Have you ever been convicted of or pleaded nolo contendere (no contest) to any violation of the law other than minor traffic tickets? Millions of people, many of whom were convicted of petty crimes, must answer this question (a favorite of employers) in the affirmative. Indeed, the Wall Street Journal reported in a recent article on the processing of misdemeanor crimes that nearly 1 in 3 Americans has a criminal record. While those records are based on arrests, not convictions, a substantial percentage of people charged with misdemeanor offenses are convicted. North Carolina’s district courts, for example, disposed of more than 450,000 misdemeanor (non-traffic) criminal cases in the 2013-2014 fiscal year. A third of those cases resulted in convictions. “Blindingly swift” justice. The Wall Street Journal article highlighted two central problems with the processing of misdemeanor cases in state courts. First, heavy misdemeanor dockets can render the dispensation of justice in such cases “blindingly swift.” One study showed that Florida’s misdemeanor courts disposed of cases in three minutes or less. Second, the lack of state funding for court appointed counsel results in many defendants resolving such cases without the benefit of legal advice. And, even when attorneys are appointed, they often do not have adequate time to consult with their clients. While no North Carolina-specific statistics are highlighted in the article, the issues it raises are familiar to our courts. Crushing caseloads. Today’s docket for a single criminal and infraction courtroom in Mecklenburg County District Court lists 760 cases. Over in [...]
Faculty Coordinators
