NACDL - Misdemeanor Waivers of Counsel

Misdemeanor Waivers of Counsel

Every year millions of individuals charged with misdemeanor offenses resolved their cases without a lawyer. Despite the fact that many are constitutionally guaranteed the right to counsel, individuals often waive representation. Prior research suggests this is due to perceptions that misdemeanor charges are minor along with the lack of confidence in the public defense system. In this series of reports, the authors examine these premises, exploring factors influencing a defendant's decision to waive counsel and some of the impacts of those decisions.

Authors

Alisa Smith
Alisa Smith is a Professor of Legal Studies at the University of Central Florida. Her research interests include the study of the misdemeanor courts, the right to counsel, and the role of discourse in framing and maintaining power. Dr Smith has authored two previous reports examining due process and the lower criminal courts with the National Association of Criminal Defense Lawyers, Three-Minute Justice, and Rush to Judgment. She has written two books, edited The Lower Criminal Courts with Dr. Maddan, and authored dozens of articles. The goal of her life’s work as a former public defender and academic has been to improve the criminal legal system, particularly for the indigent.
Sarah K. Stice
Sarah K. Stice is a qualitative research analyst with a research focus on law and society, language, and access to justice. Her methodological approaches include interview analysis, narrative inquiry, and critical methodologies. She holds a Specialist Degree in Language and Literacy Education from the University of Georgia. Her peer-reviewed published qualitative research currently is in the fields of teacher education and criminology.
Sean Maddan
Sean Maddan is the Director of Institutional Research and Professor of Criminal Justice in the Department of Social Sciences at the Texas A&M International University. His research areas include criminological theory, statistics, research methods, court processing, and the efficacy of sex offender registration and notification laws. Dr. Maddan has authored dozens of articles in many outlets, including Justice Quarterly, Crime and Delinquency, Journal of Criminal Justice, and the American Journal of Criminal Justice. Dr. Maddan has also authored/co-authored seven books. His book on statistics is in its fifth edition, and his book on sex offenders is in its second edition.
Amanda Izes