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Criminal Procedure

2012

Plea bargaining

Alexandra Natapoff

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Misdemeanors, Alexandra Natapoff Jun 2012

Misdemeanors, Alexandra Natapoff

Alexandra Natapoff

Misdemeanor convictions are typically dismissed as low-level events that do not deserve the attention or due process accorded to felonies.  And yet with ten million petty cases filed every year, the vast majority of U.S. convictions are misdemeanors.  In comparison to felony adjudication, misdemeanor processing is largely informal and deregulated, characterized by high-volume arrests, weak prosecutorial screening, an impoverished defense bar, and high plea rates.  Together, these engines generate convictions in bulk, often without meaningful scrutiny of whether those convictions are supported by evidence.  Indeed, innocent misdemeanants routinely plead guilty to get out of jail because they cannot afford bail.  …