“Do You Understand”: Unrepresented and Unknowing Rights Waivers by Misdemeanor Defendants

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

Abstract

Previous research suggests that criminal defendants do not understand their Miranda rights, but few studies have examined defendants' rights comprehension in the criminal court setting. Building on previous linguistic research evaluating understanding in the Miranda context, this paper presents findings from a research study that examined transcripts of arraignment hearing plea colloquies with unrepresented misdemeanor defendants. We find parallel linguistic issues in how judges determine knowing and intelligent waivers of counsel and rights to trial. Policy recommendations on improving defendant rights comprehension will be discussed.

Author

• Amanda Izes, Hofstra University