“The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him.“

“The poverty of the incapable, the distresses that come upon the imprudent, the starvation of the idle, and those shouldering aside of the weak by the strong, which leave so many “in shallows and in miseries,” are the decrees of a large, far-seeing benevolence. It seems hard that an unskilfulness which with all his efforts he cannot overcome should entail hunger upon the artisan. It seems hard that a laborer incapacitated by sickness from competing with his stronger fellows,  should have to bear the resulting privations. It seems hard that widows and orphans should be left to struggle for life or death. Nevertheless, when regarded not separately, but in connection with the interests of universal humanity, these harsh fatalities are seen to be full of the highest beneficence—the same beneficence which brings to early graves the children of diseased parents, and singles out the low-spirited, the intemperate, and the debilitated as the victims of an epidemic.”   ~Herbert Spencer (1851)

Socialized Medicine – This is a big deal for the right wing and the insurance companies actively try to play up the idea of a completely nationalized medical system like China’s.   This isn’t remotely what is being proposed and to suggest otherwise is lying.  What is being suggested is an optional government sponsored insurance program that scales the fees to meet the individual’s needs.  People who don’t make enough money to pay the premium receive the coverage at no charge and it functions as a safety net.  People who want to continue their current coverage aren’t directly affected (although it may lower their premiums as insurance companies try to compete against the public plan).  Nothing about offering public health insurance implies a government seizure of the medical system.

Socialized Public Defenders – All lawyers work for the government and lawyers are assigned to cases by the government.

Medical Rationing – This is a convenient shell game in which the proposed free medical coverage is instead portrayed as a removal of existing medical care for everyone.  In this argument the government will ration all medical care.  (It neglects the current situation where 7 large corporations seeking a profit already ration your medical care and try to rescind existing policies that become too expensive.)

Public Defender Rationing – Only a certain number of cases will be granted a public defender.  The remainder of defendants will be required to defend themselves or will be found automatically guilty.

Bankrupting Insurance Companies – This myth promotes the idea that everyone will immediately turn to a public option and the insurance companies will go bankrupt.  As much as I might like this to be true, it is pretty unlikely.   We have had Public Defenders for over 40 years and private attorneys seem to be doing just fine.  Imagine Coca Cola, Microsoft, or Exxon using a public defender and you can see how laughable this really is.  I haven’t seen FedEx or UPS go out of business yet even as they compete with our socialized postal service.  This is capitalism at its finest.

Bankrupting Lawyers – Public Defenders are free and therefore all private attorneys will go out of business.

Government Mandated Medical Decisions – This is the classic “government bureaucrat between you and your doctor” argument created by the private insurance companies.  This is particularly heinous considering insurance companies have actually pulled patients off of operating tables mid-surgery to deny medical claims.  While the idea of a government bureaucrat sounds scary, what we have today is a corporate suit trying to make a profit and that is much worse.

Government Mandated Public Defense Decisions – A government bureaucrat decides what you will plead in each case and makes decisions about your legal strategy.

Losing your existing Coverage – In this myth, the government removes your existing coverage and forces you into the public option using government doctors.  No one has suggested anything but adding an additional public insurance plan to cover those without insurance.

Losing your existing Lawyer – The government fires your existing lawyer and forces you to use a public defender.

Death Panels – This particular piece of hysteria has been Sarah Palin’s newest talking point.  In the Palin-Reality the government will create a panel concerning end-of-life decisions with the power to euthanize you or your children.  This seems to be inspired by an option in the current bill that permits doctors to receive Medicare compensation for voluntarily discussing living wills with patients.  Let’s just say that Sarah Palin’s reality is not to be confused with actual reality.

Public Defender Vigilantes! – Public Defenders chase down suspected criminals and execute them on sight.