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When misdemeanor defendants are called to their first hearing before the judge, they are expected to “perform” according to a “script” that is known to the other court actors but mysterious to the defendants. In this observation-based study of two lower courts in the Southeastern United States, we uncover how the bureaucratic processes of the court led to three connected difficulties for defendants. First, the “off-stage” delivery of information is such a routinized procedure that it allows little room for defendants to comprehend or question the proceedings. Second, the “scripted” language used in the courts is inaccessible to defendants, especially nonnative English speakers. Third, the punishment of “off-script” behaviors and the oppressive presence of bailiffs marginalizes and disempowers the defendants, pressuring them to stick to the “script” at the expense of their rights assertion. These alienated defendants often chose to waive their right to counsel and forfeit their right to a trial. Instead, we make recommendations for improved procedures to inform and empower defendants about their rights in an inequitable system.
This report is part of a series on misdemeanor waviers of counsel. To read more reports from this series, please visit the page linked below.
