Public Defender, Day 2

my last two days of training at the public defender's office have been peppered with moments of panic.

the extremely-inappropriately-dressed/boobalicious attorney who talked to us yesterday was outraged at the statutes requiring mandatory jail time for fourth-time convictions... of prostitution, domestic violence, DUI.

you know, at some point, a person deserves to serve a few months in jail. possibly at the point which that person is convicted four times for the same crime. STOP BEATING YOUR WIFE.

thankfully, the presenters today were a little more encouraging. apparently, the PD's office is split into 2 camps. members of the 1st feel that their duty is to protect the client's civil liberties, i.e. keep them out of jail, at all costs. NOT inspiring. although i definitely believe in protecting my clients' constitutional rights, there is no constitutional right to avoid the penal system. especially if you did it.

those in the 2d try to do what's best for the client. this will be me. sometimes this means letting him stay in jail -- for example, when there's a high chance that releasing them from custody will just lead to another arrest or to give him a chance to sober up. sometimes this means doing a little extra digging and sticking your neck out on a long-shot motion. sometimes this means passing up a decent plea deal just so your client can satisfy some inner need to go down fighting. or pulling some strings so he doesn't have to admit his guilt in front of his mother.

so i feel a little bit better ... when i'm not worried about the fact that my clients' futures rest in the hands of someone with zero trial experience and only a very basic knowledge of criminal law, at least i have a chance to do something worthwhile with this degree...