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: A Public Defender's Life in Alaska

So, Anon # 2 in comments to the last post accused me of having a "narrow view" about our system. I tell you what. I will immediately retire from the practice of law and sign over everything I own to the first person who can point to the word "victim" in the Bill of Rights. It is not there. Granted, it is nonsensically included in the Alaska Constitution. There is an inherent conflict between the the presumption of innocence and "victims" having the same rights as an accused. That issue has yet to be hashed out in the Alaska Courts. The men that sat in this building (Independence Hall) when they wrote the Constitution were not concerned with "victims" or the fact that not all cops are bullies and thugs (although most are...I think it is about time to dedicate a post again to cops killing and abusing again...soon). Indeed the whole system is supposed to protect those accused of crime against the power of the Government. Who do you think the "people" are in the 4th Amendment? Who does search and seizure apply to? Who does "held to answer" apply to in the Fifth Amendment? What about double jeopardy? Not being compelled to be a witness? Due Process? In the Sixth Amendment who does a speedy and public trial right belong to? The right to an impartial jury? 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 defense? In the Eighth Amendment what about the right to bail nor can cruel and unusual punishments be inflicted? Go even further. Look at the presumption of innocence and the requirement of proof beyond a reasonable doubt that have been read into the Constitution. Who does that protect? The point is that my "narrow view" is the correct view at law. I am often frustrated about the fact that I am usually the only one in the courtroom who remembers that. Let's face it: only in a very, very, very small percentage of my cases is there a "victim". But in every one of my cases there is a poor person who is facing the might of the Government. Narrow view indeed. Anon #2 you would be wise to study the history of this country and the Constitution before you accuse me of having a narrow view.

Full post as published by A Public Defender's Life in Alaska on January 24, 2009 (boomark / email).