Criminal Justice
Stop Prosecuting Many Misdemeanors, Defense Counsel Group Suggests
Posted Apr 30, 2009 1:21 PM CST
By Martha Neil
Cash-strapped courts throughout the country could save a significant amount of money if they simply stopped prosecuting nonviolent misdemeanor cases, a study by a national defense counsel group suggests in a national report yesterday.
Instead of seeking jail time, a system of civil fines and community service would be at least as effective and far less costly in many misdemeanor cases, says the National Association of Criminal Defense Lawyers in an executive summary (PDF) of its report.
This would also relieve burdensome caseloads on attorneys and judges that is preventing them from fulfilling their ethical obligations to provide full and fair trials to defendants in misdemeanor cases, the NACDL report contends. It calls for all defendants in misdemeanor cases who face potential jail time to be provided with legal representation.
A full copy of the report (PDF), Minor Crimes, Massive Waste: The Terrible Toll of America’s Broken Misdemeanor Court, is provided by the NACDL.
Additional coverage:
National Law Journal: "NACDL Report Blasts Misdemeanor Courts"
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Comments
B. McLeod
Apr 30, 2009 2:34 PM CST
Across the country, jail costs and court costs are forcing this issue on this. Taxpayers are going to have to find that balance between wanting every little vice offense to be prosecuted, and not wanting to pay more taxes to cover the attendant expense. I really believe it is time to seriously consider legalizing and regulating/taxing a range of misdemeanor substance and vice offenses. Both the public and the individuals participating in the commerce could be better protected by a regulatory framework than by the current prohibitions (which have failed anyway).
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JAG - CWP
Apr 30, 2009 6:43 PM CST
Correct.
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Realist
Apr 30, 2009 9:40 PM CST
Or, you could remove the pensions that allow municipal workers to retire at age 55 Replace those pension plans with long-term disability insurance who legitimately need it. Then be ready to work as long as you’re living and walking on two legs (or equivalent).
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