Saturday, March 16, 2013

Why it's one law for the rich in America and McJustice for the rest

Fifty years after the supreme court ordered states to provide legal counsel to all, Americans still only get the justice they can afford

David A Love
guardian.co.uk, Thursday 14 March 2013 10.30 EDT
With an historic vote in the state senate for repeal of that state's death penalty statute, Maryland is on track to become the 18th US state to abolish capital punishment. As much as such repeals are worth celebrating, though, they reform just one aspect of a criminal justice system in which poor defendants are provided shoddy, substandard legal representation, if any at all, and innocent people are convicted and imprisoned and, on occasion, may even have been executed.

Coincidentally, 18 March marks the 50th anniversary of the landmark US supreme court decision in Gideon v Wainwright, which ruled that states under the 14th amendment must provide counsel to criminal defendants who cannot afford a lawyer. The right to counsel already existed in federal criminal prosecutions under the sixth amendment, but the supreme court forcefully reiterated that.

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