The Consequences of Pressured Plea Decisions

• In Event: Engaging the Defendant: Strategies for Effective Communication in Critical Legal Conversations

Abstract

“It made me feel like wanting to give up because everything’s happening at once” Prior research demonstrates that the misdemeanor court process encourages defendants to resolve their cases quickly and efficiently at the expense of due process. Building on previous scholarly research, we found that (1) misdemeanor defendants adopt the court’s efficiency language immediately after resolving their cases, minimizing the consequences of the financial penalties and the necessity of counsel and downplaying the future consequences of their cases and penalties. Longitudinal interviews, however, uncovered disparities for those without “cultural capital,” they experienced (2) unanticipated consequences from the uncounseled plea and quick resolution, including collateral effects, which negatively impacted the quality of their lives and increased their cynicism about the legal system. Policy recommendations for improving the misdemeanor court process and reducing the negative consequences of uncounseled and quick pleas will be discussed.

Authors

• Sarah Stice, University of Georgia

• Alisa Smith, University of Central Florida