In 2002, the District Attorneys of all five boroughs of New York City adopted a citywide plea bargaining policy under a program entitled "Operation Spotlight" that targeted "persistent misdemeanants
City of Indianapolis, (117) a city police officer argued that prohibiting domestic violence misdemeanants
from possessing guns interfered with states' sovereignty under the Tenth Amendment, specifically with respect to states' prerogative to establish the qualifications for police forces.
118) As outlined in Secretary Jeh Johnson's 2014 memorandum defining the program, PEP prioritizes enforcement and possible detention under a descending hierarchy of three categories: Priority One addresses threats to national security, border security, and public safety; Priority Two deals with misdemeanants
and new immigration violators; and Priority Three covers other immigration violations.
After arrest and booking, alleged misdemeanants
are held at the
Therefore, while Hashimoto's study raises critical questions regarding why federal misdemeanants
appear to be better off without representation, it cannot say whether the presence or absence of counsel is a causal factor driving those results.
Models differ across jurisdictions: some MHCs intervene before trial, others only after a finding of guilt; misdemeanants
are the exclusive focus of the Broward court, but defendants accused of felonies are also eligible in some places; most MHCs don't control their own treatment resources, but a small number--like the Miami-Dade program in South Florida--do.
One of the bills revises mental health services in the criminal justice system (HB 439), by, in part, expanding veterans court eligibility, authorizing county court judges to order misdemeanants
to involuntary outpatient treatment if certain conditions are met, and creating statutory authority and guidelines for the establishment of mental health courts.
Congress barred felons from possessing guns in 1968, and added domestic violence misdemeanants
to the list almost 30 years later - but what about bad-guys-in-training?
and persons subject to a protective order.
The Appellate Defenders and Court-Appointed Attorneys Represented Similar Percentages of Felons and Misdemeanants
It prohibited status offenders and certain misdemeanants
from being housed in secure facilities.
116) Excessive caseloads for defenders make misdemeanants
more likely to suffer from ineffective assistance of counsel.