RIGHT TO COUNSEL
To have a fair and even playing field for all who face the criminal justice system, it is essential that indigent defendants have access to an effective lawyer at their bail hearings. The federal and state governments must recognize the critical importance of a lawyer's presence during the pretrial stage.
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The unduly lengthy sentences children denied effective representation may receive contravene extensive national, scientific research documenting that incarceration is by far the least effective sentence, leading to more repeat offending than any other sentence in juvenile court. They are also exorbitantly expensive.
Unlike the use of torture -- which is illegal under domestic and international law, frequently unproductive and a political shot-to-the-foot of our national interests in being seen to adhere to the rule of law -- traditional law enforcement tools for eliciting cooperation of suspects have been long considered lawful.