The Validity of Misdemeanor Pleas

• In Event: Advances in the Study of Guilty Pleas and Prosecution

Abstract

Misdemeanors account for the vast majority of criminal cases each year, upwards of 80% of criminal caseloads in some states (Court Statistics Project, 2016). Further, in the United States approximately 97% of criminal cases (felony and misdemeanor) are resolved through guilty pleas (Bureau of Justice Statistics, 2010). Despite the prevalence of misdemeanor pleas in the United States, however, little attention has been paid to the validity of these pleas. The validity of guilty pleas is often concerned with three main factors: (1) knowingness and intelligence of the decision, (2) voluntariness of entering the plea, and (3) factual guilt (Redlich, 2016). The court traditionally evaluates the validity of guilty pleas through oral judicial plea colloquies during plea hearings and written tender-of-plea forms. This presentation will provide new data obtained from systematic observations of plea hearings and interviews with defendants. Observational and interview data of misdemeanor and felony pleas will be analyzed and compared, focusing on the three main factors of plea validity. The presentation will conclude with research and policy implications for misdemeanor pleas.

Authors

• Amy Dezember, George Mason University

• Samantha Luna, George Mason University

• Melissa Manley, George Mason University

• Megan Stoltz, George Mason University

• Allison D. Redlich, George Mason University