This book explores misdemeanor courts in the United States by
focusing on the processing of misdemeanor crimes and the resultant
consequences of conviction, such as loss of employment and housing,
the imposition of significant fines, and loss of liberty-all
amounting to the criminalization of poverty that happens in many
U.S. misdemeanor courts. A major concern is the lack of due process
employed in lower courts. Although the seminal case of Gideon v.
Wainwright required the appointment of counsel to individuals too
poor to hire counsel in felony cases, it was not until 1967, when
the President's Commission on Law Enforcement and Administration of
Justice found a crisis in the lower courts, that the Supreme Court
extended the right to counsel to some (though not all) prosecutions
of misdemeanor offenses. The first step to improving our
understanding of the lower courts is a concerted effort by scholars
to focus on the processing and outcomes of misdemeanor cases. This
collection begins to fill the void by providing a comprehensive
review of the scholarly work on the lower courts in the United
States. Collecting analysis from key academics engaged in work in
this area today, the book reviews the varying specialized lower
criminal courts, including specialty courts that have emerged in
just the last couple of decades, along with discussions of the
history, legal challenges, operation, primary actors (judges,
prosecutors, defense counsel, and defendants), and current research
on these courts. The book explores the profound consequences
misdemeanor processing has for defendants and discusses the future
of the lower criminal courts and offers best practices to improve
them. The Lower Criminal Courts is essential for scholars and
undergraduate and graduate students in criminology, sociology,
justice studies, pre-law/legal studies, political science, and
social work, and it is also useful as a resource providing legal
practitioners with important information, highlighting the
significance of consequences of misdemeanor arrests, detentions,
and adjudications.
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