OK. It is up to the judge to determine who is and who is not scum [sup]Maledictus sit in totis viribus corporis. Maledictus sit intus et exterius. Maledictus sit in capillis; maledictus sit in cerebro. Maledictus sit in vertice, in temporibus, in fronte, in auriculis, in superciliis, in oculis, in genis, in maxillis, in naribus, in dentibus, in mordacibus, in labris sive molibus, in labiis, in guttere, in humeris, in harnis, in brachiis, in manubus, in digitis, in pectore, in corde, et in omnibus interioribus stomacho tenus, in renibus, in inguinibus, in femore, in genitalibus, in coxis, in genubus, in cruribus, in pedibus, et in unguibus. Maledictus sit in totis compagibus membrorum, a vertice capitis, usque ad
plantam pedis non sit in eo sanitas[/sup], and for the judge to do that, the judge must hear both sides of the story before making a decision. Thus the need for defence lawyers.
It wasn’t always that way. Used to be a person could be up on very serious charges but not be permitted a lawyer (e.g. pre-1836 England before the Prisoners’ Counsel Act, 1836, 6 & 7 Will. 4, c. 114, that permitted lawyers to talk about the facts of the matter before the court rather than just applicable law), or not be able to afford a lawyer (e.g. pre 1963 U.S.A. before the SCC in Gideon v. Wainwright, 372 U.S. 335, 1963, declared that states must provide indigent felony defendants with counsel).