I remember Peikoff talking about why he isn’t a fan of public defenders or something of the sort. I think it was from his podcast he used to do. He was asked something like “Are people entitled to a defense attorney?” and he more or less said, “No. If you can’t find someone thats your problem, your not entitled to it.”
I think at the time I agreed with it. Now I think he’s wrong, but I want to get his opinion right. Anyone, by chance, know what I’m talking about? Have a source?
I have heard Leonard Peikoff say that public defenders should not exist, since it forces lawyers to assist clients. He has also said that if defence lawyers consider the defendant to have compelling evidence of guilt, then it would be immoral to represent the defendant.
I looked back on the notes I took in the forum and it didn’t mention anything like what I was talking about. Looks like I didn’t take notes on the Q and A part.
Hmm. ngl, I don’t remember if I responded to you based on the video or independent of it.
Looking at the time-line I responded to you first and then saw Peikoff’s video.
But also I’ve changed my mind. I’m going to build on it some more soon, but specifically to the question you originally asked:
Before I said that in an ideal world, there wouldn’t state provided lawyers. Peikoff thinks that if no private lawyers would work with you then you shouldn’t have an attorney.
I now disagree with both.
For state provided lawyers:
My disagreement comes after learning about this case: Gideon v. Wainwright - Wikipedia and, after thinking about it, we need to fund prosecutors through tax payer money I see no real issue with state funded defense attorneys. Especially because in Gideon it was shown how crucial a lawyer is for our legal process. Pro se representation is not fair.
To clarify though this is what I picked up from hearing opinions of the case through legal lectures and stuff. I have added to a list of court cases/opinions I want to read.
Btw Gideon is what established the right to an attorney for the indigent/poor.
For no private lawyers working with you:
Not exactly related to Peikoff but more so to your original question: I think it makes sense to have a state attorney because their could be bad reasons why no defense attorney will represent you (though, to be fair, public defenders are only for the poor today afaik). Such as public outrage against the defendant such as in the south previously with black clients or modern day controversies surrounding someone.
I’ll comment later about Peikoff’s point on defense attorneys shouldn’t be a hired gun and they should judge the defendant before helping them.