:40pm PDT
New definition for Weapons of Mass Destruction: total bullshit. by fucking newbie 05/03/2013, 4:51pm PDT
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