NCJ Number
15742
Journal
Law and Society Review Volume: 8 Issue: 4 Dated: (SUMMER 1974) Pages: 615-644
Date Published
1974
Length
30 pages
Annotation
SURVEY TO DETERMINE THE EFFECT OF THIS 1972 SUPREME COURT DECISION ON THE PROCESSING OF MISDEMEANOR CASES THROUGH THE COURTS AND ON THE PROSECUTOR'S OFFICE AND THE BAR.
Abstract
THE SUPREME COURT RULED IN ARGERSINGER VERSUS HAMLIN THAT, ABSENT A KNOWING AND INTELLIGENT WAIVER, NO PERSON MAY BE IMPRISONED FOR ANY OFFENSE, REGARDLESS OF THE DURATION OF THE CONFINEMENT, UNLESS REPRESENTED BY COUNSEL AT TRIAL. RESULTS OF A QUESTIONNAIRE MAILED TO DISTRICT, COUNTY AND CITY ATTORNEYS IN 280 COUNTIES NATIONWIDE SHOWED THAT, WHILE A GREAT MAJORITY OF MISDEMEANOR COURTS WERE FOLLOWING ARGERSINGER, THE EFFECT OF THIS COMPLIANCE WAS MUCH LESS THAN HAD BEEN EXPECTED. NO SUBSTANTIAL INCREASE WAS FOUND IN THE NUMBER OF NOT GUILTY PLEAS. ONLY 15 PER CENT OF THE PROSECUTOR'S OFFICES POLLED INDICATED EVEN A MINIMAL INCREASE IN STAFFING. THERE HAS BEEN, HOWEVER, A NOTICEABLE SHIFT IN FAVOR OF PUBLIC DEFENDER SYSTEMS, ESPECIALLY IN COUNTIES WITH SMALL POPULATIONS. THE AUTHOR CONCLUDES THAT THE EFFECT OF ARGERSINGER HAS NOT BEEN TO INCREASE THE AMOUNT OF ADVERSARINESS WITHIN THE SYSTEM, BUT TO INCREASE THE NEED FOR DEFENSE ATTORNEYS TO PROCESS THE DEFENDANT EXPEDITIOUSLY. HE SUGGESTS THAT IT MAY HAVE THE EFFECT OF DELAYING THE PROCEEDINGS, INCREASING LEGAL COSTS, AND ROUTINIZING PROCEDURES FOR HANDLING MISDEMEANOR CASES.