Inadequate Defense

The stories of unacceptable representation in capital cases are now widely known, but such representation is not limited to capital cases. Economics plays no small part in this. In North Carolina, attorneys paid by the State’s Office of Indigent Defense Services make substantially less money than private attorneys, making the work less attractive for attorneys with a lot of experience who can charge more for that experience. Similarly, public defender offices are often under-funded, leading to high caseloads that make adequate trial preparation and investigation more difficult. Under these circumstances, the pressure to encourage inappropriate guilty pleas can rise.

North Carolina and South Carolina are the last two states in the country with judicial rules giving the defense the last closing argument if it does not present any evidence. While having last argument can sometimes be a strategic decision, more often than not, it’s just a reward for lack of effort. Additionally, North Carolina allows defense attorneys to request that their opening and closing statements to the jury not be recorded. This ensures there is no record of an attorney’s trial work for appeal. 

Remedies

Increasing funding to the offices of public defenders will allow for increased training and investigative support. Increasing the fee rate of court-appointed attorneys will attract more experienced attorneys. Lowering the burden of proof in claims of ineffective assistance of counsel will correlate to a higher standard of practice which will ensure a proper defense is available even to the poor.

Change the judicial rule to give the last closing argument to the prosecution in all cases other than capital cases and ensure recording of all parts of a trial.