Law Forum : Should an Attorney Always Be Requested

Discussion in 'Law Forum - Prisons - Gun Ownership' started by Destee, May 25, 2009.

  1. Destee

    Destee destee.com STAFF

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    Peace and Blessings Family,

    I see the tv shows, like 48 hours and such, and many of our people are displayed on there, being interrogated for crimes that will cost them the rest of their lives, and they never ask for an attorney!

    I know we're not attorneys and stuff ... but uuhhhhh ... shouldn't folk always ask for an attorney?

    :heart:

    Destee
     
  2. LindaChavis

    LindaChavis Well-Known Member MEMBER

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    Article I found relevant.....

    Court: Suspects can be interrogated without lawyer

    By JESSE J. HOLLAND
    Associated Press Writer


    WASHINGTON (AP) -- The Supreme Court on Tuesday overturned a long-standing ruling that stopped police from initiating questions unless a defendant's lawyer was present, a move that will make it easier for prosecutors to interrogate suspects.

    The high court, in a 5-4 ruling, overturned the 1986 Michigan v. Jackson ruling, which said police may not initiate questioning of a defendant who has a lawyer or has asked for one unless the attorney is present. The Michigan ruling applied even to defendants who agreed to talk to the authorities without their lawyers.

    The court's conservatives overturned that opinion, with Justice Antonin Scalia saying "it was poorly reasoned."

    Under the Jackson opinion, police could not even ask a defendant who had been appointed a lawyer if he wanted to talk, Scalia said.

    "It would be completely unjustified to presume that a defendant's consent to police-initiated interrogation was involuntary or coerced simply because he had previously been appointed a lawyer," Scalia said in the court's opinion.

    Scalia, who read the opinion from the bench, said the decision will have "minimal" effects on criminal defendants because of the protections the court has provided in other decisions. "The considerable adverse effect of this rule upon society's ability to solve crimes and bring criminals to justice far outweighs its capacity to prevent a genuinely coerced agreement to speak without counsel present," Scalia said.

    The Michigan v. Jackson opinion was written by Justice John Paul Stevens, the only current justice who was on the court at the time. He and Justices David Souter, Stephen Breyer and Ruth Bader Ginsburg dissented from the ruling, and in an unusual move Stevens read his dissent aloud from the bench. It was the first time this term a justice had read a dissent aloud.

    "The police interrogation in this case clearly violated petitioner's Sixth Amendment right to counsel," Stevens said. Overruling the Jackson case, he said, "can only diminish the public's confidence in the reliability and fairness of our system of justice."

    The Obama administration had asked the court to overturn Michigan v. Jackson, disappointing civil rights and civil liberties groups that expected President Barack Obama to reverse the policies of his Republican predecessor, George W. Bush.

    The Justice Department, in a brief signed by Solicitor General Elena Kagan, said the 1986 decision "serves no real purpose" and offers only "meager benefits." The government said defendants who don't wish to talk to police don't have to and that officers must respect that decision. But it said there is no reason a defendant who wants to should not be able to respond to officers' questions.

    Eleven states also echoed the administration's call to overrule the 1986 case.

    The decision comes in the case of Jesse Jay Montejo, who was found guilty in 2005 of the shooting death of Louis Ferrari in the victim's home on Sept. 5, 2002.

    Montejo was appointed a public defender at his Sept. 10, 2002 hearing, but never indicated that he wanted the lawyer's help. Montejo then went with police detectives to help them look for the murder weapon. While in the car, Montejo wrote a letter to Ferrari's widow incriminating himself.

    When they returned to the prison, a public defender was waiting for Montejo, irate that his client had been questioned in his absence. Police used the letter against Montejo at trial, and he was convicted and sentenced to death. He appealed, but the Louisiana Supreme Court upheld the conviction and sentence.

    The Supreme Court sent the case back for a determination of whether any of Montejo's other court-provided protections, like his Miranda rights, were violated.

    The case is Montejo v. Louisiana, 07-1529.

    © 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Learn more about our Privacy Policy.
     
  3. Shikamaru

    Shikamaru Well-Known Member MEMBER

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    It depends on the situation as well as how much knowledge you have on that area or aspect of law whether you should request an attorney or not.

    Acceptance of an attorney places the client under wardship and patronage of the attorney (as well as the court being the attorney is an officer of the court).
     
  4. skuderjaymes

    skuderjaymes Contextualizer Synthesizer MEMBER

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    I watch those shows too.. the only cases that make it to the screen are the
    ones that don't lawyer up so it gives the impression that no one asks for a
    lawyer.. I wish they would do like law and order and follow the case all the
    way through.. that aside.. I think those shows highlight the overwhelming
    desire to confess.. they seem to be relieved after they let it out.. like their
    is some sort of weight lifted.. even with a lawyer most of them take Plea-
    bargains..

    but to answer the question.. I say, yes.. if you are innocent. If you are
    guilty, you deserve whatever you get.​
     
  5. Kemetstry

    Kemetstry going above and beyond PREMIUM MEMBER

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    If they have any sense












    :em0200:


     
  6. Shikamaru

    Shikamaru Well-Known Member MEMBER

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    I need to do more research on the right to counsel.

    I suspect counsel is not exactly or always associated with an attorney.
     
  7. Destee

    Destee destee.com STAFF

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    Shikamaru ... do you mind sharing whether you are a Brother or Sister? I'd like to greet you accordingly.

    What you've said above, is frightening to me.

    There are so many different situations, and we don't seem to know enough about law to avoid its negative consequence, making this determination difficult at best.

    Then you add ... accepting the attorney ... means we are offering our wardship and patronage to the very court that is accusing us.

    Whew. That's deep.

    Thank you for sharing.

    :heart:

    Destee
     
  8. Destee

    Destee destee.com STAFF

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    Brother SkuderJaymes ... they do have shows where the folk request a lawyer up front ... yeah, they show that too.

    It seems, once you get in those interrogation rooms, it's going to be hard going with or without an attorney.

    I've even seen where they've had to put off the arrest of a suspect, because he didn't tell on his self (lawyered up), and they don't have enough evidence.

    But once you're in their sights, once they think you're involved or guilty, life probably won't be the same.

    Thanks for Sharing!

    :heart:

    Destee
     
  9. Shikamaru

    Shikamaru Well-Known Member MEMBER

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    I'm a Nubian man :)

    Studying and learning is your best bet along with learning from others. If you are really into it, you could form a law study group like many Caucasians do.

    An attorney calls his ward a client. This is the patron-client relationship from Roman Civil Law.

    Wardship is from the guardian-ward relationship.

    The offering of an attorney by the court is a benefit.

    There is a maxim of law that I frequently take heed of:
    He who accepts the benefit, suffers its burden.

    The attorney is an officer of the court given permission by that court to "practice law" within it. His first duty is to the court. The duty to you falls towards the bottom.
     
  10. Destee

    Destee destee.com STAFF

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    Yeah ... as bad as it sounds ... giving yourself over to your accusers ... it would be more difficult going it alone.

    Isn't that crazy ... you need one of their own team ... to fight their own team members ... on your behalf.

    Thanks!

    :heart:

    Destee
     
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