Archive for June 14th, 2008

Justice for All

June 14, 2008

Justice for all.  Isn’t that a nice concept?  Our society has a pretty good justice system, certainly better than many in history or around the world, but it does seem to favor the wealthy.  How could it be better?

What if all lawyers involved in criminal cases were government employees?  This could be funded by setting up a sliding scale fee charged to the people who need to use defense lawyers.  The more you can afford, the more you pay, with a reasonable cap of course.  Lawyers would be assigned by the state with no regard to the individuals ability to pay.

The prosecuting attourney would seek to discover and prosecute guilty individuals.

The defense attourney would seek to protect individuals from being unfairly treated in the investigation and prosecution of crimes.  If they are guilty of a crime then the role would be to see that they are not unfairly punished, to bring to light all mitigating circumstances.  

The goal of both the prosecuting attorney and the defense attorney would be the same…justice.  When a crime is committed , then the guilty party is reasonably punished.

As it is now the lawyers duty is to their client.  They use the rules of the system to the best advantage of their client.  The best lawyers receive high compensation for their work.  The more money you have at your disposal the better your chances are at getting away with crime. 

That is not just. 

If the lawyers first duty was to pursue justice for all, our criminal justice system would look a little different than it does today.

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