Shouldn’t it be the default and not require the suspect/subject to actually ask for one? Has there ever been any attempt to make that the norm in any countries? I think the only question should be “do you have your own lawyer you like to use, or are you happy enough with the court-appointed one?”
I’m not even sure opting out should be allowed, but I’m open to hearing reasons why that would be a bad system, or indeed a worse system than the one most countries seem to have now. So many miscarriages of justice could have been easily avoided.
I am not a lawyer. (IANAL)
You have a lot of legal right you may or may not choose to exercise. For example, if you have the right to own firearms they don’t issue you a firearm just because you haven’t purchased one yet.
If I recall it right, there wasn’t always the concept of a public defender who could represent someone even if they couldn’t afford a lawyer. You had to already have a lawyer in order to even use that right. This was eventually changed and resulted in the creation of public defenders.
From what I have heard, public defenders are really overworked and spread thin, so you may want to have a lawyer setup to represent you if you ever get into trouble with the law. I have also heard it’s good to know several lawyers as the one who can help you draft a will is different than the one to help you purchase real estate and the one to keep you out of jail.
Came here to say this. There’s even been movements like you find in the book Rebooting Justice to try and essentially digitize menial legal matters so that lawyers just have to put the finishing touches on them. I wonder how involved AI will get in the next 5-10 years.
Also 2nd the point on choosing not to exercise certain rights. You have the right to free speech but you may not feel like talking, etc
Also, you are not guaranteed a free lawyer. To be appointed a public defender you have to apply for one and prove your income; over a certain amount and you’re expected to hire your own lawyer.
The court can’t deny you access to a lawyer, but they don’t have to give you one if you can afford your own.