At the beginning, the state defense system of poor Arkansas is introduced to set the background for this chapter. Finally, the budgetary feasibility of such a statewide indigent defense system in Mississippi is also considered. Taken together, all of this information clearly indicates that the state of Mississippi is implementing a statewide indigent defense system.
Indigent Defense in the United States
The state of South Carolina offers indigent defense through its Office of Indigent Defense, which is overseen by the South Carolina Commission on Indigent Defense. The state of Louisiana is an excellent example of the severity of the problems of poor defenses that plague. This is not the case in the state of Mississippi; there is no uncertainty about how Mississippi can improve its poor defense system.
The Current Indigent Defense System in Mississippi
- History of Indigent Defense
- The Indigent Defense System Today
- Problems within the System
- Economic Losses Incurred
Carroll and Panola are two such counties that offer indigent defense through part-time public defenders. Specifically, the NAACP presented data confirming this economic theory in Economic Losses and the Public System of Indigent Defense: Empirical Evidence on Pre-Sentencing Behavior of Mississippi. The scarce use of the full-time public defender method of delivery across the state of Mississippi is just one indication of an overall weak state system of indigent defense.
The systemic bias resulting from Mississippi's indigent defense system forces many public defenders to inadequately represent their clients, thus depriving them of their constitutional rights. A comparison of the caseload data for each county and the attorney caseload standards contributed to the analysis of each county's indigent defense system presented in Assessment of Caseloads in State and Local Defense Defense Systems in Mississippi. 27 Due to the high percentage of cases handled by counties that are considered "in crisis", the state not only needs more lawyers to bring the collective caseload within standards, but it also has a more coherent structured indigent defense needed. system.
One of the most fundamental deficiencies with Mississippi's current indigent defense system is the economic loss it causes. The NAACP Legal Defense and Education Fund found that Mississippi's current failed indigent defense system not only contributes to inadequate and prolonged defense. Consistently throughout the report, data supported the fact that some full-time public defender systems in Mississippi were working better than other systems, Mississippi's indigent defense system was inadequate, and that there was an increase in prison time due to of deficiencies in the system. .
All the factors combined cost the country more money than it would have spent to create a poor defense system across the country. It is apparent that Mississippi's current indigent defense system, and the inadequacy of representation it creates for indigent defendants, contributes significantly to the. For this reason, this work analyzes the costs and benefits of implementing a state defense indigent system and the feasibility of implementing such a system by comparing it with the state of Arkansas.
A Statewide Indigent Defense System in Mississippi
The Statewide Indigent Defense System in Arkansas
The state of Arkansas and their poor criminal defense system is not without its imperfections. Despite the lack of funding, the expansion and growth of Arkansas' statewide indigent defense system, Arkansas is, however, a valuable model for the state of Mississippi. The cost-benefit factors of a statewide indigent defense system will be especially important for the state of Mississippi.
This information is supplemental to the cost-benefit analysis of implementing a statewide indigent defense system. The monetary cost of the statewide indigent defense system of Arkansas provides an approximation of costs for the state of Mississippi. One of the greatest benefits Mississippi could gain from a statewide indigent defense system is economic efficiency.
A statewide defense system in Mississippi would benefit not only the people of the state, but the state government as a whole. The difference in the current capital defense expenditures of the State of Mississippi and that of indigent defense in the State of Arkansas would remain, for which Mississippi would have to reserve. The three major problems of Mississippi's current defense-poor system would be corrected.
The state of Arkansas and its poor defense system do not experience the problems of statewide incoherence, lack of attorney independence, and the resulting economic losses that Mississippi currently has. Overall, it is clear that the benefits of implementing a statewide indigent protection system in Mississippi outweigh the costs, even if those costs are initially large. Not only would a statewide indigent defense system be beneficial to the state of Mississippi, but it is also a feasible change.
Similarities of Mississippi and Arkansas
Cost Benefit Analysis of Statewide Indigent Defense
Both costs and benefits to the state include qualitative factors and quantitative or monetary factors. The state of Arkansas spent approximately on its statewide indigent defense system in fiscal year 2016-2017 according to the Arkansas Public Defender Commission budget report.23 This amount includes all types of indigent criminal defense representation: capital for felonies, non-capital crimes, misdemeanors, juveniles and complaints. The state of Mississippi funds only capital defense for crimes and indigent complaints through state funds.41 In the same fiscal year, Mississippi spent on these two types of indigent representation.41 The difference in this value and Arkansas.
As previously discussed, economic losses occur in the state of Mississippi due to the length of time many defendants spend. When defendants spend extended periods of time in prison before trial, especially when indigent defendants spend longer in prison than their crime would have allowed, the state suffers significant financial losses.22 A statewide indigent defense system would improve overall public improve defense; and thus, if properly implemented, it will reduce pretrial incarceration. In addition, the state would collect more income taxes from those otherwise held in prisons longer than necessary.
Not only would the state benefit financially, but all Mississippians would gain their Sixth Amendment constitutional rights. Although the initial implementation may be expensive and may take away from other programs at first, the state will save money in the long run through the use of statewide indigent defense. Montana successfully used a slow implementation of a fully state-funded indigent defense system when it created its statewide indigent defense system in 2005.16 The technique of slowly returning state funds could also be used in Mississippi so that the state does not have to come up with all the funds in one year.
This inspires questions about why the state took no action; it is possible that there may be budgetary obstacles.
Funding Feasibility
Instead, it is likely due to the change in special funds that are not included in general funds or federal funds. At most, Arkansas has a separate fund characterized as an "HSC/MCF Fund" that is not directly specified in the. Mississippi's expenditures, although they may be included in other special fund categories.33 This fund needs considerable consideration as it is the largest source of funding for the Arkansas Public Defender Commission.33 Arkansas also receives revenue from Administration of Justice and generates revenue from user fees.
At least in the short term, this amount must be taken from other programs. One such program that could cut excess funding could be the Attorney General's Office of Mississippi. Although the state of Arkansas generally has higher crime rates, the Arkansas Attorney General's Office was only assigned.
in the 2017 budget year, where Mississippi was assigned the same office.31,32 These types of differences show that Mississippi could reallocate state funds to provide a statewide defense system for the needy. While there are limits to deciding where to move funding, it is clear that, like Arkansas, there is room in Mississippi's budget.
Implementation…
If the state's indigent defense system is successful in a state as similar to Mississippi as Arkansas, it would be just as successful in Mississippi. A statewide indigent criminal defense system would not only bring the state of Mississippi up to constitutional standards, but would also solve many of the problems facing the current system. This is just one example of an area where Mississippi could reallocate spending to help fund a statewide indigent defense system.
Despite these facts and despite all the entities in Mississippi pushing the legislature for nearly a decade to adopt a statewide indigent defense system, there has still been no change. Mississippi isn't the only state that neglects its poorest citizens, but it misses the effects that subpar indigent defense has on other aspects of the state, including the state budget. Although there is recognition of problems with the indigent defense system that many states have, there is no tendency to take steps to solve the problem.
In poverty-stricken areas, as in many places within the state of Mississippi, this ignorance leads to increased problems. Compendium of Standards for Indigent Protection Systems.” Compendium of Standards for Indigent Protection Systems, Vol. District of Columbia Public Defender Service: Fiscal Year 2018 Congressional Budget Request. District of Columbia Public Defender Service, 23 May 2017, www.pdsdc.org/docs/default-source/annual-reports-and- budgets/fy-2018-pds-congressional-budget-justification---.
State of the Right to Lawyers in Mississippi: Report and Recommendations. State of the Right to Lawyers in Mississippi: Report and Recommendations, 2014.
