The Terrible Toll of America's Broken Misdemeanor Courts
About the National Association of Criminal Defense Lawyers | 4 |
About the Foundation for Criminal Justice | 5 |
Acknowledgements | 6 |
Executive Summary | 7 |
Introduction | 10 |
Methodology | 10 |
The Misdemeanor Courts | 11 |
The Volume of Misdemeanor Offenses | 11 |
Rights of Defendants in Misdemeanor Cases | 11 |
Right to Counsel in Misdemeanor Cases | 11 |
Why Are Lawyers Needed in Misdemeanor Cases? | 12 |
Consequences of a Misdemeanor Conviction | 12 |
Problems in Misdemeanor Courts | 14 |
Absence of Counsel | 14 |
Uninformed Waiver of Counsel | 15 |
Eligibility Limitations for Counsel | 16 |
Conferring Directly with Prosecutors | 16 |
Recommendations — Absence of Counsel | 17 |
Deterrents to Asking for Counsel | 18 |
Delay | 18 |
Application Fees | 19 |
Recommendations — Deterrents to Asking for Counsel | 19 |
Misdemeanor Caseloads | 20 |
The Meaning of the Caseload Numbers | 22 |
Excessive Caseloads Put Lawyers in Jeopardy | 22 |
Recommendations — Excessive Caseloads | 24 |
Why are Misdemeanor Caseloads So High? | 25 |
Overcriminalization | 25 |
Misdemeanor Indigent Defenders Take Brunt of Budget Shortages | 26 |
Recommendations — Causes of Excessive Caseloads | 27 |
Misdemeanor Defense in Practice | 30 |
Meet and Plead | 31 |
Denial of Bond/Inability to Make Bail and the Pressure to Plead | 32 |
Prosecutorial Pressure to Plead | 33 |
Impact of Increased Collateral Consequences on Misdemeanor Caseloads | 34 |
Early Disposition Projects | 34 |
Effect of Excessive Caseloads on the Clients | 35 |
Recommendations — Misdemeanor Defense in Practice | 36 |
Misdemeanor Defenders Lack Access to Support Services | 38 |
Recommendations — Lack of Support Services | 39 |
Inexperienced Counsel in Misdemeanor Courts | 39 |
Lack of Training | 39 |
Lack of Supervision | 40 |
Recommendations — Inexperienced Counsel in Misdemeanor Courts | 40 |
Lack of Standards | 41 |
Recommendations — Lack of Standards | 41 |
Inadequate Compensation for Defenders in Misdemeanor Courts | 42 |
Recommendation — Inadequate Compensation | 43 |
Judicial Conduct in Misdemeanor Courtrooms | 44 |
Disparate Treatment of Indigent Defendants | 44 |
Judges Face Discipline for Not Honoring Right to Counsel | 45 |
Recommendations — Judicial Conduct in Misdemeanor Cases | 45 |
Lawyer Burnout in Misdemeanor Courts | 46 |
Recommendation — Lawyer Burnout | 46 |
Disproportionate Effect on Minority Communities | 47 |
Recommendations — Disproportionate Impact on Minority Communities | 48 |
Conclusion | 48 |
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