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[av_heading heading=’Those who have less in life’ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”][/av_heading]
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Monday, February 13, 2017
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THERE ARE legitimate fears that in the reimposition of capital punishment, only destitute defendants would receive death sentences due to their inability to get effective legal representation.
Sadly, the quality of legal representation is still the single biggest factor that would determine whether a defendant receives or dodges the death sentence. There is a prevailing perception that moneyed people who are able to retain high-priced lawyers almost always escape conviction, or get the lesser punishment of 30 years imprisonment, and that only impoverished citizens inadequately represented at trial would get death sentences.
Assuming Congress decides to revive death verdicts for the worst criminal offenders, what should be done to address this concern?
There’s an interesting proposal from the House minority: create a “Capital Defense Unit” that would provide topnotch private attorneys, with the State footing the bill, to poverty-stricken persons who may be charged with death penalty eligible offenses in court. The rationale behind this is that the State should at the very least guarantee that nobody gets wrongfully doomed on account of his or her simply being poor and unable to obtain superior legal representation.
But we already have the Public Attorney’s Office (PAO) under the Department of Justice, right? Proponents say they do not want the PAO distracted from performing its usual job of providing free legal aid to indigent persons in ordinary criminal, civil, labor and administrative cases.
We don’t know how this proposal of the House minority will play out in Congress. But Section 11, Article 3 of the 1987 Constitution is clear enough: “Adequate legal assistance shall not be denied to any person by reason of poverty.”
Indeed, we have to ensure that disadvantaged individuals accused of capital felonies receive the best legal defense available. We have to acknowledge that in the real world, getting hold of adequate legal remedies has a price not everybody can pay. This is why the State has to come in and help defend those who have less in life.
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