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    Fresh Courage TakeAndy Cush
    3/08/16 12:20pm

    I’ve heard talk for years now about how, for example, in one discreet area, all the public defenders and all the private lawyers who accept indigent appointments should absolutely boycott and refuse to take any cases. In other words, walk out on their jobs. I agree with that. Of course it’s a risk, but if an entire community of lawyers refuses to take, say, a death penalty case, you would be forcing the issue on a national scale. Maybe that’s the way to go.

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      MiniatureamericanflagsforothersFresh Courage Take
      3/08/16 12:26pm

      There’s also the inverse plan (which runs into the same collective action and prisoner’s dilemma issues), where all public defenders advise their drug possession clients to not take any plea deals and go forward to trial.

      Yes Mr. DA you are going to have to prosecute 155 jury trials for 1 oz possession of marijuana. Have fun dedicating all your resources to that.

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      Chicana4BernieMiniatureamericanflagsforothers
      3/08/16 12:29pm

      Meanwhile some of those defendants sit in jail for months or years awaiting their trials...

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    toothpetardAndy Cush
    3/08/16 12:11pm

    Louisiana has the highest rate of incarceration of any place in the entire world.

    Ah, southern hospitality.

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      Stone Cold Steve Autismtoothpetard
      3/08/16 12:13pm

      IF YOU WANT TO SEE SIGNIFICANT REFORM OF THE AMERICAN JUSTICE SYSTEM GIVE ME A HELL YEAH

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      ManchuCandidatetoothpetard
      3/08/16 12:14pm

      On the bright side, at least they serve gumbo flavored gruel in jails.

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    ManchuCandidateAndy Cush
    3/08/16 12:13pm

    Might as well not call it a state anymore. It’s the Banana Republic of Louisiana.

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      OhioGrownManchuCandidate
      3/08/16 12:19pm

      Its the GOP cycle of political life. Lower taxes -> Be Shocked when tax receipts decrease -> be forced to cut gov’t -> People get mad ay less gov’t services -> Rant about how we get nothing for our money -> repeat. Every once in awhile, like the LA, the administration will change parties and will take the blame for when they have to do corrective measures aka raise taxes, cut services, etc. The next election the same old GOP gets re-elected under lowers them thar taxes. Rinse Repeat.

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      underemploidManchuCandidate
      3/08/16 12:20pm

      While living in New Orleans, I regularly heard it referred to as the furthest north banana republic.

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    10" Rubber BilboAndy Cush
    3/08/16 12:13pm

    Any legal people want to help me here: Can good-hearted judges (legally) just start tossing cases if defendants are being brought before him who want counsel but cannot get it?

    That is to say, as an act of protest, they could say, “No dice: We cannot run a justice system without an actually-adversarial process and we cannot have said process without representation. Yes, Mr. District Attorney, I’m sure everything runs much smoother without defendant’s attorneys but I’m afraid certain forms much be observed. Case dismissed.”

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      MS_OH10" Rubber Bilbo
      3/08/16 12:21pm

      You make a good point. Kinda like during the global financial melt, sheriffs started refusing to evict homeowners since the banks weren't paying their bills either.

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      AliceInWunderland10" Rubber Bilbo
      3/08/16 12:24pm

      I’m not sure about Louisiana law, but in my state, judges don’t get to just toss charges because that decision is left up to the district attorney. But! Judges can start granting OR bonds and releasing people from jail if they don’t have counsel. (Are Louisiana’s judges elected or appointed? That would also make a difference.)

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    PunditGuyAndy Cush
    3/08/16 1:15pm

    Red State implements Red State policies and then wants Blue State money to prop up the inevitable mess? Would you kindly fuck off?

    — Blue State taxpayer

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      TeenaBurnerPunditGuy
      3/08/16 1:45pm

      But then you’re telling the other people who live there who disproportionately suffer from these policies and have less political leverage there in part due to things like gerrymandering and voter suppression to fuck off, too.

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      PunditGuyTeenaBurner
      3/08/16 1:53pm

      So there are no consequences to destructive conservative economics, because the liberals who live elsewhere, who actually care, will step in and save the day. Rinse, repeat.

      Well, yeah —fuck off. Rise up and make sure that bad policies don’t get enacted in the first place. Why should we act as enablers? The people will suffer either way, because your solution only emboldens conservatives to do more stupid stuff.

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    HarlotOScaraAndy Cush
    3/08/16 12:12pm

    According to one of the linked stories, it’s only felony defendants who face “very long or life sentences”. If you get a public defender for that case, 90 - 95 percent of the cases will take a plea deal. If you go to court with a public defender on a serious felony, expect to lose badly. You should be provided one of course, just don’t expect them to be effective.

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      Fresh Courage TakeHarlotOScara
      3/08/16 12:23pm

      I agree with you. I will only point out, however, the disparity in the way this plays out. In California, in a death eligible case, you usually get appointed to you two very, very good public defenders.

      If the right to an attorney is a federal right (and it is—this is axiomatic in the law), then why can’t the entire public defender debacle be paid for by the feds? (Sigh. I can only dream.)

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      Old GreggHarlotOScara
      3/08/16 12:30pm

      Well-organized, adequately funded public defenders offices routinely outperform the private bar. Here’s a study on the relatively new Harris County (Houston) public defender’s office.

      http://harriscountypublicdefender.org/wp-content/upl…

      Highlights:

      “Felony HCPD counsel achieved a greater proportion of dismissals, deferred sentences, and acquittals, and a smaller proportion of “guilty” outcomes, than assigned counsel. HCPD secured acquittals on all charges at three times the rate of appointed and retained counsel.”

      “Felony HCPD counsel was far more likely to take their cases to trial than appointed counsel or retained counsel. Once at trial, HCPD clients were more likely to get acquittals for all charges; 22 percent of HCPD clients were found not guilty at trial.”

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    gramercypoliceAndy Cush
    3/08/16 12:16pm

    You’d think they could fund it out of their civil forfeiture racket.

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      Not A Burner 4 - The Final Burnergramercypolice
      3/08/16 12:21pm

      When the people don’t have anything to forfeit, you can’t make money from civil forfeiture.

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      Cherith Cutestorygramercypolice
      3/08/16 12:22pm

      Most places that money runs right to the police and DA. They’d never risk it getting into anyone else’s hands.

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    JoshDigiAndy Cush
    3/08/16 12:14pm

    Louisiana: Visit a Third World Country Without Leaving America!

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      tuna_sushiJoshDigi
      3/08/16 12:16pm

      no, those are Indian Reservations.

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      IdontgethowthisworksJoshDigi
      3/08/16 12:32pm

      It literally is. I was in Havana last month and kept thinking how reminiscent it was of New Orleans, except with fewer homeless people and no barbed wire or glass shards on top of the walls around people’s yards. Saw that in Lima, but the infrastructure in Peru is too well-maintained for it to be reminiscent of Louisiana.

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    jezbannedAndy Cush
    3/08/16 1:29pm

    Who cares?

    That is not meant to be personally dismissive, because this is a hugely important issue to me, but this is not an issue that is on the radar screen of the average American. Accused criminals don’t make a particularly compelling group to advocate for, no matter how big the due process violation. Most people just don’t have sympathy for people who get seriously caught up in the criminal justice system. The average, middle to upper class white American’s experience is probably limited to a DUI arrest or a mild possession charge or a bar fight where they got a lawyer from a billboard, said the right things, and did the community service or whatever. If the average middle class white American has a family member or friend who has done serious jail time, it’s probably someone they just consider a fuck up.

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      Hello_Madam_Presidentjezbanned
      3/08/16 7:08pm

      because this is a hugely important issue to me

      Huh, that’s hard to tell based on your screed about how these people don’t matter at all in society.

      The rest of us middle class people with a brain (and a little empathy) understand that a system designed to fuck over poor people is just going to result in more crime, more poverty, and a shittier life for almost everyone.

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      jezbannedHello_Madam_President
      3/08/16 8:01pm

      I’m glad you have empathy, and you obviously understand the issue. You’re a good person. It is not surprising that a Gawker commenter would have this perspective. You don’t represent a typical middle or upper class white American. The point of my post, which may not have been entirely clear, was to explain why, despite the fact that things like this are a horrible violation of people’s rights, they will never become a campaign issue. Candidates just aren’t going to spend time suggesting that we allocate $4 billion of federal money for criminal defense. That is just not going to gain political traction, because most Americans aren’t like you and don’t really give a shit about the due process rights of accused criminals. I wish that weren’t the case, but it is.

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    Ned FreyAndy Cush
    3/08/16 12:40pm

    maybe some federal money could help shore up the budget

    So jerks like Jindal gut the public defender funding in their own states, and federal taxpayers like me have to pick up the tab? Sure, that sounds fair.

    How about tying any federal funds to a required commitment from states to kick in more funding as well?

    I don’t mean to sound harsh, but doesn’t stepping in with federal money to replace the state funding Jindal took away simply reward and encourage his heartless and miserly behavior?

    (Of course, I don’t want poor people to go without criminal justice. So there are no easy answers, I guess ...)

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      Ned FreyNed Frey
      3/08/16 12:42pm

      x

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      Cool yer heels, MabelNed Frey
      3/08/16 12:47pm

      This needs way more stars.

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