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An initial appearance is often the first—and sometimes the only—courtroom proceeding for misdemeanor defendants. The purpose of this proceeding is to inform arrested people about the chargers and advise them about their constitutional rights so that they can make knowing, intelligent, and voluntary legal decisions, including whether to waive their right to counsel and their right to trial.

As part of a larger study about the waiver of rights, Amanda Izes and Professor Alisa Smith observed misdemeanor arraignments, analyzed hearing transcripts, and interviewed defendants who waived their right to counsel and pleaded guilty.

Their research reveals that misdemeanor arraignment proceedings are highly structured performances, dominated by highly structured interactions between judges and defendants. The authors also propose simple behavioral and procedural changes that could ensure access to justice and due process of law.

The Deason Criminal Justice Reform Center presents a monthly series highlighting recent criminal justice scholarship. Speakers present and workshop timely scholarship to a small group of academics, practitioners, and stakeholders to solicit feedback and constructive critique about their ongoing work.

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