Skip to search form Skip to main content You are currently offline. Some features of the site may not work correctly. The vast majority of charges are in the lower courts, for misdemeanors such as marijuana possession, driving with a license suspension for failure to pay tickets, assault, disorderly conduct, or public intoxication.
Misdemeanor adjudications have exploded in recent years, with one recent study estimating that the volume of misdemeanor cases nationwide has risen… Expand. View on SSRN. Save to Library Save. Create Alert Alert. Share This Paper. Background Citations. Results Citations. Citation Type. Has PDF. Publication Type. More Filters. Judicial Dismissal in the Interest of Justice. Of the 1. Who is responsible? Hyper-incarceration is not simply due to outdated drug laws or stringent … Expand.
Wesley McCann, Melissa A. Stohr, Corrections Criminal Employment Law. Change, The Harbinger, Vol. Research Paper No. Inter Alia, Vol. Is employment discrimination against ex-offenders immoral?
James Jacobs, Compilation of posts on discrimination against those with criminal records from the Volokh Conspiracy blog Feb. Criminal Histories in Public Housing. Darrow, 42 Wake Forest L. Murat C. The Juvenile Record Myth. Collateral Consequences of Juvenile Court Involvement. Franklin E. Infamous Misdemeanors and the Grand Jury Clause.
Minnesota L. Informed Misdemeanor Sentencing. Misdemeanor Decriminalization. Crashing the Misdemeanor System. Executive Clemency in the United States. Revitalizing the Clemency Process. The Twilight of the Pardon Power. The Municipal Pardon Power.
Transforming the Theater of Pardoning. Donald Trump and the Clemency Process. Are Blanket Pardons Constitutional? Certifying Second Chances. Access-to-Justice Challenges for Expungement in Tennessee. Ericka B. A common misperception is that misdemeanor charges might lead to a night in jail and the punishment of going through the process - often requiring a number of court appearances - culminating in dismissal, deferred adjudication, or a quick guilty plea with community service, a fine, or perhaps some small amount of jail time.
Yet the consequences of even the most "minor" misdemeanor conviction can be far reaching, and include deportation, sex offender registration, and loss of public housing and student loans. In addition, criminal records are now widely available electronically and employers, landlords, and others log on to check them.
These "collateral consequences" of a misdemeanor conviction are often more dire than any direct criminal penalty. What often stands between an individual and an avoidable misdemeanor conviction, with its harsh effects, is a good lawyer.
Yet a profound crisis exists in the lower courts, brought about by a widespread lack of zealous representation for indigent people charged with misdemeanors.
Many individuals charged with low-level crimes receive representation from defense attorneys with overwhelming caseloads, in a criminal justice system singularly focused on rapid finality in the large numbers of docketed cases. Despite this urgent situation, the body of scholarship on the right to effective representation and the indigent defense crisis has largely ignored misdemeanors.
This Article describes how ineffective assistance jurisprudence is undeveloped for misdemeanors and how published professional standards for defense advocacy have failed to address misdemeanors.
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