Introduction—Why Misdemeanor Courts Matter

Misdemeanors dominate the business of the criminal justice system. Yet, until recently, scholarly work and legal practitioners have paid little attention to the mass processing of misdemeanor cases. The first chapter of The Lower Criminal Courts highlights the available, national data that show a three-to-one ratio of misdemeanor to felony arrests and case processing, followed by a brief history of the lower courts and summary of the chapter topics. The first section of the book provides a legal history of misdemeanant rights and a discussion and application of early empirical work by Malcolm Feeley. The second section focuses on research, ranging from the impact of broken-windows policing, obstructions to access to counsel, the diversity of the lower courts, plea bargaining, the influence of race on sentencing, the impact of financial obligations on defendants, and the growth of specialty courts. The final section emphasizes potential reform, including improving the courtroom workgroup, changes in bail policy, defendant treatment, and specialty courts.