States Force Prisoners to Pay for Stay

#55
#55
lawgator1 said:
What is your proposal?
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For starters at the state level:

No more elected DAs. Appointment by mayor/city/county commission or a rotation through the local BAR.
DA has to set a budget for every prosecution and whatever that # is the defense gets the same amount. If the state wants to prosecute you they should pay for the privilege.
No more "perp walks" and forbid the prosecution from discussing the case in public or with the press. This includes the police.
 
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#56
#56
hog88 said:
For starters at the state level:

No more elected DAs. Appointment by mayor/city/county commission or a rotation through the local BAR.
DA has to set a budget for every prosecution and whatever that # is the defense gets the same amount. If the state wants to prosecute you they should pay for the privilege.
No more "perp walks" and forbid the prosecution from discussing the case in public or with the press. This includes the police.
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So you believe in court trials where the police, the media and the people charged can’t talk about what’s going on? Lol like secret back door courts with no public access or knowledge? Not to mention the absurdity of using taxpayer money to give to rich drug dealers and celebs to defend themselves with
 
#57
#57
Rickyvol77 said:
So you believe in court trials where the police, the media and the people charged can’t talk about what’s going on? Lol like secret back door courts with no public access or knowledge? Not to mention the absurdity of using taxpayer money to give to rich drug dealers and celebs to defend themselves with
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No. The defense should be able to talk as much as they want.

We know you think justice is absurd.
 
#60
#60
I am confused….

We all want to cut spending but when a criminal is placed in jail and has the means via work to make money and the jail charges him for the living cost and food this is wrong?

Stop sending low level none violent criminals to jail but if you are a murderer in jail for life why must we as a society bear that living cost?
 
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#61
#61
NEO said:
I am confused….

We all want to cut spending but when a criminal is placed in jail and has the means via work to make money and the jail charges him for the living cost and food this is wrong?

Stop sending low level none violent criminals to jail but if you are a murderer in jail for life why must we as a society bear that living cost?
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If they are afforded employment with sufficient pay to cover the cost of incarceration I'm good with it. If not then no we shouldn't be charging prisoners for their time at the Iron Bar Hotel.
 
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#62
#62
hog88 said:
They're not criminals until they are convicted, you always forget that.
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How about a modification.

Matching financial resources but if the client loses he is on the hook for all legal cost and if he wins the prosecution is on the hook for all legal cost.

This would make the state stop bringing stupid cases.
 
#63
#63
hog88 said:
If they are afforded employment with sufficient pay to cover the cost of incarceration I'm good with it. If not then no we shouldn't be charging prisoners for their time at the Iron Bar Hotel.
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Fair. I can agree to that. They keep the excess minus normal taxes.
 
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#64
#64
hog88 said:
If they are afforded employment with sufficient pay to cover the cost of incarceration I'm good with it. If not then no we shouldn't be charging prisoners for their time at the Iron Bar Hotel.
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If the person commits a crime and the lawful sentence is time in jail, why should the rest of us pay for their upkeep in that time? Why is it not okay to have them pay for their own expense of living ?
 
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#65
#65
NEO said:
How about a modification.

Matching financial resources but if the client loses he is on the hook for all legal cost and if he wins the prosecution is on the hook for all legal cost.
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No. The state can and does financially destroy people during prosecution, way too many people accept BS plea deals because they can't afford a defense and keep a roof over their families heads.
 
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#66
#66
lawgator1 said:
If the person commits a crime and the lawful sentence is time in jail, why should the rest of us pay for their upkeep in that time? Why is it not okay to have them pay for their own expense of living ?
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Great, all for it if they are afforded the means to earn sufficient wages while incarcerated.

We taxpayers should be pushing candidates that will vote to stop the mass incarceration of non-violent offenders. Until then we should pay for our decision to be "tough on crime".
 
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#67
#67
hog88 said:
No. The state can and does financially destroy people during prosecution, way too many people accept BS plea deals because they can't afford a defense and keep a roof over their families heads.
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The only way you do this is by changing the entire public defender set up. The client can pick anyone he chooses and the firm must accept and work based on public defender set fees. There could be a tiered scale for fees but that’s the only way I see a change. Via the PD.
 
#69
#69
NEO said:
The only way you do this is by changing the entire public defender set up. The client can pick anyone he chooses and the firm must accept and work based on public defender set fees. There could be a tiered scale for fees but that’s the only way I see a change. Via the PD.
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It goes beyond just attorneys fees. Do PDs get to hire or have access to investigators, expert witnesses, independent testing?
 
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#70
#70
hog88 said:
They're not criminals until they are convicted, you always forget that.
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but again why should taxpayers pay for expensive criminal defense for a terrorist or rapist or murderer? It’s a ridiculous notion
 
#71
#71
lawgator1 said:
In my work representing Florida Sheriffs I am very familiar with how this really works. The statute allows a county for example to recover $50 per day of an offender's sentence. The statute also allows the Sheriff to assert the right to recover the fee as a counterclaim for a civil claim by the inmate.

For example, we have inmates suing over slip and falls in the jail. We counterclaim for costs of incarceration to offset it. I can tell you a lot of them are not very bright. These common areas of cells are on video. We've had a couple obviously set up the slip and falls and it's pretty obvious. Have one now where two inmates are at a table and one gets up and walks away, then with this exaggerated action "slips and falls." His accomplice then casually spilled water in the area.

Not saying they are all like that, but you have to realize that a substantial majority of the people in jail are, in fact, criminals and willing to take advantage and lie whenever they can make a buck.

I have no problem asserting counterclaim against them.

I've also never in 25 years, heard of a Sheriff actually collecting a cent of it, by targeting those who can pay or otherwise.

Many things to complain about with criminal justice system. I agree on drug offenses for example. This ain't one of them.
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Damn I hate agreeing with you but I do on this one. Thank you for your work defending Florida Sheriffs and their employees.
 
#73
#73
Rickyvol77 said:
but again why should taxpayers pay for expensive criminal defense for a terrorist or rapist or murderer? It’s a ridiculous notion
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So, since they were charged with a crime, you assume they are guilty and the public assumes no expenses related to proving their innocence?
 
#74
#74
VolStrom said:
So, since they were charged with a crime, you assume they are guilty and the public assumes no expenses related to proving their innocence?
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Again are you ok with your taxpayer money going to OJ Simpson or Donald Trump to pay for an expensive lawyer? How about a Dylan Roof or Timothy McVeigh?
 
#75
#75
Rickyvol77 said:
Again are you ok with your taxpayer money going to OJ Simpson or Donald Trump to pay for an expensive lawyer? How about a Dylan Roof or Timothy McVeigh?
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Yep. I've seen what the DA does to people with little to no money. They want a quick guilty plea or judicial diversion when a public defender is responsible for their defense and if they had a competent attorney they might not get charged at all.
 
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