Thursday, May 28, 2009
Americans spends too much time and money prosecuting minor legal infractions, draining the U.S. court system of precious dollars and leaving defendants without adequate legal defense, according to a new study by the National Association of Criminal Defense Lawyers (NACDL). The report concludes that state and local governments waste millions of tax dollars each year prosecuting misdemeanor offenses, and thus creating huge deficits in their budgets and violating the constitutional rights of citizens accused of crimes.
NACDL President John Wesley Hall said courts spend an average of $50 to $60 per person per day on prosecuting low-level violations such as curfew violations, loitering and open container laws. As many as 10 million misdemeanor cases are taken up annually in local courtrooms, which forces public defenders and probation officers to handle hundreds more cases than they can realistically manage. This case overload has resulted in defendants receiving scant or no legal counsel whatsoever, leading to lawsuits that further drain the legal system.
The NACDL recommends that states divert non-violent misdemeanor cases to programs that are less costly and result in community service or civil fines.
-Noel Brinkerhoff
Taxpayers’ Millions Down the Drain--Along with Constitution (National Association of Criminal Defense Lawyers press release)
Minor Crimes, Massive Waste: The Terrible Toll of America’s Broken Misdemeanor Court (National Association of Criminal Defense Lawyers report)
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