If David Linsky (Massachesetts State Rep) gets his way with his proposed new legislation, legal aid might be considerably withered down for certain types of offenses. The time tested basis for grant of legal aid – ‘means and merits test’ – will no longer, in themselves, suffice. Not even the ‘sufficient benefit test’ will be available to a sizeable chunk of cases, which will not fall within the proposed new basis for grant of legal aid. The legislation as it is being proposed, intends to make the basis of provision of legal aid, not solely upon the economic condition of the defendant, but whether the defendant is facing jail time or not. This effectively becomes the new and overriding test for granting financial assistance.
The arguments, for and against, continue to swirl; but one thing appears almost certain, this is one way of depriving thousands their right to legal representation. The right to legal representation is one of the canons for a fair trial. Read a report of the pros and cons herehttp://www.lawcrossing.com/lcviewblog.php?id=20075&utm_source=WNW&utm_medium=Email&utm_campaign=t_15327–dt_20120327-cid_34015-Did_121-ad_attorney&ces=12705727&draft=121&cid=34015#
Wrongful Convictions Blog 