Article: 910 of alt.activism // Date: 16 Jul 90 04:04:36 GMT
From: wcs@cbnewsh.att.com (Bill Stewart 201-949-0705 erebus.att.com!wcs)
[misc.legal,alt.activism,alt.conspiracy,misc.headlines,talk.politics.misc]
Subject: Re: Bye, bye, 6th
Keywords: public defenders, 6th Amendment, Bill of Rights, War on Drugs, Sh*t

In article <935@flash.UUCP> bill@flash.UUCP (bill) writes:
]}Does anyone else find this as scary as me? 
]Yes!  (and thank you, Andrew, for posting this!)
]...
]Sooo...  if you're *accused* of drug offences,  you no longer have a Sixth
]Amendment right to the assistance of counsel. What issue of easy political
]popularity will be next, I wonder: child abuse cases?  Crimes against women
]or the elderly?  Flag desecration?

Well, one such crime is "interfering with an officer" in Marlboro NJ,
especially if the way you've chosen to interfere with the officers is
to photograph them acting improperly.  The judge's definition of "able
to afford a lawyer" is "do you have a job?".

So I had to pay $1500 to my lawyer, because the potential penalty was
six months in jail as well as $1000 fine, and the town had no
intention of reimbursing me when they dropped the charges nine months
later.  As the cop said just before he arrested me, "You think this is
funny?  We'll show you how funny it is!"  Guess he was right.

Another crime for which you aren't entitled to a lawyer AT ALL in
Marlboro is refusing to give them your Social Security Number when
they're booking you "resisting arrest", even after you've reminded
them of the Federal Prvacy Act of 1974 and asked to see your lawyer,
who's out in the next room.  As the sergeant said, "This isn't a
Miranda issue - we haven't charged you with resisting arrest yet.
After you've given us your number, we'll be through booking you, and
then you can see your lawyer."

Essentially, Constitutional rights don't usually prevent the
government from doing things to you if they feel like it; they only
cover what you can try to force them to fix up later.  That's illegal,
immoral, unfair, disgusting, and contrary to the letter and spirit of
the Constitution, but that's the way it is.

				Thanks;  Bill
# Bill Stewart 201-949-0705 erebus.att.com!wcs
# AT&T Bell Labs 4M-312 Holmdel NJ 07733
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