Re: Affording an attorney...
Jim Choate[SMTP:ravage@ssz.com] The last sentence most certainlly DOES say the state must pay for it, and in ALL criminal cases. That 'compulsory process' clause guarantees it.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Since there is no clause which states that I as the accused must pay for my own defence (which if you think about it for half a second goes against democratic philosophy in the first place, the burden is always on the accuser) I claim the right, under the 9th, that the state must pay.
The state wishes to disagree?
Much as I hate dirtying my hands by dipping into our current Choatian Black Hole, my reading of this is not that they *must* supply you with an attorney, but rather that the State cannot *deny* you one - if you show up with a lawyer, they cannot tell him to take a hike. Peter Trei
On Thu, 5 Apr 2001, Trei, Peter wrote:
Much as I hate dirtying my hands by dipping into our current Choatian Black Hole, my reading of this is not that they *must* supply you with an attorney, but rather that the State cannot *deny* you one - if you show up with a lawyer, they cannot tell him to take a hike.
Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. Where is the phrase 'can't deny'? It says 'and to have assistance of council for his defence', there are no conditionals in there. Further the state has a 'compulsory process' (look up the word compulsory) which clearly includes a lawyer. There is no statement that it is the defendent which must supply it. In fact NOTHING in this amendment addresses what the defendent MUST do at all. ____________________________________________________________________ We have to hate our immediate predecessors to get free of their authority. D.H. Lawrence The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage@ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------
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Jim Choate -
Trei, Peter