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.

  • psud@aussie.zone
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    13 hours ago

    Because our system grew out of the past. In the past people had fewer rights, the rich could hire a professional defence.

    As time passed rights for common people increased, we got the right to use a professional defence even if we couldn’t afford it. But we, like everyone else would need to choose that and organise it

    I’m sure that future fairness focused governments will rule that representation is automatic, but it hasn’t happened yet