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Published on: February 25, 2011
Making Sense of Misdemeanors: Fine Only Offenses in Convivial Court Rooms
Taylor Needham1, Abena Subira Mackall1, Becky Pettit1
1The University of Texas at Austin, Austin, TX, USA.
Abstract:
This paper investigates how the complexity of and everyday interactions within the criminal legal system sow confusion about the causes and consequences of low-level misdemeanor, or fine only, legal entanglements. Drawing on data from 62 interviews with people assessed legal debt and 240 hours of ethnographic observation in courtrooms, we describe inconsistencies between the design of the criminal legal system and the organization of defendants' lives that undermine the ability of defendants to satisfactorily or summarily resolve their legal cases. We also consider how interpersonal interactions within courts undermine the power of defendants to challenge legal authority, court norms, and established criminal legal processes. These findings illustrate a mismatch between expectations about and experiences with misdemeanor charges that place undue burden on disadvantaged defendants and highlight the scale and impact of fine only misdemeanors as a central inequality generating feature of the contemporary criminal legal system.
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