§ 28.01 OVERVIEW: THE IMPORTANCE OF DEFENSE LAWYERS IN THE ADVERSARY SYSTEM

• Jurisdiction: North Carolina

§ 28.01. Overview: The Importance of Defense Lawyers in the Adversary System

Defense lawyers occupy a unique role in the criminal justice system. Lionized by some, demonized by others, they are frequently the most important actors in a criminal case. Because a defense lawyer necessarily sometimes protects the guilty, he may seem to some to be "a nettlesome obstacle to the pursuit of wrongdoers."¹ During the adjudication phase of a criminal case, however, there is little dispute that the role of defense counsel is of critical importance—in the words of the Supreme Court, defense lawyers "are necessities, not luxuries."²

At every stage, the adjudication process is calibrated (whether successfully or not) both to reduce the risk of wrongful convictions of innocents and to assure due process for all. Yet that statutory and constitutional calibration—be it regarding discovery, plea bargaining, the trial itself or most any other stage—is conducted with the assumption that the defendant will have a competent attorney representing his interests. Because of this assumption of competent counsel in the adjudication process, it is no exaggeration to state that the very legitimacy of the American criminal justice system depends on the participation of competent and ethical defense lawyers who diligently represent their clients' best interests.

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Notes:

^[1] Moran v. Burbine, 475 U.S. 412, 468 (1986) (Stevens, J., dissenting)...