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> Supreme Court To Clarify 6th Amendment
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scottish2 
Posted: 22-Jan-2004, 09:43 AM
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This quote out rages me that a SUpreme Court Justices would say such a thing. If a persons pleading not guilty why should he confess to a crime he/she's saying they didn't committ

QUOTE (Justice Antonin Scalia)
"We want to encourage people to confess," Justice Antonin Scalia said. "Why do we want to encourage them to hire a lawyer so they will get off on an irrelevancy?"
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andylucy 
Posted: 25-Jan-2004, 01:25 AM
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Tovar had asked for a court-appointed attorney after his first arrest but was turned down because he didn't qualify for free legal help and he decided to represent himself.


OK, where is the problem with this? If he isn't indigent, why should I pay for a lawyer for him? If I get in trouble, I will hire a lawyer myself, because it isn't anyone else's responsibility to pay for it for me. I am not indigent.


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"Why do we want to encourage them to hire a lawyer so they will get off on an irrelevancy?"


Huh? I always thought that it was up to the state to PROVE that the accused was guilty. If he won't plea to the charge, well, we go to trial. That is what the system is about. If the state can't prove it, without a confession, the accused goes free.

But in a way, I understand what the flap is about. It is hard for me to feel pity for anyone today who doesn't know that they need a lawyer in court. Ignorance of ones rights is no excuse, in my mind. If someone is cocky (or cheap) and tries to go it alone, on their head be it. They should know the consequences of proceeding without counsel. The media is too pervasive in its influence for the ignorance argument to be valid.

**In the style of Who Wants To Be A Millionaire**

Judge: Well, we have a defendant in the hot seat. Now the first question: Do you want an attorney to represent you?

Defendant: Hmmm. It is so easy to answer at home. Errr... no. I will defend myself.

Judge: Is that your final answer?

Defendant: Can I use a lifeline?

Judge: Absolutely. Just ask for an attorney, and the hearing will be delayed while you get counsel.

Defendant: Uhhh..... no. I will defend myself.

Judge: Is that your final answer?

Defendant: Uhhh.............................yes. biggrin.gif

Just my tuppence.

Andy


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Just my tuppence.

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Never drink to excess; you might shoot at a tax collector and miss. - Robert A. Heinlein

Quis custodiet ipsos custodes.

TANSTAAFL

If a person doesn't believe in something, he'll soon believe in anything. - G. K. Chesterton

9-1-1: state sponsored Dial-A-Prayer
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scottish2 
Posted: 25-Jan-2004, 06:35 AM
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I thik it should still be a requirenment before any trial where the defendant is his own counsel. I mean it takes but 2 seconds and would solve any issue.

And you'rw right it's suppose to be innocent until proven guilty but lately it seems to be guilty until proven innocent. And just my 2 cents how many times does an innocent man/woman sit in jail waiting months for his/her trial and does the innocent person ever get compensated for the loss of work maybe even his/her job and the loss of his/her time for the prosection getting it wrong. I know some disagree with this next statement but if it's upto the prosectution to prove I am guilty of a crime then why am I being locked up before I have been proven to be guilty?
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maisky 
Posted: 25-Jan-2004, 09:35 PM
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QUOTE (scottish2 @ Jan 25 2004, 06:35 AM)
I thik it should still be a requirenment before any trial where the defendant is his own counsel. I mean it takes but 2 seconds and would solve any issue.

And you'rw right it's suppose to be innocent until proven guilty but lately it seems to be guilty until proven innocent. And just my 2 cents how many times does an innocent man/woman sit in jail waiting months for his/her trial and does the innocent person ever get compensated for the loss of work maybe even his/her job and the loss of his/her time for the prosection getting it wrong. I know some disagree with this next statement but if it's upto the prosectution to prove I am guilty of a crime then why am I being locked up before I have been proven to be guilty?

With our homeland security department in action, the guilt or lack of it is not involved....Our rights under the Constitution are pretty well gone.... sad.gif


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scottish2 
Posted: 25-Jan-2004, 09:39 PM
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Tell me about it was wasing Communist News Network AKA CNN this afternoon and this guy who is accused of stealing the winning lotery tickets now has to prove he didn't according to CNN. Nothing about the prosecution having to prove he did it he supposedly has to prove he didn't. This is truely a sad state of affairs when the news reports it the government way. sad.gif
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kevsen 
Posted: 26-Jan-2004, 11:41 PM
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QUOTE (scottish2 @ Jan 25 2004, 09:39 PM)
Tell me about it was wasing Communist News Network AKA CNN this afternoon and this guy who is accused of stealing the winning lotery tickets now has to prove he didn't according to CNN. Nothing about the prosecution having to prove he did it he supposedly has to prove he didn't. This is truely a sad state of affairs when the news reports it the government way. sad.gif

I don't think we will agree too much with each other on political issues, but I'm with you here.


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"Come forth!" they cried. "Let the Lord of the Black Land come forth! Justice shall be done upon him. For wrongfully he has made war upon Gondor and wrested its lands. Therefore the King of Gondor demands that he should atone for his evils, and depart then for ever. Come forth!"
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scottish2 
Posted: 27-Jan-2004, 06:03 AM
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Oh you might just be surprised. I never expected to agree as much as we all seem to do here. I mean we all have items we disagree on but when it all comes down I would say we all see to agree more then disagree. smile.gif
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