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Date: April 29, 2024 Mon
Time: 8:50 pm
Time: 8:50 pm
Results for misdemeanors (florida)
1 results foundAuthor: Smith, Alisa Title: Three-Minute Justice: Haste and Waste in Florida’s Misdemeanor Courts Summary: Nearly a half million people, or approximately 3% of the state’s adults, pass through Florida’s misdemeanor courts each year. While the charges adjudicated in these courts are often viewed as minor, the consequences of conviction are significant. Not only are there direct, immediate costs of such a conviction (fines and/or imprisonment), but often there are also long-term, collateral consequences (employment barriers and possible deportation). Despite these serious stakes, an eight-month investigation of one-third of Florida’s counties reveals disturbing evidence that efficiency commonly trumps due process in Florida’s misdemeanor courts, particularly in the larger counties. Most individuals accused of misdemeanors resolve their cases at the first hearing, the arraignment. A large percentage does so without a lawyer, notwithstanding the well-recognized importance of counsel to ensure the accused “may know precisely what he is doing, so that he is fully aware of the prospect of going to jail or prison, and so that he is treated fairly by the prosecution.” The overwhelming majority plead guilty. Indeed, 94% of misdemeanor cases are resolved before trial. On average, these arraignment proceedings lasted fewer than three minutes, even when defendants were pleading guilty at the hearing. Some defendants were informed of their rights by video or rights-waiver form, but in less than 50% of cases were the defendants who were pleading guilty directly advised by the trial judge of the rights they were forfeiting. Upon entering a plea, few were advised of their right to appeal or the immigration consequences of entering a plea. In-custody defendants and defendants without counsel were most likely to enter a guilty plea at arraignment. Defendants who entered a plea at arraignment were three times more likely to be unrepresented. Pleading guilty without counsel occurred more often in larger, rather than small counties. Moreover, defendants who were less informed of their rights to counsel were also more likely to enter a plea at arraignment. Based on this quantitative analysis of Florida’s misdemeanor courts, the following recommendations are offered to improve compliance with due process and ensure fundamental fairness: Provide counsel to all accused persons facing misdemeanor charges; Ensure a level of due process that is compatible with the seriousness and consequences of a misdemeanor prosecution; Reduce fines for less-serious, non-violent offenses; and Create citizen boards that provide oversight and review of county courts; Conduct a systemic review of Florida’s criminal code to identify misdemeanors that warrant reclassification or decriminalization. Details: Washington, DC: National Association of Criminal Defense Lawyers, 2011. 36p. Source: Internet Resource: Accessed November 15, 2011 at: http://www.nacdl.org/ Year: 2011 Country: United States URL: http://www.nacdl.org/ Shelf Number: 123360 Keywords: Due ProcessMisdemeanor CourtsMisdemeanors (Florida) |