Current Events > Louisiana can't afford to pay public defenders

Topic List
Page List: 1
Antifar
05/14/17 7:27:48 PM
#1:


http://www.thedailybeast.com/articles/2017/05/12/louisiana-can-t-afford-to-pay-for-jailhouse-lawyers-so-inmates-are-pleading-guilty?via=twitter_page

Michael Carter has spent more than a year and a half in jail waiting for a trial. Even still, the 27-year-old smiles easily when telling his story. His face is framed by an 8-by-4 inch window that separates the inmates at East Baton Rouge Parish Prison from their visitors. Like most people standing in the caged area of the visiting room, Carter is black.

In August 2015, Carter was arrested for being a felon in possession of a gun and indecent behavior with a juvenile. On the outside, Carter struggled to find a steady job. He occasionally picked up shifts as a mechanic, but it barely paid the bills—and certainly didn’t cover the cost of a defense lawyer. So when Carter got locked up, he waited until he could meet with a court-appointed lawyer who could help mount his defense. Finally, after three months, Carter met his counsel during his arraignment.

Carter said he has barely seen him since.

“He hasn’t come to visit me once,” Carter claims, adding the attorney hasn’t conducted interviews or done anything to investigate the circumstances surrounding his charge. In a December court date, the district attorney and the defender jointly requested and received a continuance, yet again pushing back a decision on Carter’s fate. The lawyer didn’t speak to Carter again. (The East Baton Rouge public defender office didn’t reply to a request for comment.)

“The public defender,” he sighs, “they don’t do anything for you.”

Carter’s story is all too familiar in Louisiana, where 85 percent of people accused of a crime are poor. Black people are jailed at a rate four times that of white people (PDF). Paying for their defense is a system funded primarily through fines and fees instead of tax dollars.

Louisiana is the only state that funds its public defenders this way, and with 250,000 annual cases, the system has collapsed. The median amount spent on public defense per case was just $238 in 2016 (PDF). The crunch is so severe that three-quarters of public defender districts quit accepting certain new clients last year.

So a small coalition of lawyers started plotting a response. On Feb. 6, after nearly a year of research and planning, the legal team, an unlikely union comprised of civil rights attorneys and an elite New York corporate firm, filed a class action lawsuit on behalf of Carter and 12 other inmates against a slew of state actors. Just last week, the team submitted a motion to certify the class. If the motion is granted, the lawsuit will be the largest of its kind ever.

The suit aims to blow the whistle on an open secret: that Louisiana has systematically denied poor people their constitutional right to criminal defense. The plaintiffs are requesting the creation of a court-appointed monitor to oversee statewide public defense until reforms are enacted to fix it. Put simply, the class action may be a tentative first step toward more equal criminal justice for poor people, like Michael, in the state that has become the epicenter for America’s mass incarceration crisis.

In 1963, the Supreme Court established the right to counsel in Gideon v. Wainwright (or as cops are required to say, “You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”) Louisiana responded by doing the bare minimum to comply with the ruling. Local Indigent Defense Boards were created and financed solely through conviction fees. It wasn’t unusual for those working felony trials to receive just the equivalent of $500 today); lawyers with misdemeanor cases weren’t paid at all.

---
an aspirin the size of the sun.
... Copied to Clipboard!
gunplagirl
05/14/17 7:33:07 PM
#2:


This of course plays hand in hand with for-profit prisons. Disgusting that they do such things to thousands of poor black people who are likely not even guilty but unable to have any defense to improve their odds of even getting a plea bargain.
---
Pokemon Moon FC: 1994-2190-5020
IGN: Vanessa
... Copied to Clipboard!
Blue_Inigo
05/14/17 7:35:50 PM
#3:


The system continues to work against black people
---
"This is your last dance."
... Copied to Clipboard!
prince_leo
05/14/17 7:37:05 PM
#4:


... Copied to Clipboard!
yem69420
05/14/17 7:38:19 PM
#5:


I feel that Alabama (and Mississippi) get too much hate for being shithole southern states while for some reason no one ever mentions the murder/crime rates in Louisiana. There's parts of east N.O. you couldn't pay me to walk through at 8 am on a sunday. Hell I'll go to Harlem NY after dark and not be half as scared.
---
psn, steam id: yem69420 origin id: yemman 360/xbone gt/uplay: cjpitt1985
... Copied to Clipboard!
glitteringfairy
05/14/17 7:39:12 PM
#6:


Because they are to busy wasting money trying to tear down statues
---
"How come you can believe in God but not Bigfoot?" V-E-G-Y http://i.imgur.com/AqR3aeX.jpg http://i.imgur.com/vvuUXpp.jpg
... Copied to Clipboard!
southcoast09
05/14/17 7:39:24 PM
#7:


Louisiana is, has always been, and will always be, corrupt as you can imagine. It was a relief to move.
---
Donald Trump 2020!
"... and when you accept Pepe into your heart, you will truly be saved and can dwell in the house of Kek." Malik Obama
... Copied to Clipboard!
yem69420
05/14/17 7:39:28 PM
#8:


Blue_Inigo posted...
The system continues to work against black people


"Stop murdering each other so we can adequately represent you in a court of law please"
---
psn, steam id: yem69420 origin id: yemman 360/xbone gt/uplay: cjpitt1985
... Copied to Clipboard!
Glass_Phantom
05/14/17 7:41:20 PM
#9:


It's a sad situation, and even sadder is that many "law and order" voters will choose to defend this sacrifice. They'll ask, "Why are we wasting money defending criminals when we could be spending that money educating our children...?" all the while failing to take into account the social cost of this, or the economic injustice of it, or the fact that the Constitution doesn't grant permission for people to suffer without legal counsel.
... Copied to Clipboard!
gunplagirl
05/14/17 7:43:46 PM
#10:


glitteringfairy posted...
Because they are to busy wasting money trying to tear down statues

That's actually being paid for by the state and not by fines collected from tickets and other infractions.
---
Pokemon Moon FC: 1994-2190-5020
IGN: Vanessa
... Copied to Clipboard!
yem69420
05/14/17 7:49:18 PM
#11:


gunplagirl posted...
glitteringfairy posted...
Because they are to busy wasting money trying to tear down statues

That's actually being paid for by the state and not by fines collected from tickets and other infractions.


government money is government money when it really comes down to it. doesn't matter what deck the cards come out of to a certain extent. if the state wasn't wasting money tearing down memorials then they'd be able to give municipal courts more money.

this is what happens when the whole world figures out you let murderers off after 60 days instead of actually charging them
---
psn, steam id: yem69420 origin id: yemman 360/xbone gt/uplay: cjpitt1985
... Copied to Clipboard!
Axiom
05/14/17 7:51:00 PM
#12:


yem69420 posted...
Blue_Inigo posted...
The system continues to work against black people


"Stop murdering each other so we can adequately represent you in a court of law please"

"Who cares about the sixth amendment and the right to counsel"
... Copied to Clipboard!
yem69420
05/14/17 7:52:18 PM
#13:


Axiom posted...
yem69420 posted...
Blue_Inigo posted...
The system continues to work against black people


"Stop murdering each other so we can adequately represent you in a court of law please"

"Who cares about the sixth amendment and the right to counsel"


"lets just let them go after 60 days because we have a fuckin warzone on our hands"
---
psn, steam id: yem69420 origin id: yemman 360/xbone gt/uplay: cjpitt1985
... Copied to Clipboard!
Antifar
05/14/17 7:59:53 PM
#14:


yem69420 posted...
"lets just let them go after 60 days because we have a fuckin warzone on our hands"

You are exaggerating the extent to which this is a thing that allows killers to get off free. https://www.reddit.com/r/NewOrleans/comments/41ocsw/does_the_60_day_murder_still_happen_in_nola/?st=j2pd08c4&sh=f021688e
http://www.theadvocate.com/baton_rouge/news/crime_police/article_209f9030-41bd-570b-b32e-e7fd7ab87252.html
---
an aspirin the size of the sun.
... Copied to Clipboard!
yem69420
05/14/17 8:09:18 PM
#15:


no, not really exaggerating (I know lack of witnesses and shit usually end up getting them cut)

i'm just saying, it is so fucking bad there, it is no wonder we can't get due process there

public defenders are shit anyway lol. pd=long sentence

i'm not against the courts, but fuck what should we do? make it like DC where the fed courts deal with it? hell the federal government doesn't have enough bullshit on their hands, just throw some more money down the toilet.

can't put more money into law enforcement because that would cause more civil unrest lol
---
psn, steam id: yem69420 origin id: yemman 360/xbone gt/uplay: cjpitt1985
... Copied to Clipboard!
Steve Nick
05/14/17 8:09:40 PM
#16:


they can afford to pay prosecutors tho?
---
This is my signature.
... Copied to Clipboard!
Gids_goft
05/14/17 8:10:46 PM
#17:


Steve Nick posted...
they can afford to pay prosecutors tho?

No expense spared at tossing black people in jail.
... Copied to Clipboard!
PoopMcgee420
05/14/17 8:11:45 PM
#18:


glitteringfairy posted...
Because they are to busy wasting money trying to tear down statues

This
---
"Larry Brown has never won a championship." - bond21
Trump is my president.
... Copied to Clipboard!
yem69420
05/14/17 8:12:48 PM
#19:


Steve Nick posted...
they can afford to pay prosecutors tho?


this is a good point.

only difference is the prosecutor isn't some random lawyer that does something different, they work 24/7 for the government whereas a pd just does it because they usually have to in order to practice law in their town. one collects a salary and the other is paid case by case
---
psn, steam id: yem69420 origin id: yemman 360/xbone gt/uplay: cjpitt1985
... Copied to Clipboard!
PoopMcgee420
05/14/17 8:13:53 PM
#20:


Gids_goft posted...
Steve Nick posted...
they can afford to pay prosecutors tho?

No expense spared at tossing black people in jail.

Yup lets not blame criminals
---
"Larry Brown has never won a championship." - bond21
Trump is my president.
... Copied to Clipboard!
Gids_goft
05/14/17 8:17:45 PM
#21:


PoopMcgee420 posted...
Gids_goft posted...
Steve Nick posted...
they can afford to pay prosecutors tho?

No expense spared at tossing black people in jail.

Yup lets not blame criminals

Don't want anything pesky like due process or the constitution getting in the way of tossing the blacks behind bars.
... Copied to Clipboard!
Kirby
05/14/17 8:21:30 PM
#22:


Public Defenders and Prosecutors having heavy case loads is nothing new and not just in Louisiana. If you can, go shadow one for a day. The majority of the time they get about 5 minutes to talk with a client before they move on to the next case. They have too many cases to deal with to spend copious amounts of time on any one case.
---
Bender: You know, I was God once.
God: Yes, I saw. You were doing well until everyone died.
... Copied to Clipboard!
QuantumScript
05/14/17 8:22:41 PM
#23:


Gids_goft posted...
PoopMcgee420 posted...
Gids_goft posted...
Steve Nick posted...
they can afford to pay prosecutors tho?

No expense spared at tossing black people in jail.

Yup lets not blame criminals

Don't want anything pesky like due process or the constitution getting in the way of tossing the blacks behind bars.


It's pretty racist that you think it's just black people who need public defenders
... Copied to Clipboard!
Antifar
05/14/17 8:24:14 PM
#24:


No one's saying (or at least, they should not be saying) that everyone affected here is innocent, but the thing about our constitution is that it applies to the guilty, too.
---
an aspirin the size of the sun.
... Copied to Clipboard!
Tmaster148
05/14/17 8:24:57 PM
#25:


Kirby posted...
Public Defenders and Prosecutors having heavy case loads is nothing new and not just in Louisiana. If you can, go shadow one for a day. The majority of the time they get about 5 minutes to talk with a client before they move on to the next case. They have too many cases to deal with to spend copious amounts of time on any one case.


The issue with Louisiana is that they pay for the public defenders from money made by sentencing people guilty. It's a conflict of interest and has helped create a system that pretty much sends poor people to jail, because their defenders want to get paid for their time and thus need you to be guilty.

Louisiana is basically stepping on people's rights to a public defender.
---
... Copied to Clipboard!
PoopMcgee420
05/14/17 8:25:12 PM
#26:


Gids_goft posted...
PoopMcgee420 posted...
Gids_goft posted...
Steve Nick posted...
they can afford to pay prosecutors tho?

No expense spared at tossing black people in jail.

Yup lets not blame criminals

Don't want anything pesky like due process or the constitution getting in the way of tossing the blacks behind bars.


Tagged as racist
---
"Larry Brown has never won a championship." - bond21
Trump is my president.
... Copied to Clipboard!
PoopMcgee420
05/14/17 8:26:28 PM
#27:


Blue_Inigo posted...
The system continues to work against black people


Tagging @Blue_Inigo as racist
---
"Larry Brown has never won a championship." - bond21
Trump is my president.
... Copied to Clipboard!
yem69420
05/15/17 1:30:06 AM
#28:


QuantumScript posted...
It's pretty racist that you think it's just black people who need public defenders


people that are always crying about racism are usually the most racist themselves in my experience.
---
psn, steam id: yem69420 origin id: yemman 360/xbone gt/uplay: cjpitt1985
... Copied to Clipboard!
Axiom
05/15/17 1:33:41 AM
#29:


yem69420 posted...
QuantumScript posted...
It's pretty racist that you think it's just black people who need public defenders


people that are always crying about racism are usually the most racist themselves in my experience.

And here I thought liberals were the ones that cried racist when they have no defense
... Copied to Clipboard!
yem69420
05/15/17 1:55:59 AM
#30:


Axiom posted...
And here I thought liberals were the ones that cried racist when they have no defense


well it goes both ways

but liberals usually use the "nazi" or "fascist" shit when they have no defense. They called still call Trump a racist without any real proof, but they call Trump a lot of things without any real proof so...
---
psn, steam id: yem69420 origin id: yemman 360/xbone gt/uplay: cjpitt1985
... Copied to Clipboard!
Topic List
Page List: 1