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Policy Ideas
| Lawyers must provide 50 hours of pro bono legal work within 2 years of being admitted to the bar. More detail | |
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| Congress should abolish the death penalty. More detail | |
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| The state of Michigan should establish a statewide public defender office. More detail | |
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| Tie post-judgment interest rates in New York state courts to the WSJ prime rate. More detail | |
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| Capital punishment only for people who commit murder in prison. More detail | |
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Arguments
Idea #US2 - Abolish Death Penalty
Congress should abolish the death penalty.
Argument
Congress should seriously study the costs, deterrent effect and biases inherent in imposition of the death penalty. After such a study, it will become clear that the death penalty is senseless and unjust.
Idea #US32 - Mandatory pro bono work
Lawyers must provide 50 hours of pro bono legal work within 2 years of being admitted to the bar.
Argument
Pro bono work helps fill a huge need in the community, and it provides young lawyers with an opportunity to get good hands-on experience.
Idea #US2 - Abolish Death Penalty
Congress should abolish the death penalty.
Argument
I don't believe the death penalty is a deterrent, despite studies that might suggest otherwise. Most people who commit murders either do not expect to be caught or do not carefully weigh the differences between a possible execution and life in prison before they act. Frequently, murders are committed in moments of passion or anger, or by criminals who are substance abusers and acted impulsively. Also, states without the death penalty consistently have lower murder rates than states with the death penalty.
I'm sure a review of the few studies saying that the death penalty is a deterrent would reveal significant flaws and inconsistencies in those studies.
Idea #USNY7
Tie post-judgment interest rates in New York state courts to the WSJ prime rate.
Argument
Tying post-judgment interest rates to the WSJ prime rate will provide plaintiffs with a return that is comparable to what they would get if they received the judgment on the day it was entered and then invested it.
Idea #USNY7
Tie post-judgment interest rates in New York state courts to the WSJ prime rate.
Argument
Defendants should not be penalized for exercising their right to appeal by having to pay such high interest rates after a judgment is entered.
Idea #USTX11
Capital punishment only for people who commit murder in prison.
Argument
I oppose capital punishment in all circumstances, but if there has to be some method for removing from society people who truly can't be reformed, it would be to execute only those who commit murder in prison.
Unlike in most instances, imposing the death penalty on people who commit murder in the tightly controlled environment of prison might actually have a deterrent effect, because people who commit such murders should know they are likely to be caught and are probably not intoxicated. Such a policy would also mean that the only people who are executed are the ones who have shown that life imprisonment is not enough to protect society from them. And I assume that there would be near certainty of guilt, because of close monitoring by prison guards.
Counterarguments
Idea #US59 - Does God really have a role?
Should just anyone who claims to be a Christian have their testimony accepted at face value?
Counterargument
Article IV, Paragraph 3 of the Constitution says, "The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States." Are you looking to change this dictate of the most-revered founding fathers?
Idea #US41 - Gay Marriage by Federal Statute
Legalize gay marriage by federal statute. Denying gay marriage is clearly unconstitutional on equal protection grounds.
Counterargument
I'm all for the federal government legalizing gay marriage, but would such a law be constitutional? In finding certain provisions of the Defense of Marriage Act unconstitutional, a federal court found that states have the authority to regulate and define marriage, because marital status determinations traditionally have been viewed as falling within a state’s sovereign power. I'm not sure if this is the way it has to be, or just the way it traditionally has been, but a federal law legalizing gay marriage might be unconstitutional.
Idea #US9 - Mandatory Trial by Jury
Trial by jury should not be a right, it should be mandatory.
Counterargument
Jurors often don't understand complicated issues, so many litigants of complicated cases would rightfully prefer a bench trial. This may be less true for criminal than civil cases, but probably still true to some extent.
8 Topics
Discussion
Idea #US32 - All should help, but lawyers are unique (2 replies)
(view source)I don't mean to "pick" on attorneys. I am an attorney working at a big law firm, and I see how much pro bono work helps for both attorneys and clients. I have worked many 70 hour (and higher) weeks, and I don't think it's too much to ask lawyers to spend an average of one hour every two weeks helping others. State bars have a number of requirements to remain active, including hours of CLE courses. I frankly think that hands-on experience is much more helpful to new attorneys than attending CLE courses on topics for which attendees often have no context.
I don't know much about licensing requirements for doctors, therapists or other professionals. If they are similar, and there is a way to enforce compliance, then I do think that they should be required to provide services to the less fortunate. However, the legal system is somewhat unique because it requires voluntary service to function -- for example, jury service.
Idea #US32 - Pro bono isn't just for litigators (1 reply)
(view source)There are many types of pro bono work, and in fact, I'm sure there is more need for help with non-litigation-related work, like housing, family, medical or immigration issues. Drafting contracts and answers to forms in these areas require skills that corporate attorneys are all too familiar with.
Idea #US32 - All should help, but lawyers are unique (2 replies)
(view source)Thanks for your reply (and it's always helpful to think something through with a devil's advocate)! I agree that it's a good idea to make this a requirement for other service professionals -- I hadn't thought about that. One of us should look into their licensing requirements and add it to the site :).
Idea #US2: Abolish Death Penalty - Tenth Amendment implications (4 replies)
(view source)I thought about it a little more, and even if my proposal isn't constitutional, it would take a while for a challenge to the law to make its way to the Supreme Court, and during that interim period support might build for abolishing the death penalty. I think I'd want Congress to do this even if it's constitutionality is suspect.
started
by saritap
on May 29
Idea #US2 - Life imprisonment is enough, plus a counter-proposal
(view source)Life imprisonment is enough to protect society. I'm not sure about the numbers, but I'd be surprised if people who commit capital murder are more likely to endanger fellow inmates -- remember, only certain murders are eligible for capital punishment, and the people who commit those murders are not necessarily more violent, since they include things like murder during the commission of a felony, and even an accomplice to a felony who did not pull the trigger can get the death penalty.
I would be more open to something like capital punishment only for people who commit murder in prison. I think that might actually have a deterrent effect, it only kills people who have shown that life imprisonment is not enough to protect society, and I assume there would be more certainty about who was guilty, because of close monitoring by prison guards.
post by saritap on May 1
Idea #US18: Limit Corporate Personhood - Is this possible? (5 replies)
(view source)