Misdemeanor Cases Research Articles

Research on the Duty Lawyer's Function of Effective Advocacy in Misdemeanor Cases of Guilty Plea

In the era of misdemeanour, the contradiction between the increasing number of misdemeanour cases and the limited judicial resources is prominent. In order to realize the goal of diverging complex and simple cases and reducing the burden of prosecution, the role of guilty plea system in the management of misdemeanour should be fully brought into play. There are many problems in effective defense of on-duty lawyers in guilty plea cases in China. The position of on-duty lawyers is "a witness", the performance guarantee of on-duty lawyers is insufficient, and the supervision mechanism of on-duty lawyers is missing. In the future, China needs to clarify the functional positioning of duty lawyers, adjusts the provisions on duty lawyers' involvement time, litigation rights and defense duties, and improve the supervision mechanism of duty lawyers' performance.

Leveraging video evidence in domestic violence misdemeanour cases: Examination of case dispositions and case length

Abstract Law enforcement has used video recording devices (e.g. dash camera, body-worn camera) for more than 40 years, with body-worn cameras emerging in 2005 as a policing tool. However, little is known regarding how video evidence is leveraged in case decision-making and outcomes for domestic violence. Law enforcement may use cameras to enhance evidence collection in domestic violence cases, take statements from victims, witnesses, and offenders, record injuries and damages, and document the administration of risk/injury assessments. Preliminary research has indicated video evidence may have strong evidentiary value in domestic violence cases, however, has rarely controlled for other contributing factors. This study furthers our knowledge by examining how video evidence taken by law enforcement impacts case outcomes and length of time to disposition in a sample of closed, misdemeanour domestic violence cases within a large county in a southwestern state. A random sample of cases (n = 612) with and without video evidence were examined for differences in case disposition and case length. Additional evidentiary factors and case characteristics are considered such as prior criminal charges, victim–offender relationship, presence of non-video evidence, presence of witnesses, and gender of offender. Analyses indicate significant differences, such that cases with video evidence are associated with increased guilty pleas, increased convictions, and less time to closure/final case disposition. Findings have implications for the use of video evidence in strengthening the criminal justice response to domestic violence incidents in combination with other case factors.

Formation of Some Elements of the Right to Defence in Misdemeanour Proceedings

Abstract The text analyses normative solutions concerning the right to defence in Polish proceedings in cases of offences. It discusses the formation of selected elements of the right to defence, from the pre-war solutions to modern times. The author highlights the autonomy of the solutions in force in the 2001 Code of Proceedings in Misdemeanour Cases, and their similarities to the right to defence in criminal cases, constituting the most comprehensive model of this right.

Forensic mental health assessments of juvenile misdemeanor cases involving demoralization (status offenses) and delinquency

PurposeThe role of evidence-based psychological knowledge in cases of juvenile offending is essential to make appropriate decisions relating to youth who violate legal or social norms, as it carries implications for treatment, intervention and practice. Psychological expert opinions therefore need to meet high formal and methodological requirements while maintaining ethical standards. The purpose of this study is to investigate psychological expert opinions in cases of juvenile misbehavior reported to regional courts in Poland. Juvenile court proceedings concern cases of demoralization and/or delinquent offenses. Demoralization is a legal concept described in the Act of June 9, 2022 on juvenile support and resocialization. This concept was not defined; it was only described through examples of behaviors indicating demoralization. These include the following: violations of the principles of community life; evading compulsory education or schooling; use of alcohol, narcotic drugs, psychotropic substances, their precursors, substitutes or new psychoactive substances; and prostitution.Design/methodology/approachTo reach these goals, court records of juvenile cases in six district courts (N = 253) were gathered and analyzed. A semistructured questionnaire was used to examine the cases in which psychologists were appointed and to analyze the procedures used by these experts for assessing adolescents and their families.FindingsFindings revealed that family judges appoint psychologists both in cases of “demoralization” (i.e. status offenses) and in cases of juvenile delinquency. The opinions were delivered by psychologists who were mostly members of diagnostic teams. Results indicate that such opinions generally comply with the minimal standards recommended by the Ministry of Justice, yet a few problems were observed with the determination of levels of demoralization.Originality/valueThe limitations of diagnostic tools used by psychologists are discussed, and recommendations for future practice are provided.

Judicial Determination of Non-Penalization for Misdemeanor Cases

This paper primarily examines the judicial determination of non-penalization for misdemeanor cases and conducts an empirical study based on the analysis of 85 relevant court judgments. The study reveals that in judicial practice, the determination of non-penalization for misdemeanor cases exhibits a certain degree of flexibility and diversity, as judges take into account both the nature of the offense and the social context. Additionally, this study finds that, regarding mitigating circumstances, a threshold of five years of imprisonment is more appropriate than the traditional threshold of three years. Furthermore, the paper explores the issue of whether Article 37 of the Criminal Law can be applied independently. The empirical research also indicates that when no other provisions for exemption are applicable, judges tend to rely on Article 37 of the Criminal Law as a standalone basis for judgment.

Reducing Re-arrest Through Community-Led, Police-Initiated Restorative Justice Diversion Tailored for Youth

Restorative justice diversion aligns with youths’ developmental needs more than traditional approaches. However, there is a research gap regarding its effectiveness among diverse youth, and when initiated by police. This study evaluated misdemeanor cases that occurred in Minneapolis between September 2014 and December 2018 finding that youth who participated in restorative justice diversion after arrest were less likely to experience re-arrest in the following year compared to those processed traditionally. Positive program impacts for Black and American Indian youth demonstrate RJ diversion can be effective with diverse youth while differences in rates of successful diversion by participating community agency highlight opportunities for further study. This study demonstrates the importance of continuing to understand and expand restorative justice diversion with youth.

Misdemeanor Prosecution

Abstract Communities across the United States are reconsidering the public safety benefits of prosecuting nonviolent misdemeanor offenses, yet there is little empirical evidence to inform policy in this area. We report the first estimates of the causal effects of misdemeanor prosecution on defendants’ subsequent criminal justice involvement. We leverage the as-if random assignment of nonviolent misdemeanor cases to assistant district attorneys (ADAs) who decide whether a case should be prosecuted in the Suffolk County District Attorney’s Office in Massachusetts. These ADAs vary in the average leniency of their prosecution decisions. We find that for the marginal defendant, nonprosecution of a nonviolent misdemeanor offense leads to a 53% reduction in the likelihood of a new criminal complaint and a 60% reduction in the number of new criminal complaints over the next two years. These local average treatment effects are largest for defendants without prior criminal records, suggesting that averting criminal record acquisition is an important mechanism driving our findings. We also present evidence that a recent policy change in Suffolk County imposing a presumption of nonprosecution for nonviolent misdemeanor offenses had similar beneficial effects, decreasing the likelihood of subsequent criminal justice involvement.

Prawo do obrony obwinionego o popełnienie wykroczenia z perspektywy art. 42 ust. 2 Konstytucji RP

The text presents the problem of autonomy of proceedings in misdemeanour cases, with particular emphasis on the situation of the accused and their right to defence. The author puts forward a thesis concerning the necessity to recognise that the provision of Art. 42 of the Constitution of the Republic of Poland should be applied to the accused, even though this provision refers to guarantees of the right to defence for persons appearing in criminal proceedings, and not literally for persons against whom proceedings in misdemeanour cases are conducted. The extension of constitutional guarantees to defendants is important for the defendants themselves, but also for the coherence of the justice system and court procedures, as only in this way does the constitutional benchmark of a fair trial become feasible.

Fases de uma audiência preliminar no Juizado Especial Criminal Uma abordagem linguístico-interacional

This paper aims to investigate the overall structural organization of apreliminary hearing in the Special Criminal Court, a court which is responsi-ble for judging misdemeanor cases. The research is based on the theoretical-methodological approach of Conversation Analysis (Sackset al.2003 1974),focusing on studies of institutional talk-in-interaction (Drew e Heritage 1992;Roberts e Sarangi 2005; Robinson 2013), as well as combining concepts fromInteractional Sociolinguistics (Gumperz 1999; Gumperz, J.J. 2002). The resultsshow four phases: opening, that occurs when the conciliator takes a roll call andgreets the parties; presentation of the problem, which happens when they explainlegal concepts to laypeople; offering to file the case, when the conciliator triesto persuade the parties to file and close the case; and ending, that takes placewhen the parties sign the paper agreement

ПРОЦЕССУАЛЬНЫЕ ОСОБЕННОСТИ ПРИМЕНЕНИЯ ВИДЕО КОНФЕРЕНЦ-СВЯЗИ ПО УГОЛОВНЫМ ДЕЛАМ

The pandemic COVID-19 was the main reason of videoconferencing connection in 2020, the GSIN of the Kyrgyz Republic suspended the removal of defendants and accused persons to court sessions, in order to prevent the spread of the coronavirus. The "Adilet Sot" institution launched a "Remote Court Sessions" portal for criminal and misdemeanor cases as of June 1, 2020. Conditions were created for the interrogation of the accused, witness, and victim via videoconferencing with the institutions of the GSIN of the Kyrgyz Republic or in the nearest judicial body to the place of residence of the citizen, equipped with a system of audio-video recording of court hearings. The article contains procedural peculiarities of videoconferencing in court hearings, as well as problems of its application and recommendations.

Testing the Evidentiary Value of Police Body-Worn Cameras in Misdemeanor Court

We test whether the presence of police body-worn camera (BWC) evidence impacts case filing, processing, and outcomes, using data from over 50,000 misdemeanor cases charged in the Tempe, Arizona municipal city court (2014–2017). BWCs did not affect case flow but did affect processing and outcomes for most cases. Traffic and drug/alcohol cases involving a BWC were processed more quickly, while traffic and person offense cases with a BWC were less likely to be adjudicated guilty. Defendant and officer demographics were correlated with case processing time and outcomes, but BWCs did not reduce racial/ethnic disparities for any outcomes. BWCs appear to affect case processing and outcomes for some case types, but effects are not straightforward and warrant further research.

De‐prosecution and death: A synthetic control analysis of the impact of de‐prosecution on homicides

AbstractResearch SummaryDe‐prosecution is a policy not to prosecute certain criminal offenses, regardless of whether the crimes were committed. The research question here is whether the application of a de‐prosecution policy has an effect on the number of homicides for large cities in the United States. Philadelphia presents a natural experiment to examine this question. During 2010–2014, the Philadelphia District Attorney's Office maintained a consistent and robust number of prosecutions and sentencings. During 2015–2019, the office engaged in a systematic policy of de‐prosecution for both felony and misdemeanor cases. The city recorded the fewest number of criminal prosecutions in modern history, with a 70% reduction in the number of criminal sentencings. Philadelphia experienced a concurrent and historically large increase in homicides. This article employs a difference‐in‐differences analysis using a synthetic control method to estimate the effects of de‐prosecution on the number of homicides in Philadelphia. The potential donor pool is composed of the prosecutors’ offices for the 100 largest cities in the United States over a 10‐year period, with a quantitative categorization of the prosecutors’ offices used both as a variable and to exclude cities that may have been subject to a similar de‐prosecution treatment. The synthetic control model estimates that de‐prosecution has been associated with a statistically significant increase of 74.79 homicides per year in Philadelphia during 2015–2019.Policy ImplicationsAs various prosecution policies such as de‐prosecution are being implemented across the United States, such policies should be tested for downstream results. The broadscale de‐prosecution policy of Philadelphia—particularly for firearm and drug trafficking offenses—appears to have a causal association with a large increase in homicides. The public in Philadelphia will have to make a normative choice between a reduction in the number of prosecutions and an increase in homicides. The government of Philadelphia may consider whether significantly decreased prosecutions by the district attorney's office should result in a decrease in the budget for those services. The overall relationship between de‐prosecution and homicides should be reviewed by prosecutors across the nation for consideration in exercising their prosecutorial discretion, given unique local considerations in each jurisdiction.

Mediation in criminal misdemeanor cases

Objective: to fill a research gap by examining the shortand long-term impact of community mediation in criminal misdemeanor cases within the context of potentially ongoing relationships.Methods: dialectical approach to cognition of social phenomena, using the general scientific and specific scientific methods of cognition, based on it, including telephone polling and studying cases data.Results: Diversion of criminal misdemeanors to mediation by district attorneys has been practiced since the 1970s, but research on its impact on critical outcomes like recidivism is scant and outdated. This quasi-experimental study compares 78 mediated cases from a county that diverts cases to mediation with 128 cases in a similar neighboring county that does not, using phone surveys and case review to ask whether recidivism in mediated cases differs from cases prosecuted or treated as usual over the subsequent year. Controlling for case factors and attitudes toward conflict, a case that is not mediated was five times more likely to result in judicial action, five times more likely to result in jury trial demand, and ten times more likely to result in supervised probation or jail time, and mediated cases were almost five times less likely to return to criminal court in the subsequent year than those that were not mediated.Scientific novelty: Preliminary analysis of case characteristics revealed that cases in the mediation and comparison group had the following characteristics: defendants had no prior felony convictions, did not have multiple misdemeanor charges, and had no outstanding warrants. Charges involving any type of weapon, drugs, or violence more serious than second degree assault had been excluded from the comparison group since they are usually excluded from diversion to mediation.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering the issues related to mediation in criminal misdemeanor cases.The article was first published in English language by Criminology, Criminal Justice, Law & Society and The Western Society of Criminology Hosting by Scholastica. For more information please contact: CCJLS@WesternCriminology.org.For original publication: Charkoudian, L., Walter, J., Harmon-Darrow, C., Bernstein, J. (2021). Mediation in Criminal MisdemeanorCases. Criminology, Criminal Justice, Law & Society, 22 (3), 14–29.Publication URL: https://ccjls.scholasticahq.com/article/30144-mediation-in-criminal-misdemeanor-cases

Prosecutorial Decision Making in Domestic Violence Cases: Are Prosecutors Holding Offenders Accountable?

Domestic violence (DV) continues is an ongoing costly issue for the criminal justice system, Research indicates the prosecutor's filing decision is important to keeping DV victims safe, but there is little research examining prosecutorial filing decisions in DV cases. This study used focal concerns as a theoretical framework to explore which legal and extra-legal factors impact prosecutorial filing decisions in DV cases. The study utilized data collected from 731 misdemeanor and felony DV cases from an urban County in Florida between January 2017 - December 2018. Two binomial logistic regression models were used to predict the likelihood a DV case would be filed on any charge, filed on a DV specific charge or not filed. Results showed some support for focal concerns but findings suggest that factors impacting this decision vary based upon case severity (i.e. misdemeanor, felony). A weapon present decreased the filing likelihood for misdemeanor cases but victim requests not to prosecute and a public attorney decreased filing likelihood for felonies. The prosecutor's decision to file charges is a powerful tool to keep victims safe and should be based on legal facts and risk of future harm, but here these factors had little to no impact on this decision.

Alternative Criminal Punishments for the Settlement of Misdemeanor in a Social Justice Perspective

The national law has a clear vision to realize a just and democratic rule of law. Criminal legal system serves to protect the interests of the society and the nation. Criminal law enforcement nowadays is no longer directed at enforcing crimes, but also to cope with humanitarian interest in criminal actions, especially when it has to defend against misdemeanor. This paper aims to analyze the current dynamics in how Indonesian criminal law contextualize its existence in facing misdemeanor. By using juridical and normative approach with descriptive analytical technique, the results showed inadaptability of criminal law with misdemeanor cases. The results highlight that as a complex part of socio-economic and legal problem, misdemeanor is dynamically challenging legal system and criminalization. This study demonstrated the need for alternative penalties for minor crimes as an integral part of reforming the Indonesian Criminal Code. More specifically, this study shows several requirements that need to be met in the legalization of alternative criminal penalties for minor crimes. In addition, alternative punishments can provide benefits to the community, such as involving criminals in community service and unpaid work. The recommendations are pointed out regarding the application of alternative criminal penalties for minor crimes.

Mediation in Criminal Misdemeanor Cases

Mediation in Criminal Misdemeanor Cases

Spiraling Criminal Debt

The scale of criminal debt in the United States has exploded, with local, state and federal court imposing billions in fines and fees on people in criminal cases. If the person lacks the ability to pay or does not pay the fines, still additional financial penalties can result. Legal consequences of non-payment can in turn result in a person’s loss of a range of other rights, including employment, housing, public assistance, driver’s licenses, and voting rights. The extent of this problem of spiraling criminal debt has been increasingly well-documented and the subject of law and policy reform. This article begins by introducing the problem, through a set of studies in North Carolina, a state that along with many others has expanded the number and inflexibility of criminal fines and fees. First, a study of a novel North Carolina dataset illustrates the scale of such debt, where one in twelve adults in the state owe criminal debt. Much of that debt is concentrated in lower-level traffic and misdemeanor cases. Further, individuals who do not pay court costs or fines within a short time period never do so. Second, a study of driver’s license suspensions illustrates the further impact of those policies: one in seven North Carolina adult drivers have had their licenses indefinitely suspended. Third, surveys of affected individuals further shed light on the broader social impacts of these practices. A wide range of states and the federal government have adopted similar approaches in recent decades, imposing fines and fees in criminal cases without clear regard for ability to pay or the counterproductive impacts of these schemes. In the federal system, criminal fines are often uncollected due to inability to pay. I conclude by addressing law and policy reforms and the constitutional question whether such debt can be imposed on persons who lack ability to pay, and what Equal Protection, Due Process, Keywords: Excessive Fines Clause, and other requirements must be satisfied to constitutionally impose criminal debts.

Pojęcie apelacji i kasacji co do środka karnego w postępowaniu w sprawach o przestępstwa skarbowe i wykroczenia skarbowe – glosa do wyroku Sądu Najwyższego z 8.02.2019 r., IV KK 295/18

In the commented judgment, the Supreme Court took the view that the forfeiture of devices used for gaming machines imposed in the proceedings in fiscal offenses and fiscal misdemeanor cases does not constitute a penal measure, and therefore the cassation appeal against the ruling in the part regarding the penalty is not considered directed against forfeiture under extension of the scope of the appeal based on Article 447 § 2 of the Polish Code of Criminal Procedure. The paper presents arguments for this position to be considered erroneous and analyses the differences in the regulation of penal measures under general and fiscal criminal law and proposes the necessary legislative changes.

Mediation in Criminal Misdemeanor Cases

Diversion of criminal misdemeanors to mediation by district attorneys has been practiced since the 1970s, but research on its impact on critical outcomes like recidivism is scant and outdated. This quasi-experimental study compares 78 mediated cases from a county that diverts cases to mediation with 128 cases in a similar neighboring county that does not, using phone surveys and case review to ask whether recidivism in mediated cases differs from cases prosecuted or treated as usual over the subsequent year. Controlling for case factors and attitudes toward conflict, a case that is not mediated was five times more likely to result in judicial action, five times more likely to result in jury trial demand, and ten times more likely to result in supervised probation or jail time, and mediated cases were almost five times less likely to return to criminal court in the subsequent year than those that were not mediated.

Misdemeanor Crime Rates in the First Year of the COVID-19 Pandemic

Declared a national emergency on March 1, 2020, the Coronavirus Disease (COVID-19) has caused a major change in everyday life and crime statistics across the United States (U.S.). The research in this study aims to assess changes in reported misdemeanor crimes in Alachua County, Florida in the first year of the COVID-19 pandemic, as well as changes in the rate of misdemeanor crimes committed by certain genders and race demographics. Data was collected from the Alachua County Clerk of Circuit Court’s On-Line Court Records and Document Images Access Page from January 2019 to December 2020. The results of this study were consistent with the researcher’s hypothesis that the number of overall misdemeanor cases filed would substantially increase regardless of race or gender, likely as a result of social disorganization and community unrest. However, the original hypotheses that women and Black people would be seen committing higher rates of misdemeanor crimes in 2020 due to gender inequality and racial biases were rejected, with the data showing no statistical significance in the change in the number of cases filed for these populations. A potential explanatory factor for these findings is an overcommitment of responsibilities put upon women and girls, and a fear of racial prejudice and lack of social unity amongst Black people. These findings are important to highlight latent functions of state ordinances enacted to mitigate the spread of COVID-19, and to spotlight necessary crime control and reduction techniques that must be implemented simultaneously to adapt to the “new normal.”