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70 Wash. & Lee L. Rev. 1089 (2013)
Crashing the Misdemeanor System

handle is hein.journals/waslee70 and id is 1119 raw text is: Crashing the Misdemeanor System Jenny Roberts* Table of Contents I. Introduction ...................................1090 II. Defense Counsel's Role in Making the Criminal Justice System Feel the True Cost of Mass Misdemeanor Processing ................. .....1102 III. Strategies for Focusing on Misdemeanors .... .....1106 A. Focusing on Public Order Offenses ....... .....1106 B. Specialized Misdemeanor Practice Groups.............1109 C. Office-Wide Policies to Advance Quality Lower Court Representation ................ .....1110 D. Supplementing Defender Focus on Misdemeanors with Other Strategies for Reform of the Lower Criminal Courts ................ .....1113 IV. A Different Conception of Triage: In Favor of Minor Misdemeanors ................... .....1114 A. The Debate over Public Defender Triage................1115 1. Innocence- and Stakes-Based Triage ................1117 2. Multicategory Triage Approach (with a Focus on Innocence) .............. ......1120 3. Triage Based on Case Seriousness: Cutting Back on Misdemeanor Representation .............1122 4. Refusing to Triage ............... ......1124 B. Shrinking Mass Misdemeanor Processing, Not Gideon ........................ .....1125 C. Arguments Against Defender Focus on Minor Misdemeanors (and Responses) ..... ....1128 * Many thanks to the participants in, and organizers of, the Washington and Lee University School of Law's Gideon at 50 Symposium, and to the NYU/Clinical Law Review Writer's Workshop 2012 participants. For their insightful suggestions and comments, thanks also to Brandon Garrett, Chris Fabricant, and Babe Howell. Kathryn Wilson offered outstanding research assistance. 1089

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