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WORK IN PROGRESS PAPER--ACCEPTED 05--Deal or No Deal? Delivering Justice in Misdemeanor Courts

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Abstract:

The proposed research involves within-in method, triangulated qualitative analyses involving (1) semi-standardized interviews with individual members of the courtroom workgroup (judges, prosecutors, defense counsel and court personnel); (2) focus group data obtained from four courtroom workgroup-member focus groups; and (3) case studies of specific case dispositions identified during interviews and focus group discussions. The proposed research is the second phase of a multi-phased pilot study consisting of a quantitative examination of Orange County’s County Court data to determine how the jurisdiction disposes of misdemeanor cases (excluding traffic offenses); a qualitative analysis of courtroom workgroup members to discover perceptions of how case dispositions are reached; and a legal investigation of state and local legislation to discern what conduct is deemed to qualify as misdemeanant criminal behavior. If the study is successful, the investigator hopes to begin a long-term study replicating the pilot throughout the remaining counties in Florida. The long-term research will examine how organizational dynamics of the misdemeanor courtroom work group elite (judges, prosecutors, defense counsel, and court personnel) affect the delivery of fair and impartial case dispositions. The ultimate objective is to integrate research results with educational theory to design a reformed, evidence-based ethics curriculum for professionals, law students, graduate students and undergraduate students. Through the application of the ultimate research findings, the investigator hopes to enhance adherence to professional ethical standards in Florida’s misdemeanor courts – increasing the provision of due process to the accused, improving the delivery of fair and impartial case dispositions, and, over time, reviving American’s trust in their justice system.
The investigator anticipates the research results will, first and foremost, provide empirical results that do not now exist. Additionally, these results may provide insight into whether the condition of Florida’s misdemeanor courts are as dire as some have reported. Of significance are the perceptions of Orange County’s workgroup members regarding the court’s disposition of its voluminous case load. Better understanding of the workgroup elite’s perceptions (how cases are processed, how cases are decided, whether workgroup members observe professional ethical practices, and what issues may be identified) will help inform the subsequent stages of the larger research agenda – determining how those decisions are made and what influences, if any, the courtroom workgroup members have on those decisions.
The proposed population for the pilot study is Orange County, Florida County Court, and more particularly, the judges, prosecutors, defense counsel and court personnel from Orange County’s misdemeanor court. Both focus group interviews and one-on-one interviews will be conducted. The investigator anticipates completing the focus group interviews prior to beginning individual interviews. Four focus groups consisting of seven to ten members will be created for each category of courtroom workgroup member. Focus group interview questions will be developed and presented to the groups. Observing the participants’ interactions, attitudes and experiences will also be informative in formulating one-on-one interview questions. Once the individual interview questions are completed, one-on-one interviews with individual members of the courtroom workgroup will be scheduled and conducted. Optimally, the investigator proposes conducting interviews of 15-20 members of each courtroom workgroup category. The investigator anticipates including questions in both the focus groups sessions and the individual interviews that will generate information that can be used to identify the third component of the qualitative portion of the pilot study, the case studies. Whether the case studies are more pointed in their approach or include a broader view of the court process is a decision that will be delayed until the focus group sessions and the individual interview sessions are completed.
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Name: The Law and Society Association
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MLA Citation:

Brown, Cynthia. "WORK IN PROGRESS PAPER--ACCEPTED 05--Deal or No Deal? Delivering Justice in Misdemeanor Courts" Paper presented at the annual meeting of the The Law and Society Association, Westin St. Francis Hotel, San Francisco, CA, May 30, 2011 <Not Available>. 2013-05-22 <http://citation.allacademic.com/meta/p496893_index.html>

APA Citation:

Brown, C. A. , 2011-05-30 "WORK IN PROGRESS PAPER--ACCEPTED 05--Deal or No Deal? Delivering Justice in Misdemeanor Courts" Paper presented at the annual meeting of the The Law and Society Association, Westin St. Francis Hotel, San Francisco, CA <Not Available>. 2013-05-22 from http://citation.allacademic.com/meta/p496893_index.html

Publication Type: Work in Progress Paper
Review Method: Peer Reviewed
Abstract: The proposed research involves within-in method, triangulated qualitative analyses involving (1) semi-standardized interviews with individual members of the courtroom workgroup (judges, prosecutors, defense counsel and court personnel); (2) focus group data obtained from four courtroom workgroup-member focus groups; and (3) case studies of specific case dispositions identified during interviews and focus group discussions. The proposed research is the second phase of a multi-phased pilot study consisting of a quantitative examination of Orange County’s County Court data to determine how the jurisdiction disposes of misdemeanor cases (excluding traffic offenses); a qualitative analysis of courtroom workgroup members to discover perceptions of how case dispositions are reached; and a legal investigation of state and local legislation to discern what conduct is deemed to qualify as misdemeanant criminal behavior. If the study is successful, the investigator hopes to begin a long-term study replicating the pilot throughout the remaining counties in Florida. The long-term research will examine how organizational dynamics of the misdemeanor courtroom work group elite (judges, prosecutors, defense counsel, and court personnel) affect the delivery of fair and impartial case dispositions. The ultimate objective is to integrate research results with educational theory to design a reformed, evidence-based ethics curriculum for professionals, law students, graduate students and undergraduate students. Through the application of the ultimate research findings, the investigator hopes to enhance adherence to professional ethical standards in Florida’s misdemeanor courts – increasing the provision of due process to the accused, improving the delivery of fair and impartial case dispositions, and, over time, reviving American’s trust in their justice system.
The investigator anticipates the research results will, first and foremost, provide empirical results that do not now exist. Additionally, these results may provide insight into whether the condition of Florida’s misdemeanor courts are as dire as some have reported. Of significance are the perceptions of Orange County’s workgroup members regarding the court’s disposition of its voluminous case load. Better understanding of the workgroup elite’s perceptions (how cases are processed, how cases are decided, whether workgroup members observe professional ethical practices, and what issues may be identified) will help inform the subsequent stages of the larger research agenda – determining how those decisions are made and what influences, if any, the courtroom workgroup members have on those decisions.
The proposed population for the pilot study is Orange County, Florida County Court, and more particularly, the judges, prosecutors, defense counsel and court personnel from Orange County’s misdemeanor court. Both focus group interviews and one-on-one interviews will be conducted. The investigator anticipates completing the focus group interviews prior to beginning individual interviews. Four focus groups consisting of seven to ten members will be created for each category of courtroom workgroup member. Focus group interview questions will be developed and presented to the groups. Observing the participants’ interactions, attitudes and experiences will also be informative in formulating one-on-one interview questions. Once the individual interview questions are completed, one-on-one interviews with individual members of the courtroom workgroup will be scheduled and conducted. Optimally, the investigator proposes conducting interviews of 15-20 members of each courtroom workgroup category. The investigator anticipates including questions in both the focus groups sessions and the individual interviews that will generate information that can be used to identify the third component of the qualitative portion of the pilot study, the case studies. Whether the case studies are more pointed in their approach or include a broader view of the court process is a decision that will be delayed until the focus group sessions and the individual interview sessions are completed.

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