Unequal legal representation raises the risk of convicting the innocent.
Evidence
Because the effectiveness of the adversary system depends on a vigorous presentation of both sides, the imbalance of legal expertise between prosecution and defense in a case increases the possibility that innocent people will be convicted. … Recognizing this, the U.S. Supreme Court in 1938 ruled that criminal defendants in federal courts had a constitutional right to representation by counsel, even if they could not afford to pay a lawyer. … However, the most important step toward securing equal justice for indigent defendants was Gideon v. Wainwright (1963), which extended the right to counsel to all felony defendants in state courts, where the bulk of criminal prosecutions take place. — G. Alan Tarr, Judicial Process and Judicial…, 722
Categorization
- XREF: connects to: In political litigation lawyers rather than clients control the case’s strategy and aims. — G. Alan Tarr, Judicial Process and Judicial…, 757; Legality is more easily denied to the innocent than the guilty; Capital verdicts are often reversed due to inadequate counsel and condemned innocents — G. Alan Tarr, Judicial Process and Judicial…, 2050 (+4 more)
Broader Connections
- Capital verdicts are often reversed due to inadequate counsel and condemned innocents
#exemplifies(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2050 - The ratio of guilty acquitted to innocents convicted encodes a theory of error costs
#complicates(0.78) — Frederick Schauer, Thinking Like a Lawyer, 777 - Legality is more easily denied to the innocent than the guilty
#complicates(0.75) - Diversifying the judiciary can worsen in-group bias against defendants
#complicates(0.72)