America’s Courts and the Criminal Justice System

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ISBN: 9780534547028 | 0534547028
Cover: Hardcover
Copyright: 6/26/1998

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Open this book and step into America's court system! What's it like to be a judge? A prosecutor? A defense attorney? With Neubauer's best-selling book, you'll find out! This fascinating and well-researched text gives you the sense of being in the courthouse-of what it is like to work in and be a part of the system. This concept of the courthouse "players" illustrates each person's important role in bringing a case through the court process. Throughout the text, Neubauer highlights not only the pivotal role of the criminal courts within the criminal justice system but also the court's importance and impact on society as a whole.

Preface

xiii

To the Student

xvii

About the Author

xix

Courts, Crime, and Controversy

(24)

The Courts and the Criminal Justice System

(3)

An Interdependent Criminal Justice System

(1)

A Fragmented Criminal Justice Nonsystem

(1)

Tensions and Conflicts

(1)

Courts, Crime, and the Public

(2)

Finding the Courthouse

(1)

Identifying the Actors in the Courthouse

(3)

Prosecutors

(1)

Defense Attorneys

(1)

Judges

(2)

Defendants and Their Victims

(1)

Following the Steps of the Process

(4)

Crime

(1)

Arrest

(1)

Initial Appearance

(1)

Bail

(1)

Preliminary Hearing

(1)

Charging Decision

(1)

Grand Jury

(1)

Arraignment

(1)

Evidence

(1)

Plea Negotiations

(1)

Trial

(1)

Sentencing

(1)

Appeal

(1)

Law on the Books

(1)

Law in Action

(1)

Case Focus: Overview

(2)

Assembly-line Justice

(1)

Discretion

(1)

The Courtroom Work Group

(1)

Close-Up: Overview

(1)

Courts and Controversy

(1)

Controversy: Overview

(2)

Crime Control Model

(1)

Due Process Model

(1)

Conclusion

(4)

Critical Thinking Questions

(1)

Browsing the Web

(1)

References

(1)

For Further Reading

(2)

PART I The Legal System

(80)

Law and Crime

(30)

The Basis of Law

(1)

The Common Law Heritage

(4)

Judge-Made Law

(1)

Precedent

(1)

Multiple Sources of Law

(3)

The Adversary System

(1)

Safeguards

(1)

Presumption of Innocence

(1)

The Rights of the Accused

(2)

Due Process

(1)

Bill of Rights

(1)

Civil Law

(5)

Basis for Filing a Civil Suit

(1)

Remedies

(1)

Using Civil Remedies to Fight Crime

(1)

Controversy: Should Asset Forfeiture Be Limited?

(2)

Civil Liability of Criminal Justice Officials

(1)

Criminal Law

(2)

Case Focus: Louisiana v. Peairs and the Difference between Criminal and Civil Law

(1)

Elements of a Crime

(3)

Guilty Act

(1)

Guilty Intent

(1)

Fusion of Guilty Act and Guilty Intent

(1)

Attendant Circumstances

(1)

Results

(1)

Legal Defenses

(1)

Criminal Law: Constant and Changing

(2)

Close-Up: Rape Becomes Sexual Assault

(1)

Pressures for Changing the Criminal Law

(1)

Piecemeal Change

(1)

Effects of the Criminal Law on the Courts

(2)

Criminal Law and Inconsistencies

(1)

Criminal Law and Plea Bargaining

(1)

Criminal Law and Sentencing

(1)

Conclusion

(3)

Critical Thinking Questions

(1)

Browsing the Web

(1)

References

(1)

For Further Reading

(1)

Federal Courts

(30)

Basic Principles of Court Organization

(3)

Jurisdiction

(1)

Trial and Appellate Courts

(1)

Dual Court System

(1)

History of the Federal Courts

(1)

The Constitutional Convention

(1)

Controversy: Should the Double Jeopardy Clause Prohibit Parallel State and Federal Prosecutions?

(2)

The Judiciary Act of 1789

(1)

1789-1891

(1)

Court of Appeals Act of 1891

(1)

Federal Courts Today

(1)

U.S. Magistrate Judges

(2)

Caseload of U.S. Magistrate Judges

(1)

U.S. District Courts

(3)

Caseload of U.S. District Courts

(2)

Close-Up: The Effects of Federal Law on State and Local Criminal Justice

(1)

U.S. Courts of Appeals

(1)

Caseload of U.S. Courts of Appeals

(1)

U.S. Supreme Court

(1)

Caseload of U.S. Supreme Court

(1)

Specialized Courts

(2)

Military Justice

(1)

Tribal Courts

(1)

Federal Judicial Administration

(2)

Chief Justice

(1)

Judicial Conference of the United States

(1)

Administrative Office of the U.S. Courts

(1)

Federal Judicial Center

(1)

Judicial Councils

(1)

U.S. Sentencing Commission

(1)

Rising Caseloads in the Federal Courts

(3)

Dramatic Increase in Workload

(2)

How Many Federal Judges Are Too Many?

(1)

Reduce Federal Jurisdiction?

(1)

Controversy: Should State Crimes Also Become Federal Violations?

(1)

Consequences of Federal Involvement in the Criminal Justice System

(2)

Limited Scope

(1)

Case Focus: U.S. v. Miller and the Right to Bear Arms

(2)

Forum for Symbolic Politics

(1)

Federal Dollars

(1)

Conclusion

(4)

Critical Thinking Questions

(1)

Browsing the Web

(1)

References

(1)

For Further Reading

(2)

State Courts

(19)

History of State Courts

(2)

Colonial Courts

(1)

Early American Courts

(1)

Courts in a Modernizing Society

(1)

Trial Courts of Limited Jurisdiction: Lower Courts

(1)

Trial Courts of General Jurisdiction: Major Trial Courts

(2)

Criminal Cases

(1)

Civil Cases

(1)

Intermediate Courts of Appeals

(1)

Courts of Last Resort: State Supreme Courts

(1)

Court Unification

(1)

Case Focus: Wachtler v. Cuomo and Court Financing

(2)

Simplified Court Structure

(2)

Centralized Administration

(1)

Centralized Rule Making

(1)

Centralized Judicial Budgeting

(1)

Statewide Financing

(1)

Court Reform: The Emerging Agenda

(2)

Controversy: The Politics of Court Reorganization

(1)

Consequences of Court Organization

(1)

Decentralization and Choice of Courts

(1)

Close-Up: Drug Courts

100

(1)

Local Control and Local Corruption

100

(1)

Conclusion

101

(4)

Critical Thinking Questions

102

(1)

Browsing the Web

102

(1)

References

102

(1)

For Further Reading

103

(2)

PART II Legal Actors

105

(126)

The Dynamics of Courthouse Justice

106

(23)

The Courthouse and the People Who Work There

107

(4)

The Courthouse

108

(1)

The Courtroom

108

(3)

Close-Up: ``Those People Behind the Scenes''

111

(2)

Behind the Scenes

111

(2)

Dynamics of Courthouse Justice

113

(1)

Assembly-line Justice

113

(2)

Strengths of the Explanation

114

(1)

Weaknesses of the Explanation

114

(1)

Assembly-line Justice Reconsidered

115

(1)

Discretion

115

(1)

Controversy: ``23 1/2 Hours in Court: 1,636 Cases Later''

116

(1)

Legal Judgments

117

(1)

Policy Priorities

117

(1)

Personal Philosophies

117

(1)

The Courtroom Work Group

117

(3)

Mutual Interdependence

118

(1)

Socialization

118

(1)

Shared Decision Making

119

(1)

Variability in Courtroom Work Groups

120

(1)

The Problem of Delay

120

(2)

Consequences of Delay

120

(1)

Assessing the Costs of Delay

121

(1)

Law-on-the-Books Approach to Court Delay

122

(1)

Speedy-Trial Laws

123

(1)

Case Focus: Barker v. Wingo and the Right to a Speedy Trial

123

(1)

Limits of Speedy-Trial Laws

123

(1)

Law-in-Action Approach to Court Delay

124

(1)

Case Scheduling

123

(2)

Efforts at Coordination

125

(1)

Conclusion

125

(4)

Critical Thinking Questions

126

(1)

Browsing the Web

126

(1)

References

126

(2)

For Further Reading

128

(1)

Prosecutors

129

(27)

Role of the Prosecutor

130

(1)

Broad Discretion

130

(1)

Decentralization

131

(1)

Prosecution in Federal Courts

131

(3)

Case Focus: Burns v. Reed and Prosecutorial Immunity

134

(2)

Solicitor General

134

(1)

Criminal Division of the Justice Department

135

(1)

Controversy: Does the Federal Government Need an Independent Counsel?

136

(2)

U.S. Attorneys

138

(1)

Prosecution in State Courts

138

(3)

State Attorney General

139

(1)

Chief Prosecutor

139

(1)

Local Prosecutor

140

(1)

The Prosecutor at Work

141

(2)

Fighting

141

(1)

Negotiating

142

(1)

Drafting

142

(1)

Counseling

142

(1)

Administering

142

(1)

The Prosecutor's Office at Work

143

(1)

Assistant District Attorneys

143

(1)

Learning the Job

143

(1)

Close-Up: ``The Prosecutor: A Maze of Paperwork without End''

144

(4)

Promotions and Office Structure

145

(2)

Supervision

147

(1)

Attempts at Greater Supervision

148

(1)

Prosecutors and Courtroom Work Groups

148

(3)

Conflicting Goals and Contrasting Work Groups

149

(1)

Political Styles and Contrasting Work Groups

150

(1)

The Expanding Domain of the Prosecutor

151

(2)

Improving Police-Prosecutor Relationships

151

(1)

Community Prosecution

152

(1)

Conclusion

153

(3)

Critical Thinking Questions

153

(1)

Browsing the Web

153

(1)

References

154

(1)

For Further Reading

155

(1)

Defense Attorneys

156

(25)

The Right to Counsel

157

(3)

Nonfelony Criminal Prosecutions

158

(1)

Stages of the Criminal Process

158

(2)

Case Focus: Gideon v. Wainwright and the Right to Counsel

160

(2)

Ineffective Assistance of Counsel

160

(1)

Self-Representation

161

(1)

Defense Attorneys at Work

162

(2)

Fighting

162

(1)

Negotiating

162

(1)

Drafting

162

(1)

Counseling

163

(1)

Administering

163

(1)

Defense Attorneys and Courtroom Work Groups

164

(1)

Rewards and Sanctions

164

(1)

Close-Up: ``Legal Workload Frustrating to Both Sides''

165

(2)

Variations in Cooperation

166

(1)

An Assessment

166

(1)

The Criminal Bar

167

(2)

Diversity and Stratification of the Legal Profession

167

(1)

Environment of Practice

168

(1)

Providing Indigents with Attorneys

169

(5)

Assigned Counsel

170

(2)

Contract Systems

172

(1)

Public Defender

172

(1)

Assessing the Merits of Public Defenders

173

(1)

Controversy: Are We Spending Too Little or Too Much on Indigent Defense?

174

(1)

Lawyers and Clients

174

(3)

Lawyers View Their Clients

176

(1)

Defendants View Their Lawyers

176

(1)

Conclusion

177

(4)

Critical Thinking Questions

177

(1)

Browsing the Web

178

(1)

References

178

(1)

For Further Reading

179

(2)

Judges

181

(27)

The Position of Judge

182

(1)

Benefits of the Job

182

(1)

Frustrations of the Job

183

(1)

Judges at Work

183

(3)

Fighting

185

(1)

Negotiating

185

(1)

Drafting

185

(1)

Counseling

185

(1)

Administering

186

(1)

Judges within the Courtroom Work Group

186

(1)

Differences among Judges

186

(1)

Close-Up: ```Frustrated' Judge Gets the Gridlocked System Moving''

187

(1)

Quality and Qualification of Judges

188

(1)

Varying Roads to a Judgeship

188

(4)

Executive Appointments

188

(2)

Election of Judges

190

(1)

Merit Selection

191

(1)

Consequences of Judicial Selection

192

(2)

Which System Is Best?

192

(1)

Similarities in Judges' Backgrounds

193

(1)

Diversity and the Judiciary

193

(1)

Controversy: Is Gender Bias a Significant Problem in the Courts?

194

(2)

Case Focus: Chisom v. Roemer and Diversity and the Bench

196

(1)

Learning to Be a Judge

196

(2)

Judicial Education

198

(1)

Judging the Judges

198

(2)

Judicial Independence

198

(1)

Judicial Misconduct

199

(1)

Controversy: Is Judicial Independence Being Undermined?

200

(4)

State Judicial Conduct Commissions

200

(2)

Federal Conduct and Disability Act

202

(2)

Conclusion

204

(4)

Critical Thinking Questions

204

(1)

Browsing the Web

204

(1)

References

205

(2)

For Further Reading

207

(1)

Defendants and Victims

208

(23)

Defendants

209

(1)

Characteristics of Defendants

209

(1)

Close-Up: The Typical Defendant?

210

(2)

Defendants in Court

211

(1)

Courts Through the Eyes of Victims and Witnesses

212

(1)

Frustrations in Coping with the Process

212

(1)

Travails of Testifying

212

(1)

Close-Up: Trial by Ordeal for Waiting Witnesses

213

(1)

Surprising Support for the System

214

(1)

Victims and Witnesses Through the Eyes of the Court

214

(3)

Lack of Cooperation

215

(1)

Characteristics of Victims

216

(1)

Prior Relationships between Defendants and Victims

216

(1)

Domestic Violence

216

(1)

Aiding Victims and Witnesses

217

(3)

Victim/Witness Assistance Programs

218

(1)

Victim Compensation Programs

219

(1)

Victim's Bill of Rights

220

(1)

Aiding or Manipulating Victims?

220

(2)

The Victims' Rights Movement

220

(2)

Controversy: Should the Victims' Rights Amendment Be Adopted?

222

(2)

Differing Goals

222

(1)

Do Victims Benefit?

223

(1)

Case Focus: Payne v. Tennessee and Victim Impact Statements

224

(2)

Conclusion

226

(5)

Critical Thinking Questions

226

(1)

Browsing the Web

227

(1)

References

227

(2)

For Further Reading

229

(2)

PART III Processing the Accused

231

(138)

Arrest to Arraignment

232

(30)

Crime

233

(1)

Arrest

234

(4)

Quality of Arrests

236

(2)

Swelling Criminal Dockets

238

(1)

Initial Appearance

238

(1)

Close-Up: Bunton's Rocket Docket

239

(1)

Charging

239

(2)

Law on the Books: Prosecutorial Control

240

(1)

Law in Action: Police Influence

240

(1)

Law in Controversy: Should Prosecutors Set High Standards for Charging?

240

(1)

Preliminary Hearing

241

(1)

Law on the Books: Weighing Probable Cause

241

(1)

Controversy: Is It Time to Rethink the War on Drugs?

242

(2)

Case Focus: Country of Riverside v. McLaughlin and a Prompt Hearing before a Magistrate

244

(2)

Law in Action: Variations in Using the Preliminary Hearing

244

(2)

Law in Controversy: Political Realities

246

(1)

Grand Jury

246

(4)

Law on the Books: Shield and Sword

247

(2)

Law in Action: Prosecutorial Domination

249

(1)

Law in Controversy: Abolish or Reform the Grand Jury?

249

(1)

Arraignment

250

(1)

Law in Action Perspective: Funneling Effect

251

(1)

Why Attrition Occurs

252

(3)

Legal Judgments

253

(1)

Policy Priorities

254

(1)

Personal Standards of Justice

255

(1)

Law on the Books: Written Guidelines

255

(1)

The Criminal Justice Wedding Cake

255

(3)

Celebrated Cases

256

(1)

Serious Felonies

257

(1)

Lesser Felonies

257

(1)

The Lower Depths

257

(1)

Conclusion

258

(4)

Critical Thinking Questions

258

(1)

Browsing the Web

259

(1)

References

259

(2)

For Further Reading

261

(1)

Bail

262

(23)

The Monetary Bail System

263

(2)

Bail Procedures

264

(1)

Forms of Bail

264

(1)

Conflicting Theories of Bail

264

(1)

The Context of Bail Setting

265

(2)

Uncertainty

265

(1)

Risk

266

(1)

Jail Overcrowding

267

(1)

The Process of Bail Setting

267

(2)

Seriousness of the Crime

267

(1)

Prior Criminal Record

267

(1)

Situational Justice

268

(1)

Bail Setting and the Courtroom Work Group

269

(2)

Influence of the Prosecutor

269

(1)

Geographic Differences

270

(1)

Bail Bondsmen

271

(2)

The Business Setting

271

(1)

Bail Bondsmen and the Courtroom Work Group

272

(1)

Effects of the Bail System

273

(1)

Jail Conditions

273

(1)

Close-Up: ``Caught in the Nightmare of New York City's Holding Pens''

274

(2)

Case Disposition

275

(1)

Failure to Appear

275

(1)

Bail Reform Based on the Due Process Model

276

(1)

Ten Percent Bail Deposit

276

(1)

Pretrial Service Programs

276

(1)

Bail Reform Based on the Crime Control Model

277

(2)

Pretrial Crimes

278

(1)

Preventive Detention

278

(1)

Controversy: Should Defendants Be Forced to Take a Drug Test?

279

(1)

Case Focus: U.S. v. Salerno and Preventive Detention

280

(1)

Conclusion

281

(4)

Critical Thinking Questions

282

(1)

Browsing the Web

282

(1)

References

282

(2)

For Further Reading

284

(1)

Disclosing and Suppressing Evidence

285

(23)

Discovery

286

(3)

Law on the Books: Rules Requiring Disclosure

286

(2)

Law in Action: Informal Prosecutorial Disclosure

288

(1)

The Exclusionary Rule and the Supreme Court

289

(1)

Close-Up: ``Lawyers Claim DAs Exclude Evidence''

290

(1)

Confessions

291

(2)

The Warren Court Changes the Rules

291

(1)

The Burger and Rehnquist Courts Limit Miranda

291

(2)

Case Focus: Miranda v. Arizona and Limiting Police Interrogations

293

(1)

Search and Seizure

294

(2)

Search Warrants

296

(1)

Controversy: Should the Exclusionary Rule Be Abolished?

296

(2)

Warrantless Searches

298

(1)

The Exclusionary Rule and the Courtroom Work Group

298

(6)

Pretrial Motions

298

(1)

Defense Attorney as Prime Mover

299

(2)

The Defensive Posture of the Prosecutor

301

(1)

Trial Judges as Decision Makers

301

(2)

Police Testimony

303

(1)

Law in Controversy: Costs of the Exclusionary Rule

304

(1)

Conclusion

304

(4)

Critical Thinking Questions

305

(1)

Browsing the Web

305

(1)

References

306

(1)

For Further Reading

307

(1)

Negotiated Justice and the Plea of Guilty

308

(26)

The Many Faces of Plea Bargaining

309

(1)

Law on the Books: Types of Plea Agreements

310

(3)

Charge Bargaining

311

(1)

Count Bargaining

311

(1)

Sentence Bargaining

312

(1)

Law in Action: Bargaining and Caseloads

313

(1)

Law in Action: Bargaining and Discretion

313

(1)

Presumption of Factual Guilt

313

(1)

Close-Up: ``Where `Swift' Justice Means Just That''

314

(1)

Costs and Risks of Trial

315

(1)

What to Do with the Guilty

315

(1)

Bargaining and the Courtroom Work Group

315

(3)

Prosecutors

316

(1)

Defendants

316

(1)

Defense Attorneys

317

(1)

Close-Up: ``The Name of the Game Is Plea Bargaining''

318

(1)

Judges

318

(1)

Dynamics of Bargaining

319

(3)

Interaction Norms

319

(1)

Decision-Making Norms

320

(1)

Why Cases Go to Trial

320

(1)

Jury Trial Penalty

321

(1)

Copping a Plea

322

(2)

Questioning the Defendant

323

(1)

Case Focus: Santobello v. New York and Honoring a Plea Agreement

324

(2)

Accepting a Plea

326

(1)

Placing the Plea Agreement on the Record

326

(1)

Law in Controversy: Abolishing Plea Bargaining

326

(2)

Are the Changes Implemented?

327

(1)

Is Discretion Eliminated or Just Moved Elsewhere?

327

(1)

Controversy: Who Benefits from Plea Bargaining?

328

(2)

Do Offsetting Changes Occur?

329

(1)

Conclusion

330

(4)

Critical Thinking Questions

330

(1)

Browsing the Web

331

(1)

References

331

(2)

For Further Reading

333

(1)

Trials and Juries

334

(35)

History of Trial by Jury

335

(1)

English Roots

336

(1)

Colonial Developments

336

(1)

Law on the Books: The Constitution and Trial by Jury

336

(3)

Scope of the Right to a Trial by Jury

337

(1)

Jury Size

338

(1)

Unanimity

339

(1)

Law on the Books: Selecting a Fair and Unbiased Jury

339

(3)

Master Jury List

339

(1)

Venire

340

(1)

Voir Dire

341

(1)

Jury Duty

341

(1)

Close-Up: ``The Verdict: Juries Work''

342

(1)

Law in Action: Selecting a Jury Biased in Your Favor

343

(1)

Educating Jurors

343

(1)

Jury Consultants

343

(1)

Opening Statements

343

(3)

The Prosecution Presents Its Case

346

(2)

Burden of Proof

346

(1)

Types of Evidence

347

(1)

Rules of Evidence: Trustworthiness

347

(1)

Close-Up: ``Genetics Meets Forensics''

348

(2)

Rules of Evidence: Relevance

349

(1)

Objections to the Admission of Evidence

350

(1)

The Defense Presents Its Case

350

(2)

Reasonable Doubt

350

(1)

Challenging Scientific Evidence

351

(1)

The Defendant as Witness

351

(1)

Close-Up: ``Defense Attorneys Assail Star Witnesses''

352

(1)

Alibi Defense

352

(1)

Affirmative Defenses

353

(1)

Rebuttal

353

(1)

Closing Arguments

353

(1)

Controversy: Should the Insanity Defense Be Abolished?

354

(2)

Jury Instructions

356

(1)

Jury Deliberations

357

(1)

What Motivates a Jury?

357

(1)

Are Juries Biased?

357

(1)

The Verdict

357

(1)

Post-Verdict Motions

358

(1)

Law in Action: Trials as Balancing Wheels

358

(2)

Popular Standards of Justice

359

(1)

Uncertainty

359

(1)

Prejudicial Pretrial Publicity

360

(1)

Limited Gag Order

360

(1)

Change of Venue

361

(1)

Sequestering the Jury

361

(1)

Conclusion

361

(1)

Controversy: Should Cameras Be Allowed in the Courtroom?

362

(2)

Critical Thinking Questions

362

(1)

Browsing the Web

363

(1)

Case Focus: Sheppard v. Maxwell and Prejudicial Pretrial Publicity

364

(5)

References

364

(3)

For Further Reading

367

(2)

PART IV Sentencing the Guilty

369

(64)

Sentencing Options

370

(29)

Why Do We Sentence?

371

(5)

Retribution

371

(2)

Incapacitation

373

(1)

Deterrence

373

(1)

Rehabilitation

374

(1)

Competing Sentencing Philosophies

375

(1)

Controversy: Should Restorative Justice Replace Revenge-based Sentencing?

376

(1)

Who Should Decide the Sentence?

376

(4)

Legislative Sentencing Responsibility

377

(2)

Judicial Sentencing Responsibility

379

(1)

Executive Sentencing Responsibility

379

(1)

What Sentence Should Be Imposed?

380

(2)

Imprisonment

382

(2)

Prison Overcrowding

382

(1)

Conditions of Confinement Lawsuits

382

(1)

High Costs

383

(1)

Probation

384

(1)

Intermediate Sanctions

385

(1)

Fines

386

(1)

Restitution

387

(1)

The Death Penalty

388

(2)

Eighth Amendment Standards

388

(1)

Contemporary Death Penalty Laws

389

(1)

Case Focus: Furman v. Georgia and Cruel and Unusual Punishment

390

(2)

Close-Up: Public Opinion and the Death Penalty

392

(2)

Appeals and Evolving Standards

392

(2)

Death Row Inmates

394

(1)

Conclusion

394

(5)

Critical Thinking Questions

395

(1)

Browsing the Web

395

(1)

References

395

(2)

For Further Reading

397

(2)

Sentencing Decisions

399

(34)

Courtroom Work Groups and Sentencing Decisions

401

(3)

Probation Officers

401

(2)

Prosecutors

403

(1)

Defense Attorneys

403

(1)

Judges

403

(1)

Close-Up: Probation Officers Classify Defendants

404

(1)

Normal Penalties and Sentencing Decisions

405

(2)

Seriousness of the Offense

405

(1)

Prior Record

406

(1)

Aggravating or Mitigating Circumstances

407

(1)

Law in Controversy: Uncertainty and Public Opinion

407

(1)

Discrimination and Sentencing

407

(1)

Imbalance versus Discrimination

407

(1)

Conflicting Findings

408

(1)

Discrimination and Economic Status

408

(1)

Discrimination and Gender

409

(1)

Why Are Women Increasingly Being Sentenced to Prison?

409

(1)

Are Women Sentenced More Leniently than Men?

409

(1)

Discrimination and Race

410

(1)

Controversy: Should Federal Penalties for Crack Be Lowered to Remove Racial Disparities?

411

(1)

Discrimination and Capital Punishment

412

(1)

Offender-Victim Dyad

412

(1)

Evidence of Discrimination since Gregg

412

(1)

Evidence of No Discrimination since Gregg

413

(1)

McCleskey v. Kemp Bars Social Science Evidence

413

(1)

Disparities and Sentencing

413

(3)

The Geography of Justice

414

(1)

Judges' Backgrounds and Attitudes

414

(2)

Increasing the Predictability of Sentencing

416

(2)

Law in Controversy: Reducing Judicial Discretion

416

(1)

Law on the Books: Determinate Sentencing Returns

416

(1)

Law in Action: Diverse Impacts

417

(1)

Case Focus: Mistretta v. U.S. and Sentencing Guidelines

418

(1)

Sentencing Guidelines

418

(3)

Law on the Books: Voluntary versus Presumptive Guidelines

419

(1)

Law in Action: Varied Impacts

419

(2)

Law in Controversy: Has Too Much Discretion Been Removed?

421

(1)

Close-Up: ``Drug Sentence Draws Wrath of Judges''

422

(1)

Increasing the Severity of the Penalty

422

(2)

Law on the Books: Mandatory Minimum Sentences

422

(1)

Law in Action: Nullification by Discretion

423

(1)

Controversy: Should ``Three Strikes and You're Out'' Laws Be Adopted?

424

(2)

Law in Controversy: Negative Side Effects

424

(2)

Conclusion

426

(7)

Critical Thinking Questions

426

(1)

Browsing the Web

427

(1)

References

427

(4)

For Further Reading

431

(2)

PART V Specialized Courts

433

(79)

Appellate Courts

434

(27)

Nature of the Appellate Process

435

(2)

The Purposes of Appeal

436

(1)

Scope of Appellate Review

436

(1)

Appellate Court Procedures

437

(3)

Notice of Appeal

439

(1)

Appellate Court Record

439

(1)

Briefing the Case

439

(1)

Oral Argument

439

(1)

Written Opinion

439

(1)

Disposition

440

(1)

Criminal Appeals

440

(2)

Law on the Books: Expanded Opportunity to Appeal Criminal Convictions

440

(1)

Law in Action: Defendants Rarely Win on Appeal

441

(1)

Post-Conviction Review

442

(2)

How Post-Conviction Remedies Differ from Appeals

442

(1)

Expansion under the Warren Court

443

(1)

Contraction under the Burger and Rehnquist Courts

443

(1)

Congress Greatly Restricts Federal Habeas

443

(1)

Case Focus: Coleman v. Thompson and Federal Court Scrutiny of State Court Convictions

444

(1)

Controversy: Should Federal Courthouse Doors Be Closed to State Prisoners?

445

(1)

Caseloads and Expedited Processing Techniques

446

(3)

Law on the Books Responses: Increasing Reources

446

(2)

Law in Action Responses: Expedited Processing Techniques

448

(1)

Assessment of Responses

449

(1)

State Supreme Courts

449

(2)

Law on the Books: State Supreme Courts and Discretionary Dockets

449

(1)

Law in Action: State Supreme Courts as Policy Makers

450

(1)

Law in Controversy: State Supreme Courts and Death Penalty Cases

451

(1)

The U.S. Supreme Court and Criminal Justice Policy

451

(1)

Warren Court (1953-1969)

451

(1)

Close-Up: ``A Shortage of Lawyers to Help the Condemned''

452

(4)

Burger Court (1969-1986)

454

(1)

Rehnquist Court (1986-)

455

(1)

The Supreme Court in Broad Perspective

456

(1)

Conclusion

456

(5)

Critical Thinking Questions

457

(1)

Browsing the Web

457

(1)

References

458

(2)

For Further Reading

460

(1)

The Lower Courts

461

(24)

Scope of the Lower Courts

462

(3)

Felony Criminal Cases

463

(1)

Nonfelony Criminal Cases

463

(2)

Civil Cases

465

(1)

Problems of the Lower Courts

465

(2)

Inadequate Financing

466

(1)

Inadequate Facilities

466

(1)

Lax Court Procedures

466

(1)

Unbalanced Caseloads

466

(1)

Justice of the Peace Courts

467

(1)

Abolition of the JP System

467

(1)

Close-Up: Rural Justice

468

(2)

Elimination of the Fee System

468

(2)

Upgrading the Quality of the Personnel

470

(1)

Municipal Courts

470

(1)

The Assembly Line

470

(1)

Case Focus: North v. Russell and Nonlawyer Judges

471

(5)

The Courtroom Work Group in Municipal Court

472

(1)

Sentencing

473

(2)

Is the Process the Punishment?

475

(1)

Controversy: Drunk Driving Prosecutions

476

(2)

Alternative Dispute Resolution (ADR)

478

(2)

Private Disputes

479

(1)

Community-Oriented Mediation

479

(1)

Criminal Justice-based Mediation

480

(1)

Evaluation of ADR

480

(1)

Conclusion

480

(5)

Critical Thinking Questions

481

(1)

Browsing the Web

482

(1)

References

482

(2)

For Further Reading

484

(1)

Juvenile Courts

485

(27)

Juvenile Courts 100 Years Ago

486

(2)

Industrialization, Cities, and Crime

486

(1)

The Child Savers and the Progressive Movement

487

(1)

Parens Patriae

487

(1)

How Juvenile Courts Differ from Adult Courts

488

(1)

Emphasis on Helping the Child

488

(1)

Informal Proceedings

488

(1)

Proceedings Based on Civil Law

488

(1)

Secret Proceedings

488

(1)

Absence of Jury Trials

489

(1)

Law on the Books: The Organization of Juvenile Courts

489

(2)

Juvenile Court as a Separate Court

489

(1)

Juvenile Court as Part of Family Court

489

(1)

Juvenile Court as a Unit of Trial Court

489

(1)

Law in Action: The Impact of Structure

490

(1)

Juvenile Court Jurisdiction: Age

491

(1)

No Consensus on Age of Juveniles

491

(1)

Transfer to Adult Court

491

(1)

Juvenile Court Jurisdiction: Subject Matter

492

(1)

Juvenile Delinquency

492

(1)

Controversy: Should Juveniles Be Tried as Adults?

493

(1)

Status Offenses

494

(1)

Child-Victim

494

(1)

Law in Action: One-Pot Jurisdiction

494

(1)

Due Process in Juvenile Courts

494

(2)

Key Court Decisions

495

(1)

Important Congressional Acts

495

(1)

Case Focus: In re Gault and Due Process Constraints on Juvenile Courts

496

(1)

Courtroom Work Group

496

(3)

Judges

498

(1)

Hearing Officers

498

(1)

Prosecutors

498

(1)

Defense Attorneys

498

(1)

Close-Up: The World of the Juvenile Court Judge

499

(1)

Probation Officers

499

(1)

Steps of the Juvenile Court Process

499

(7)

Delinquency (Crime)

500

(2)

Summons (Arrest)

502

(1)

Intake (Initial Hearing)

502

(1)

Detention Hearing

502

(1)

Petition

502

(1)

Conference

503

(1)

Evidence: Gathering and Suppressing

503

(1)

Plea Bargaining

503

(2)

Adjudicatory Hearing

505

(1)

Disposition

505

(1)

Appeal

506

(1)

Juvenile Courts: The Next 100 Years

506

(1)

Crime Control Model: More Adult Penalties

506

(1)

Due Process Model: More Youth Crime Prevention

507

(1)

Conclusion

507

(1)

Critical Thinking Questions

507

(1)

Close-Up: Teen Court

508

(4)

Browsing the Web

508

(1)

References

509

(2)

For Further Reading

511

(1)

Epilogue

512

(3)

Glossary

515

(8)

Table of Cases

523

(3)

Index

526

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America’s Courts and the Criminal Justice System

Summary

Author Biography

Table of Contents

Supplemental Materials