Additionally, NACDL held two conferences for the pur- pose of seeking input on the problems associated with mis- demeanor courts, as well as possible solutions. The first conference was held in New York in May 2008, and the second took place in Seattle in July 2008. Over 150 public defenders, prosecutors, judges, and reform activists from across the country attended the conferences. Finally, NACDL hosted a webinar on the preliminary findings of the report with experts from across the country to seek ad- ditional input. The report documents the findings of this extensive re- search effort. 7 The report first provides an introduction to misdemeanor courts, reviewing the charges brought in mis- demeanor courts, as well as the rights of the misdemeanor defendant. It then outlines the common problems observed and reported in misdemeanor courts throughout the country. At the conclusion of each section, the report enumerates policy reform recommendations that would address the problems described, highlighting best practices observed around the country. The Misdemeanor Courts In most states, crimes are divided into two categories — felony and misdemeanor. Misdemeanors are the less seri- ous offenses, for which punishment is generally limited to one year in jail. 8 Common misdemeanor offenses include petty theft, disorderly conduct, public drunkenness, cur- few violations, loitering, prostitution-related offenses, driving under the influence, driving with a suspended li- cense, resisting arrest, minor assault, under-age possession of alcohol, and minor controlled substance and parapher- nalia offenses. Misdemeanors are commonly adjudicated in separate courts from felony cases. These courts often adjudicate minor civil offenses as well as misdemeanor criminal of- fenses. In a number of states, such as Arizona, Missouri, New York and Pennsylvania, some of the judges in these courts are not lawyers. 9
The Volume of Misdemeanor Offenses Most people who go to court in the United States go to misdemeanor courts. The volume of misdemeanor cases is staggering. The exact number is not known, as states differ in whether and how they count the number of mis- demeanor cases processed each year. The National Cen- ter for State Courts collected misdemeanor caseload numbers from 12 states in 2006. Based on these 12 states, a median misdemeanor rate of 3,544 per 100,000 was obtained. 10 If that rate held true across the states, the total number of misdemeanor prosecutions in 2006 was about 10.5 million, which amounts to 3.5 percent of the American population. 11 While this overplays the actual prosecutions by population, because of individu- als charged multiple times and non-citizen prosecutions, it is a startling reminder of the breadth of the impact of these courts. 12
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Rights of Defendants in Misdemeanor Cases
Misdemeanor defendants, like all those accused of crimes, are entitled to due process. 13 They have the right to receive the evidence against them and present evidence in their de- fense. They have a right to confront witnesses. And, they have the right to have their guilt proven beyond a reason- able doubt. Not all misdemeanor defendants are entitled to a jury trial, however. The federal constitutional right to a jury trial has been interpreted to apply only when a defen- dant is facing more than six months in prison. 14 Right to Counsel in Misdemeanor Cases The Sixth Amendment provides, “In all criminal prosecu- tions, the accused shall enjoy the right…to have the Assis- tance of Counsel for his defense.” In Gideon v. Wainwright , the U.S. Supreme Court interpreted this right to require the state to provide counsel to a defendant charged with a felony who could not afford to hire his own counsel. The Court stated, “reason and reflection require us to recognize that, in our adversary system of justice, any person haled into court, who is too poor to hire a lawyer, cannot be as- sured a fair trial unless counsel is provided for him.” 15
Volume of Misdemeanor Cases
5 million
1972 2006
10.5 million
Introduction
The Terrible Toll of America’s Broken Misdemeanor Courts
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