Complex Decisions Under Tight Time Constraints: Misdemeanor Defendants' Motivations for Proceeding Without Counsel

• In Event: Data in Indigent Defense: Rights Waivers by Unrepresented Misdemeanor Defendants

Abstract

Millions of misdemeanor defendants resolve their cases without counsel, and limited prior research suggests the right to counsel is forfeited because misdemeanors are perceived as insignificant and not worth the added costs for lawyers they regard as untrustworthy. The current study builds on this prior research by engaging in extended, longitudinal interviews with defendants to examine their lived experiences, which shape and influence the decision to forgo counsel. We found that defendants made quick and complex cost-benefit assessments under significant pressure, and the high-pressure decisions were mainly influenced by their anxiety about going to court, distrust in the legal system, particularly public defenders, and misaligned expectations for how they thought the hearing would proceed. Policy recommendations drawn from the defendants' accounts will be discussed.

Author

• Sarah Stice, University of Georgia