Are We All Equal?
Anyone who has ever watched a crime scene on tv has probably heard the Miranda rights that were established in the 1963 Supreme Court case, Miranda v. Arizona. The Miranda rights are: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."
In a New York Times article called: Right to Lawyer Can Be Empty Promise for Poor, I was very surprised to learn that this law only applies to criminal cases. The article states that 80 % of the legal needs of the poor are not met. Three examples were given in the article. In one case, a poor man could no longer afford his child support payments. He ended up serving 17 months in a Georgia jail because there was no lawyer to advise him that he could come up with a payment plan. He was brought back to court in shackles on a monthly basis until he was able to contact a legal aid group for help. In another case, an 89 year old man living in a rent-controlled apartment for 43 years got into an argument with his landlord. He was almost evicted because he represented himself and could not afford a lawyer.
The article also quotes a judge who says that he believes that the right to a lawyer should be extended to procedures where a person faces the potential loss of liberty even if it isn't a criminal case. I completely agree. It does not make sense that parents can lose their children and that people can lose their homes just because they do not have someone representing them that knows the law and the court system. The United States ranks 66th out of 98 country when it comes to providing legs services to the poor. That is a pretty sad commentary on how little progress we have made since the Miranda rights became law 50 years ago.
JR, Good job blogging this term (after taking Feb off!). This post features a tremendously important topic. (See Gideon Revisited for a spate of similar stories). Link to the article. Cite and analyze. How about a picture to accompany this post? This is a good start toward a potentially very good post.
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