Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: ex con
Suppose a person is duly convicted of a crime beyond a reasonable doubt following a painstaking trial that costs the taxpayers of the state $150,000 including the costs of a court-appointed attorney for the offender. As part of that trial it is proved beyond a reasonable doubt that the offender caused property damage to an innocent victim.

Now suppose the state initiates a civil restitution proceeding to recoup the costs of the damages on behalf of the victim. The criminal complains he can't understand the proceedings and ought to have his court-appointed attorney (at a cost of $10,000) to help him out.

Now suppose the criminal suffered personal injuries of his own when he slipped on a banana peel left lying on his victim's sidewalk. The neighbor is a man of modest means and cannot afford to retain an attorney. All he owns is his home but that's sufficient to entice a bottom-feeder lawyer to represent the criminal on a 40 percent contingency fee arrangement based on the assumed value of the home. The criminal sues the victim. The victim complains he can't understand the proceedings and asks for a court-appointed attorney (at a taxpayer cost of $10,000) to represent him.

Which, if either, of these two men has a Constitutional right to an attorney? Why?

154 posted on 05/29/2002 4:22:45 PM PDT by Kevin Curry
[ Post Reply | Private Reply | To 148 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson