American Courts and the Judicial Process

Featuring the insights of criminal justice scholars G. Larry Mays and Laura Woods Fidelie, American Courts and the Judicial Process, Second Edition, is ideal for undergraduate courts courses. It examines the many elements of the U.S. court system--its structures, functions, and key actors--addressing the major problems facing the system and considering potential solutions. This unique text also provides students with a practical perspective, discussing the contrast between the law and the rules as they are written and the ways in which they actually play out in the real world. The book is enhanced by "In the News" boxes that discuss contemporary events and "World View" boxes covering international courts and legal systems.

G. Larry Mays, now retired, was formally Regents Professor of Criminal Justice at New Mexico State University. He is the author or coauthor of several textbooks, including Making Sense of Criminal Justice, Second Edition (OUP, 2014) and Essentials of Corrections, Fifth Edition (2014).

Laura Woods Fidelie is Associate Professor of Criminal Justice at Midwestern State University. A supplements author for the previous edition of American Courts, she is also coauthor, with G. Larry Mays, of Criminal Law: Core Concepts (2014).

Each Chapter begins with Learning Objectives and an Introduction and ends with a Summary, Questions
for Critical Thinking, Key Terms, Recommended Readings, References, and Endnotes.
Preface
Acknowledgments
I. PERSPECTIVES ON THE JUDICIAL PROCESS
CHAPTER 1. AN OVERVIEW OF THE AMERICAN LEGAL SYSTEM
The Criminal Justice System
The Police
Law Enforcement
Order Maintenance
Public Service
Levels of Police Agencies
Local Police Departments
Sheriffs' Departments
State Policing
Federal Law Enforcement
The Courts
Levels of Courts
Corrections and Criminal Sanctions
Retribution
Rehabilitation
Deterrence
Incapacitation
Levels of Corrections
State Corrections
Federal Corrections
Separation of Powers
The Legislative Branch
The Executive Branch
The Judicial Branch
Federalism
Differences in Court Jurisdictions
Subject Matter Jurisdiction
Venue
Limited Versus General Trial Jurisdiction
Hierarchical Jurisdiction
Law versus Equity
Adversarial Justice
Summary
Questions for Critical Thinking
Recommended Readings
Key Terms
References
Endnotes
CHAPTER 2. FOUNDATIONS AND FUNCTIONS OF LAW
The Development of Law
The Pre- Historical Era
The Early Historical Period
The Modern Era
Typologies of Law
Penal Law
Compensatory Law
Therapeutic Law
Conciliatory Law
Differences in Civil Law and Criminal Law
Civil and Common Law Legal Systems
Civil and Criminal Law in the United States
Examples of Differences
Civil Law Distinctions
Criminal Law Distinctives
Substantive Law versus Procedural Law
Substantive Law
Procedural Law
Sources of Law
Common Law
Constitutional Law
Statutory Law
Case Law
Administrative Law
Degrees of Seriousness
Evilness
Offense Seriousness
Felonies
Misdemeanors
Petty Misdemeanors, Infractions, and Ordinance Violations
Elements of a Crime
Mens Rea
Actus Reus
Concurrence
Inchoate Offenses
Conspiracies
Solicitations
Attempts
Defenses
Burden of Proof
Affirmative Defenses
Self- Defense
Duress
Entrapment
Infancy
Insanity
Intoxication
Necessity
Alibi
Types of Criminal Offenses
Violent Crimes
Aggravated Assaults
Murder and Non-negligent Manslaughter
Rape
Robbery
Crimes against Property
Larceny/Theft
Burglary
Motor Vehicle Theft
Arson
Public Order Offenses
Other Crimes
* Theories of Criminal Punishment
Retribution
Rehabilitation
Deterrence
Incapacitation
II. COURT PARTICIPANTS: ROLES AND RELATIONSHIPS
CHAPTER 3. THE COURTROOM WORK GROUP
The Actors
The Work Group Core
Judges
Prosecuting Attorneys
Defense Attorneys
Other Work Group Actors
Law Clerks
Court Clerks and Court Administrators
Jurors
Witnesses
Police Officers
The News Media
Defining the Courtroom Work Group
Authority Relationships
Influence Relationships
Common Goals
Doing Justice
Maintaining Group Cohesion
Disposing of the Case Load
Reducing Uncertainty
Specialized Roles
Work Techniques
Tasks
Stability and Familiarity
Group Interactions
Judges
Prosecuting Attorneys
Defense Attorneys
Disruptions in Group Goals
CHAPTER 4. JUDGES
Selection of Judges
Partisan Election
Non- Partisan Elections
Appointment
Merit Selection
Judicial Qualifications
Local and State Judges
Federal Judges
Judicial Discipline and Removal from Office
Judicial Independence and Accountability
Quasi- Judicial Officers
Functions Performed by Judges
Pretrial Functions
Trial Functions
Post-Trial Functions
Appellate Functions
Judges as Administrators
CHAPTER 5. LAWYERS AND LITIGANTS
Legal Education in the United States
Primitive Legal Systems
Transitional Legal Systems
Modern Legal Systems
Lawyers and the Practice of Law
Prosecuting Attorneys
Local and State Prosecutors
Federal Prosecutors
Defense Attorneys
The Roles Played by Defense Attorneys
Attorney Status
The Constitutional Right to Counsel
Methods for Selecting Attorneys
Public Defenders
Voucher Systems
Assigned Counsel
Contract Systems
Legal Clinics
Legal Aid Societies
Issues Surrounding Attorney Competence
Attorneys in Civil Cases
Civil Litigants
CHAPTER 6. JURORS, WITNESSES, AND OTHERS IN THE JUDICIAL PROCESS
The Right to a Jury Trial
Jurors and Jury Service
Age Qualifications
Other Requirements for Jurors
Factors That Disqualify Potential Jurors
Jury Selection
Court Clerks and/or Jury Commissioners
Frequency of Jury Service
Excusals at the Time of Trial
Juror Duties
Juror Functions
Jury Size
Jury Unanimity
*Jury Reform Proposals
Witnesses
Bailiffs and Other Security Personnel
Court Clerks and Administrators
Other Courtroom Personnel
III. TRIALS AND RELATED FUNCTIONS
CHAPTER 7. TRIALS AND TRIAL PROCEDURES
Pretrial Procedures
Arrest
Bail
Initial Appearance
Preliminary Hearing
Grand Jury
Arraignment
Pretrial Motions
Discovery
Motions in Civil Cases
Dismissal of Charges
Change of Venue
Continuance
The Trial
Bench Trial or Jury Trial?
Assembling the Jury Pool
Jury Selection
Opening Arguments
Witness Examination
Scientific Evidence in Court
Closing Arguments and Jury Instructions
Jury Deliberations and Verdicts
Sentencing
Appeals
CHAPTER 8. SENTENCING
Sentencing Philosophies
Retribution
Rehabilitation
Deterrence
Incapacitation
Responsibility for Sentencing Decisions
Sentencing Options Available
Misdemeanor Sentences
Probation
Community Service
Fines
Incarceration
Felony Sentences
Community- Based Sanctions
Probation
Economic Sanctions
Incarceration
Capital Punishment
The Sentencing Decision Making Process
Sentencing Strategies Employed
Indeterminate Sentencing
Determinate Sentencing
Structured Sentencing
Mandatory Sentencing
Alternative Sentencing
Race, Ethnicity, and Gender in Sentencing
Minorities and Sentencing
Gender and Sentencing
Trends in Sentencing
Changes in Sentencing Policy
Increased Punitiveness
Capital Punishment
IV. COURT STRUCTURE
CHAPTER 9. COURTS OF LIMITED JURISDICTION AND SPECIALIZED COURTS
The Structure of Limited Jurisdiction Courts
Federal Courts
State Courts
Operations of Limited Jurisdiction Courts
Types of Cases Heard by Lower Level Courts
Tort Claims
Breaches of Contract
Probate Cases
Juvenile Courts
Background
Court Mandate
Age Jurisdiction
Subject Matter Jurisdiction
Other Specialized Courts
Family Courts
Probate Courts
Other Specialized Courts
Problem-Solving Courts and Therapeutic Jurisprudence
CHAPTER 10. COURTS OF GENERAL TRIAL JURISDICTION
Creation of State Courts
Jurisdiction of State Courts
Courts of General Jurisdiction
State Court Workloads
Civil Cases
Breaches of Contract
Tort Claims
Domestic Relations
Criminal Cases
Establishment of the Federal District Courts
Jurisdiction of the Federal District Courts
Maritime Cases
Diversity of Citizenship
U.S. Government as a Party
Case and Controversy Rule
Flexibility of Jurisdiction
Structure of the Federal District Courts
Workload of the Federal District Courts
Civil Rights Cases
Criminal Cases
Bankruptcy Cases
CHAPTER 11. COURTS OF APPELLATE JURISDICTION
Structure of State Appellate Courts
Intermediate Courts of Appeals
Courts of Last Resort
Structure of Federal Appellate Courts
United States Courts of Appeals
The Court of Last Resort
Judges and Justices of Appellate Courts
Appellate Court Decision Making
Workloads of Appellate Courts
Adding Judges
Intermediate Appellate Courts
Panel Decision Making
Law Clerks and Staff Attorneys
Other Solutions
The Mechanisms for Appeal
The Outcomes of Appeals
V. ISSUES FACING THE COURTS
CHAPTER 12. ADDRESSING THE PROBLEMS AND CRAFTING SOLUTIONS
Resource Issues
Judicial Independence
Budgets
Court Jurisdiction
Elections
Management Concerns
Pro Se Litigation and Access to the Courts
Alternative Dispute Resolution
Negotiation
Mediation
Arbitration
Hybrid ADR Options
Restorative Justice as a Form of ADR
Issues of Gender and Race
Gender Issues
Women as Victims
Women as Offenders
Women as Judges and Attorneys
Race and Justice
Minorities as Defendants
Minorities as Judges and Attorneys
The Use of Scientific Evidence
Wrongful Convictions
Eyewitness Misidentification
False Confessions
Jailhouse Snitches
Misleading Forensic Science
Prosecutorial Misconduct
Ineffective Counsel
Adjudicating Non-Traditional Issues: The Case of Terrorism
APPENDIX: THE CONSTITUTION OF THE UNITED STATES AND AMENDMENTS
Glossary
Table of Cases
Index