March 10, 2009

IT'S NOT JUST THAT THE ASSERTION ISN'T OBVIOUS...:

A Key Legal Right at Risk (Walter F. Mondale, March 10, 2009, Washington Post)

More than 45 years ago, as attorney general of Minnesota, I joined with the attorneys general of 21 states in asking the Supreme Court to ensure that counsel would be appointed for all people facing criminal charges who could not afford it. The court answered our plea. Yet today, its historic decision in Gideon v. Wainwright is at risk.

In Gideon, the Supreme Court ruled that Florida violated the Constitution when it refused to appoint counsel for Clarence Gideon, a defendant who lived in a rooming house and had just $25 to his name. The opinion recognized the "obvious truth" that "in our adversary system of criminal justice, any person hauled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him."


...but that the "right" is aconstitutional. If the Left wants it to be a right they should pass a Constitutional amendment.

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Posted by Orrin Judd at March 10, 2009 7:56 AM
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