America’s Courts and the Criminal Justice System (with CD-ROM and InfoTrac)

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ISBN: 9780534563400 | 0534563406
Cover: Hardcover
Copyright: 7/30/2001

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$104.42

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

xiv

To the Student

xix

About the Author

xxii

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)

The Blame Game

(1)

Courts, Crime, and the Public

(1)

Finding the Courthouse

(2)

Identifying the Actors in the Courthouse

(2)

Prosecutors

(1)

Defense Attorneys

(1)

Judges

(1)

Defendants and Their Victims

(1)

Following the Steps of the Process

(3)

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 Close-Up: Overview

(1)

A Day in Court: Overview

(2)

Assembly-line Justice

(1)

Discretion

(1)

The Courtroom Work Group

(1)

Controversy: Overview

(1)

Courts and Controversy

(2)

Crime Control Model

(1)

Due Process Model

(1)

The Murder Trial of Shareef Cousin: Overview

(1)

Conclusion

(5)

Critical Thinking Questions

(1)

World Wide Web Resources and Exercises

(1)

InfoTrac College Edition Resources and Exercises

(1)

References

(1)

For Further Reading

(2)

PART I THE LEGAL SYSTEM

(86)

Law and Crime

(32)

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

(2)

A Day in Court: ``The French Legal System''

(5)

Basis for Filing a Civil Suit

(1)

Remedies

(2)

Using Civil Remedies to Fight Crime

(1)

Civil Liability of Criminal Justice Officials

(1)

Controversy: Should Asset Forfeiture be Limited?

(1)

Criminal Law

(2)

Court TV: Cabey v. Goetz

(1)

Elements of a Crime

(2)

Guilty Act

(1)

Guilty Intent

(1)

Fusion of Guilty Act and Guilty Intent

(1)

Attendant Circumstances

(1)

Results

(1)

Legal Defenses

(1)

Case Close-Up: Two Verdicts in the O. J. Trials

(1)

Criminal Law: Constant and Changing

(3)

Pressures for Changing the Criminal Law

(2)

Piecemeal Change

(1)

The Murder Trial of Shareef Cousin: The Question of Civil Liability

(1)

Effects of the Criminal Law on the Courts

(1)

Criminal Law and Inconsistencies

(1)

Criminal Law and Plea Bargaining

(1)

Criminal Law and Sentencing

(1)

Conclusion

(4)

Critical Thinking Questions

(1)

World Wide Web Resources and Exercises

(1)

InfoTrac College Edition Resources and Exercises

(1)

References

(1)

For Further Reading

(1)

Federal Courts

(31)

Basic Principles of Court Organization

(2)

Jurisdiction

(1)

Trial and Appellate Courts

(1)

Dual Court System

(1)

History of the Federal Courts

(2)

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

(2)

Caseload of U.S. District Courts

(1)

U.S. Courts of Appeals

(1)

Caseload of U.S. Courts of Appeals

(1)

A Day in Court: Bunton's Rocket Docket

(1)

U.S. Supreme Court

(2)

Caseload of U.S. Supreme Court

(1)

Specialized Courts

(1)

Military Justice

(1)

CourtTV: New York v. Nelson

(1)

Tribal Courts

(1)

The Murder Trial of Shareef Cousin: A Federal Civil Rights Lawsuit is Filed

(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

(1)

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)

Forum for Symbolic Politics

(1)

Federal Dollars

(1)

Case Close-Up: U.S. v. Miller and the Right to Bear Arms

(1)

Conclusion

(4)

Critical Thinking Questions

(1)

World Wide Web Resources and Exercises

(1)

InfoTrac College Edition Resources and Exercises

(1)

References

(1)

For Further Reading

(1)

State Courts

(22)

History of State Courts

(1)

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)

The Murder Trial of Shareef Cousin: ``Doing Time at Tulane and Broad'' (Part I)

(1)

Intermediate Courts of Appeals

(1)

Courts of Last Resort: State Supreme Courts

(1)

Court Unification

(3)

Simplified Court Structure

100

(1)

Centralized Administration

100

(1)

Centralized Rule Making

100

(1)

Centralized Judicial Budgeting

100

(1)

CourtTV: California v. Powell

100

(2)

Case Close-Up: Wachtler v. Cuomo and Court Financing

101

(1)

Statewide Financing

102

(1)

Court Reform: The Emerging Agenda

102

(2)

Therapeutic Jurisprudence

102

(1)

Drug Courts

103

(1)

Controversy: The Politics of Court Reorganization

104

(1)

Consequences of Court Organization

104

(2)

Decentralization and Choice of Courts

105

(1)

Local Control and Local Corruption

105

(1)

A Day in Court: ``DuPage County Says the Jury Is Still Out on Its Fledgling Drug Court''

106

(1)

Conclusion

107

(4)

Critical Thinking Questions

107

(1)

World Wide Web Resources and Exercises

108

(1)

InfoTrac College Edition Resources and Exercises

109

(1)

References

109

(1)

For Further Reading

110

(1)

PART II LEGAL ACTORS

111

(134)

The Dynamics of Courthouse Justice

112

(25)

The Courthouse and the People Who Work There

113

(5)

The Courthouse

114

(1)

The Courtroom

114

(3)

Behind the Scenes

117

(1)

A Day in Court: ``Those People Behind the Scenes''

118

(1)

Dynamics of Courthouse Justice

118

(1)

Assembly-line Justice

119

(2)

Strengths of the Explanation

119

(1)

Weaknesses of the Explanation

119

(1)

Assembly-line Justice Reconsidered

120

(1)

The Murder Trial of Shareef Cousin: ``Doing Time at Tulane and Broad'' (Part II)

121

(1)

Discretion

122

(1)

Legal Judgments

122

(1)

Policy Priorities

122

(1)

Personal Philosophies

123

(1)

The Courtroom Work Group

123

(1)

Mutual Interdependence

123

(1)

CourtTV: Massachusetts v. Louise Woodward

124

(2)

Socialization

124

(1)

Shared Decision Making

124

(1)

Variability in Courtroom Work Groups

125

(1)

The Problem of Delay

126

(2)

Consequences of Delay

126

(2)

Assessing the Costs of Delay

128

(1)

Law-on-the-Books Approach to Court Delay

128

(1)

Case Close-Up: Barker v. Wingo and the Right to a Speedy Trial

129

(1)

Speedy-Trial Laws

129

(1)

Limits of Speedy-Trial Laws

130

(1)

Law-in-Action Approach to Court Delay

130

(1)

Controversy: ``Court Reform Unclogs Docket''

131

(1)

Case Scheduling

132

(1)

Efforts at Coordination

132

(1)

Conclusion

132

(5)

Critical Thinking Questions

133

(1)

World Wide Web Resources and Exercises

133

(1)

InfoTrac College Edition Resources and Exercises

134

(1)

References

134

(2)

For Further Reading

136

(1)

Prosecutors

137

(29)

Role of the Prosecutor

138

(2)

Broad Discretion

138

(2)

Decentralization

140

(1)

Case Close-Up: Burns v. Reed and Prosecutorial Misconduct

140

(1)

Prosecution in Federal Courts

141

(2)

Controversy: Does the Federal Government Need an Independent Counsel?

143

(3)

Solicitor General

144

(1)

Criminal Division of the Justice Department

144

(2)

U.S. Attorneys

146

(1)

Prosecution in State Courts

146

(1)

State Attorney General

146

(1)

CourtTV: Florida v. Smith

147

(2)

Chief Prosecutor

147

(2)

Local Prosecutor

149

(1)

The Prosecutor at Work

149

(2)

Fighting

150

(1)

Negotiating

150

(1)

Drafting

150

(1)

Counseling

150

(1)

Administering

151

(1)

The Prosecutor's Office at Work

151

(3)

Assistant District Attorneys

151

(1)

Learning the Job

152

(2)

A Day in Court: The Good Fight Takes Its Toll

154

(2)

Promotions and Office Structure

155

(1)

Supervision

155

(1)

Attempts at Greater Supervision

155

(1)

Prosecutors and Courtroom Work Groups

156

(2)

Conflicting Goals and Contrasting Work Groups

157

(1)

Political Styles and Contrasting Work Groups

157

(1)

The Expanding Domain of the Prosecutor

158

(1)

Improving Police-Prosecutor Relationships

158

(1)

The Murder Trial of Shareef Cousin: DA Harry Connick Defends His Aggressive Tactics

159

(2)

Community Prosecution

160

(1)

Crime & Punishment: The Commonwealth of Massachusetts v. Tracy McKay

161

(1)

Conclusion

162

(4)

Critical Thinking Questions

162

(1)

World Wide Web Resources and Exercises

162

(1)

InfoTrac College Edition Resources and Exercises

163

(1)

References

164

(1)

For Further Reading

165

(1)

Defense Attorneys

166

(25)

The Right to Counsel

167

(1)

Nonfelony Criminal Prosecutions

167

(1)

Case Close-Up: Gideon v. Wainwright and the Right to Counsel

168

(4)

Stages of the Criminal Process

168

(2)

Ineffective Assistance of Counsel

170

(1)

Self-Representation

170

(2)

Defense Attorneys at Work

172

(2)

Fighting

172

(1)

Negotiating

172

(1)

Drafting

173

(1)

Counseling

173

(1)

Administering

173

(1)

Defense Attorneys and Courtroom Work Groups

174

(1)

Rewards and Sanctions

174

(1)

A Day in Court: ``Legal Workload Frustrating to Both Sides''

175

(2)

Variations in Cooperation

176

(1)

An Assessment

176

(1)

The Criminal Bar

177

(2)

Diversity and Stratification of the Legal Profession

177

(1)

Environment of Practice

178

(1)

Providing Indigents with Attorneys

179

(1)

Assigned Counsel

179

(1)

The Murder Trial of Shareef Cousin: Limitations Facing the Defense

180

(4)

Contract Systems

181

(1)

Public Defender

182

(1)

Assessing the Merits of Public Defenders

183

(1)

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

184

(1)

Lawyers and Clients

184

(2)

Lawyers View Their Clients

185

(1)

Defendants View Their Lawyers

186

(1)

CourtTV: The Greatest Trials of All Time: The Scottsboro Boys

186

(1)

Conclusion

187

(4)

Critical Thinking Questions

187

(1)

World Wide Web Resources and Exercises

188

(1)

InfoTrac College Edition Resources and Exercises

189

(1)

References

189

(1)

For Further Reading

190

(1)

Judges

191

(29)

The Position of Judge

192

(1)

Benefits of the Job

192

(1)

Frustrations of the Job

193

(1)

Judges at Work

193

(2)

Fighting

193

(1)

Negotiating

194

(1)

Drafting

195

(1)

Counseling

195

(1)

Administering

195

(1)

Crime & Punishment: State of Illinois v. Jane Maloy

195

(1)

Judges within the Courtroom Work Group

195

(1)

The Murder Trial of Shareef Cousin: Judge Raymond Bigelow, Ex-Prosecutor

196

(1)

A Day in Court: ```Frustrated' Judge Gets the Gridlocked System Moving''

197

(1)

Quality and Qualification of Judges

198

(1)

Varying Roads to a Judgeship

198

(4)

Executive Appointments

198

(2)

Election of Judges

200

(1)

Merit Selection

201

(1)

Consequences of Judicial Selection

202

(2)

Which System Is Best?

202

(1)

Similarities in Judges' Backgrounds

202

(1)

Diversity and the Judiciary

203

(1)

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

204

(2)

Case Close-Up: Chisom v. Roemer and Diversity and the Bench

206

(1)

Judicial Education

206

(2)

Judging the Judges

208

(1)

Judicial Independence

208

(1)

Judicial Misconduct

208

(1)

Controversy: Is Judicial Independence Being Undermined?

209

(5)

State Judicial Conduct Commissions

211

(1)

Federal Conduct and Disability Act

212

(2)

Conclusion

214

(6)

Critical Thinking Questions

214

(1)

World Wide Web Resources and Exercises

215

(1)

InfoTrac College Edition Resources and Exercises

216

(1)

References

216

(2)

For Further Reading

218

(2)

Defendants and Victims

220

(25)

Defendants

221

(2)

Characteristics of Defendants

221

(2)

Defendants in Court

223

(1)

Courts Through the Eyes of Victims and Witnesses

223

(1)

Frustrations in Coping with the Process

223

(1)

Travails of Testifying

224

(1)

Surprising Support for the System

224

(1)

Victims and Witnesses Through the Eyes of the Court

224

(1)

A Day in Court: Trial by Ordeal for Waiting Witnesses

225

(3)

Lack of Cooperation

225

(2)

Characteristics of Victims

227

(1)

Prior Relationships between Defendants and Victims

227

(1)

Domestic Violence

227

(1)

Aiding Victims and Witnesses

228

(1)

The Murder Trial of Shareef Cousin: The Anguish of the Victims

229

(2)

Victim/Witness Assistance Programs

229

(2)

Victim Compensation Programs

231

(1)

CourtTV: Vermont v. Grace

231

(1)

Crime & Punishment: The State of Illinois v. Bobby Hart

232

(1)

Victim's Bill of Rights

232

(1)

Aiding or Manipulating Victims?

233

(1)

The Victims' Rights Movement

233

(1)

Controversy: Should the Victims' Rights Amendment Be Adopted?

234

(2)

Case Close-Up: Payne v. Tennessee and Victim Impact Statements

236

(2)

Differing Goals

236

(1)

Do Victims Benefit?

237

(1)

Conclusion

238

(7)

Critical Thinking Questions

238

(1)

World Wide Web Resources and Exercises

239

(1)

InfoTrac College Edition Resources and Exercises

240

(1)

References

240

(2)

For Further Reading

242

(3)

PART III PROCESSING THE ACCUSED

245

(138)

Arrest to Arraignment

246

(28)

Crime

247

(1)

Arrest

248

(2)

Quality of Arrests

248

(2)

Swelling Criminal Dockets

250

(1)

Crime & Punishment: The Commonwealth of Massachusetts v. Darnell Jameson

250

(1)

Initial Appearance

251

(1)

Charging

251

(1)

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

252

(2)

A Day in Court: ``Hell's Waiting Room''

254

(2)

Law on the Books: Prosecutorial Control

254

(1)

Law in Action: Police Influence

255

(1)

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

255

(1)

Preliminary Hearing

256

(1)

Law on the Books: Weighing Probable Cause

256

(1)

Law in Action: Variations in Using the Preliminary Hearing

256

(1)

Case Close-Up: County of Riverside v. McLaughlin and a Prompt Hearing before a Magistrate

257

(1)

CourtTV: Campbell v. Florida

258

(1)

Law in Controversy: Political Realities

259

(1)

Grand Jury

259

(3)

Law on the Books: Shield and Sword

260

(1)

Law in Action: Prosecutorial Domination

261

(1)

Law in Controversy: Reform the Grand Jury?

262

(1)

Arraignment

262

(2)

Law-in-Action Perspective: Case Attrition

264

(1)

Why Attrition Occurs

264

(2)

Legal Judgments

265

(1)

Policy Priorities

266

(1)

Personal Standards of Justice

266

(1)

The Criminal Justice Wedding Cake

266

(2)

Celebrated Cases

267

(1)

The Murder Trial of Shareef Cousin: New Orleans' Bloodiest Week in Memory

268

(1)

Serious Felonies

269

(1)

Lesser Felonies

269

(1)

The Lower Depths

269

(1)

Conclusion

269

(5)

Critical Thinking Questions

270

(1)

World Wide Web Resources and Exercises

271

(1)

InfoTrac College Edition Resources and Exercises

271

(1)

References

272

(1)

For Further Reading

273

(1)

Bail

274

(24)

Law on the Books: The Monetary Bail System

275

(2)

Bail Procedures

275

(1)

Forms of Bail

276

(1)

Conflicting Theories of Bail

276

(1)

Law in Action: The Context of Bail Setting

277

(2)

Uncertainty

278

(1)

Risk

278

(1)

Jail Overcrowding

278

(1)

The Process of Bail Setting

279

(1)

A Day in Court: Get Outta Jail Free

280

(2)

Seriousness of the Crime

280

(1)

Prior Criminal Record

281

(1)

Situational Justice

282

(1)

Bail Setting and the Courtroom Work Group

282

(1)

Influence of the Prosecutor

282

(1)

Geographic Differences

282

(1)

Bail Bondsmen

283

(2)

The Business Setting

283

(1)

Bail Bondsmen and the Courtroom Work Group

284

(1)

A Day in Court: ``So I'm a Bounty Hunter; You Got a Problem with that, Pal?''

285

(1)

Effects of the Bail System

286

(1)

Jail Conditions

286

(1)

Case Disposition

286

(1)

Failure to Appear

287

(1)

Bail Reform Based on the Due Process Model

287

(2)

Ten Percent Bail Deposit

288

(1)

Pretrial Service Programs

288

(1)

The Murder Trial of Shareef Cousin: Awaiting Trial in Foti's Fortress

289

(1)

Bail Reform Based on the Crime Control Model

290

(1)

Pretrial Crimes

290

(1)

Preventive Detention

290

(1)

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

291

(1)

Case Close-Up: U.S. v. Salerno and Preventive Detention

292

(1)

Conclusion

293

(5)

Critical Thinking Questions

294

(1)

World Wide Web Resources and Exercises

294

(1)

InfoTrac College Edition Resources and Exercises

295

(1)

References

296

(1)

For Further Reading

297

(1)

Disclosing and Suppressing Evidence

298

(24)

Discovery

299

(3)

Law on the Books: Rules Requiring Disclosure

299

(1)

Law in Action: Informal Prosecutorial Disclosure

300

(1)

Law and Controversy: Requiring Reciprocal Disclosure

301

(1)

A Day in Court: ``Lawyers Claim DAs Exclude Evidence''

302

(1)

The Exclusionary Rule and the Supreme Court

303

(1)

Confessions

303

(2)

The Warren Court Changes the Rules

304

(1)

The Burger and Rehnquist Courts Limit Miranda

305

(1)

Search and Seizure

305

(1)

Case Close-Up: Miranda v. Arizona and Limiting Police Interrogations

306

(3)

Search Warrants

307

(2)

Warrantless Searches

309

(1)

The Exclusionary Rule and the Courtroom Work Group

309

(1)

Controversy: Should the Exclusionary Rule Be Abolished?

310

(4)

Pretrial Motions

310

(1)

Defense Attorney as Prime Mover

311

(2)

The Defensive Posture of the Prosecutor

313

(1)

The Murder Trial of Shareef Cousin: The DA Fails to Disclose a Witness Statement

314

(2)

Trial Judges As Decision Makers

316

(1)

Policy Testimony

316

(1)

CourtTV: Florida v. Wuornos

316

(1)

Law and Controversy: Costs of the Exclusionary Rule

317

(1)

Conclusion

318

(4)

Critical Thinking Questions

318

(1)

World Wide Web Resources and Exercises

319

(1)

InfoTrac College Edition Resources and Exercises

319

(1)

References

320

(1)

For Further Reading

320

(2)

Negotiated Justice and the Plea of Guilty

322

(26)

The Many Faces of Plea Bargaining

323

(4)

Law on the Books: Types of Plea Agreements

324

(1)

Charge Bargaining

325

(1)

Count Bargaining

326

(1)

Sentence Bargaining

327

(1)

Law in Action: Bargaining and Caseloads

327

(1)

A Day in Court: ``Where `Swift' Justice Means Just That''

328

(1)

Law in Action: Bargaining and Discretion

328

(1)

Presumption of Factual Guilt

328

(1)

Costs and Risks of Trial

329

(1)

What to Do with the Guilty

329

(1)

CourtTV: New Mexico v. Gilbert

329

(1)

Bargaining and the Courtroom Work Group

330

(2)

Prosecutors

330

(1)

Defendants

331

(1)

Defense Attorneys

331

(1)

Judges

332

(1)

A Day in Court: ``The Name of the Game Is Plea Bargaining''

332

(1)

Dynamics of Bargaining

333

(3)

Interaction Norms

333

(1)

Decision-Making Norms

334

(1)

Why Cases Go to Trial

334

(1)

Jury Trial Penalty

335

(1)

Copping a Plea

336

(3)

Questioning the Defendant

336

(1)

Accepting a Plea

337

(2)

Placing the Plea Agreement on the Record

339

(1)

Case Close-Up: Santobello v. New York and Honoring a Plea Agreement

339

(1)

Law in Controversy: Abolishing Plea Bargaining

340

(1)

Are the Changes Implemented?

340

(1)

Is Discretion Eliminated or Just Moved Elsewhere?

340

(1)

The Murder Trial of Shareef Cousin: Pleading Guilty to Four Armed Robberies

341

(1)

Controversy: Who Benefits from Plea Bargaining?

342

(2)

Do Offsetting Changes Occur?

343

(1)

Conclusion

344

(4)

Critical Thinking Questions

344

(1)

World Wide Web Resources and Exercises

344

(1)

InfoTrac College Edition Resources and Exercises

345

(1)

References

345

(2)

For Further Reading

347

(1)

Trials and Juries

348

(35)

History of Trial by Jury

349

(1)

English Roots

349

(1)

Colonial Developments

350

(1)

Law on the Books: The Constitution and Trial by Jury

350

(3)

Scope of the Right to a Trial by Jury

351

(1)

Jury Size

352

(1)

Unanimity

353

(1)

Law on the Books: Selecting a Fair and Unbiased Jury

353

(3)

Master Jury List

353

(1)

Venire

354

(1)

Voir Dire

354

(1)

Jury Duty

355

(1)

A Day in Court: ``The Verdict: Juries Work''

356

(1)

Law in Action: Choosing a Jury Biased in Your Favor

356

(1)

Educating Jurors

357

(1)

Jury Consultants

357

(1)

Opening Statements

357

(1)

The Prosecution Presents Its Case

357

(5)

Burden of Proof

360

(1)

Types of Evidence

360

(1)

Rules of Evidence: Trustworthiness

361

(1)

Rules of Evidence: Relevance

361

(1)

Scientific Evidence

361

(1)

Objections to the Admission of Evidence

362

(1)

CourtTV: The Greatest Trials of All Time: The Trial of Sam Sheppard

362

(1)

The Defense Presents Its Case

363

(2)

Reasonable Doubt

363

(1)

The Defendant As Witness

363

(1)

Alibi Defense

364

(1)

Affirmative Defenses

364

(1)

Challenging Scientific Evidence

364

(1)

The Murder Trial of Shareef Cousin: Two Trial-Day Surprises

365

(1)

Controversy: Should the Insanity Defense Be Abolished?

366

(2)

Rebuttal

368

(1)

Closing Arguments

368

(1)

Jury Instructions

368

(1)

Jury Deliberations

369

(1)

What Motivates a Jury?

369

(1)

Are Juries Biased?

370

(1)

The Verdict

370

(1)

Post-Verdict Motions

370

(1)

Law in Action: Trials as Balancing Wheels

371

(1)

Popular Standards of Justice

371

(1)

Uncertainty

372

(1)

Prejudicial Pretrial Publicity

372

(1)

Case Close-Up: Sheppard v. Maxwell and Prejudicial Pretrial Publicity

373

(2)

Limited Gag Order

374

(1)

Change of Venue

374

(1)

Sequestering the Jury

375

(1)

Controversy: Should Cameras Be Allowed in the Courtroom?

375

(2)

Conclusion

377

(6)

Critical Thinking Questions

377

(1)

World Wide Web Resources and Exercises

377

(1)

InfoTrac College Edition Resources and Exercises

378

(1)

References

379

(1)

For Further Reading

380

(3)

PART IV SENTENCING THE GUILTY

383

(68)

Sentencing Options

384

(31)

Why Do We Sentence?

385

(4)

Retribution

385

(1)

Incapacitation

386

(1)

Deterrence

387

(1)

Rehabilitation

388

(1)

Competing Sentencing Philosophies

389

(1)

Who Should Decide the Sentence?

389

(1)

Controversy: Should Restorative Justice Replace Revenge-Based Sentencing?

390

(4)

Legislative Sentencing Responsibility

390

(2)

Judicial Sentencing Responsibility

392

(1)

Executive Sentencing Responsibility

393

(1)

CourtTV: The Karla Faye Tucker Story

394

(1)

What Sentence Should Be Imposed?

394

(2)

Imprisonment

396

(3)

Prison Overcrowding

396

(1)

Conditions of Confinement Lawsuits

396

(2)

High Costs

398

(1)

The Murder Trial of Shareef Cousin: Doing Time on the Farm

399

(3)

Probation

400

(1)

Intermediate Sanctions

401

(1)

Fines

401

(1)

Restitution

402

(1)

Crime & Punishment: The State of Illinois v. Stephanie Caneelly

402

(1)

The Death Penalty

403

(2)

Eighth Amendment Standards

404

(1)

Controversy: Should a Moratorium on the Death Penalty Be Imposed?

405

(1)

Case Close-Up: Furman v. Georgia and Cruel and Unusual Punishment

406

(4)

Contemporary Death Penalty Laws

406

(1)

Appeals and Evolving Standards

407

(2)

Death Row Inmates

409

(1)

Conclusion

410

(5)

Critical Thinking Questions

410

(1)

World Wide Web Resources and Exercises

411

(1)

InfoTrac College Edition Resources and Exercises

412

(1)

References

412

(2)

For Further Reading

414

(1)

Sentencing

415

(36)

Courtroom Work Groups and Sentencing Decisions

416

(2)

Probation Officers

417

(1)

A Day in Court: Probation Officers Classify Defendants

418

(2)

Prosecutors

419

(1)

Defense Attorneys

419

(1)

Judges

420

(1)

Normal Penalties and Sentencing Decisions

420

(2)

Seriousness of the Offense

421

(1)

Prior Record

421

(1)

Aggravating or Mitigating Circumstances

422

(1)

Law in Controversy: Uncertainty and Public Opinion

422

(1)

Discrimination and Sentencing

422

(1)

Imbalance versus Discrimination

423

(1)

Crime & Punishment: The State of Illinois v. Nikita McNutt

423

(1)

Conflicting Findings

424

(1)

Discrimination and Economic Status

424

(1)

Discrimination and Gender

424

(1)

Why Are Women Increasingly Being Sentenced to Prison?

424

(1)

Are Women Sentenced More Leniently than Men?

425

(1)

Discrimination and Race

425

(1)

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

426

(1)

Discrimination and Capital Punishment

427

(2)

Offender-Victim Dyad

427

(1)

Evidence of Discrimination since Gregg

428

(1)

Evidence of No Discrimination since Gregg

428

(1)

McCleskey v. Kemp Bars Social Science Evidence

429

(1)

Disparities and Sentencing

429

(2)

The Geography of Justice

430

(1)

Judges' Backgrounds and Attitudes

430

(1)

Increasing the Predictability of Sentencing

431

(2)

Law in Controversy: Reducing Judicial Discretion

431

(1)

Law on the Books: Determinate Sentencing Returns

432

(1)

Law in Action: Diverse Impacts

432

(1)

The Murder Trial of Shareef Cousin: The Jury Chooses Death

433

(1)

Sentencing Guidelines

434

(1)

Case Close-Up: Mistretta v. U.S. and Sentencing Guidelines

435

(3)

Law on the Books: Voluntary versus Presumptive Guidelines

435

(1)

Law in Action: Varied Impacts

436

(2)

Law in Controversy: Has Too Much Discretion Been Removed?

438

(1)

Increasing the Severity of the Penalty

438

(1)

Law on the Books: Mandatory Minimum Sentences

438

(1)

A Day in Court: ``Drug Sentencing Draws Wrath of Judges''

439

(1)

Law in Action: Nullification by Discretion

439

(1)

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

440

(2)

CourtTV: Maximum Security

442

(1)

Law in Controversy: Negative Side Effects

442

(1)

Conclusion

443

(8)

Critical Thinking Questions

443

(1)

World Wide Web Resources and Exercises

443

(2)

InfoTrac College Edition Resources and Exercises

445

(1)

References

445

(4)

For Further Reading

449

(2)

PART V APPELLATE, LOWER, AND JUVENILE COURTS

451

(79)

Appellate Courts

452

(26)

Nature of the Appellate Process

452

(3)

The Purposes of Appeal

454

(1)

Scope of Appellate Review

454

(1)

Appellate Court Procedures

455

(4)

Notice of Appeal

456

(1)

Appellate Court Record

456

(1)

Briefing the Case

457

(1)

Oral Argument

457

(1)

Written Opinion

458

(1)

Disposition

458

(1)

Criminal Appeals

459

(2)

Law on the Books: Expanded Opportunity to Appeal Criminal Convictions

459

(1)

Law in Action: Defendants Rarely Win on Appeal

459

(2)

Post-Conviction Review

461

(1)

How Post-Conviction Remedies Differ from Appeals

461

(1)

Expansion under the Warren Court

461

(1)

Case Close-Up: Coleman v. Thompson and Federal Court Scrutiny of State Court Convictions

462

(1)

Contraction under the Burger and Rehnquist Courts

462

(1)

CourtTV: New Jersey v. Landano

463

(1)

Congress Greatly Restricts Federal Habeas

463

(1)

State Supreme Courts

463

(1)

A Day in Court: ``A Self-Appointed Lawyer for the Nation's Condemned''

464

(1)

Law on the Books: State Supreme Courts and Discretionary Dockets

464

(1)

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

465

(2)

Law in Action: State Supreme Courts as Policy Makers

466

(1)

Law in Controversy: State Supreme Courts and Death Penalty Cases

466

(1)

The U.S. Supreme Court and Criminal Justice Policy

467

(1)

The Warren Court (1953-1969)

467

(1)

Controversy: Innocent on Death Row?

468

(4)

The Burger Court (1969-1986)

470

(1)

The Rehnquist Court (1986-)

470

(2)

The Murder Trial of Shareef Cousin: A Reversal on Narrow Grounds

472

(1)

The Post-Rehnquist Court

473

(1)

The Supreme Court in Broad Perspective

473

(1)

Conclusion

473

(5)

Critical Thinking Questions

473

(1)

World Wide Web Resources and Exercises

474

(1)

InfoTrac College Edition Resources and Exercises

475

(1)

References

476

(1)

For Further Reading

477

(1)

The Lower Courts

478

(23)

Scope of the Lower Courts

479

(3)

Felony Criminal Cases

479

(1)

Nonfelony Criminal Cases

480

(1)

Civil Cases

480

(2)

A Day in Court: ``(Traffic) Crime and Punishment''

482

(1)

Problems of the Lower Courts

482

(2)

Inadequate Financing

484

(1)

Inadequate Facilities

484

(1)

Lax Court Procedures

484

(1)

Unbalanced Caseloads

484

(1)

Rural Justice

484

(2)

Lower Caseloads

484

(1)

Lack of Resources

485

(1)

Familiarity

485

(1)

Assessing Rural Justice

485

(1)

Justice of the Peace Courts

486

(1)

Abolition of the JP System

486

(1)

Upgrading the Quality of the Personnel

487

(1)

Municipal Courts

487

(1)

Case Close-Up: North v. Russell and Nonlawyer Judges

488

(4)

The Assembly Line

488

(2)

The Courtroom Work Group

490

(1)

Sentencing

490

(1)

Is the Process the Punishment?

491

(1)

Controversy: Should Drunk-Driving Prosecutions Be Increased?

492

(2)

Court Community Collaboration

494

(2)

Community Dispute Settlement Centers

495

(1)

Community Courts

496

(1)

Conclusion

496

(5)

Critical Thinking Questions

497

(1)

World Wide Web Resources and Exercises

497

(1)

InfoTrac College Edition Resources and Exercises

498

(1)

References

499

(1)

For Further Reading

500

(1)

Juvenile Courts

501

(29)

Juvenile Courts 100 Years Ago

502

(1)

Industrialization, Cities, and Crime

502

(1)

The Child Savers and the Progressive Movement

503

(1)

Parens Patriae

503

(1)

How Juvenile Courts Differ from Adult Courts

503

(2)

Emphasis on Helping the Child

504

(1)

Informal Proceedings

504

(1)

Proceedings Based on Civil Law

504

(1)

Secret Proceedings

504

(1)

Absence of Jury Trials

505

(1)

Law on the Books: The Organization of Juvenile Courts

505

(1)

Juvenile Court as a Separate Court

505

(1)

Juvenile Court as Part of Family Court

505

(1)

Juvenile Court as a Unit of Trial Court

506

(1)

Law in Action: The Impact of Structure

506

(1)

Juvenile Court Jurisdiction: Age

506

(3)

No Consensus on Age of Juveniles

506

(1)

Transfer to Adult Court

506

(3)

Juvenile Court Jurisdiction: Subject Matter

509

(1)

Juvenile Delinquency

509

(1)

Status Offenses

509

(1)

Child-Victim

509

(1)

Law in Action: One-Pot Jurisdiction

509

(1)

Controversy: Should Juveniles Be Tried as Adults?

510

(1)

Due Process in Juvenile Courts

511

(1)

Key Court Decisions

511

(1)

Important Congressional Acts

511

(1)

Courtroom Work Group

512

(2)

Case Close-Up: In Re Gault and Due Process in Juvenile Courts

514

(1)

Judges

514

(1)

Hearing Officers

514

(1)

Prosecutors

514

(1)

Defense Attorneys

514

(1)

Probation Officers

515

(1)

A Day in Court: ``Juvenile Court Judge Finds Peace of Mind''

515

(1)

Steps of the Juvenile Court Process

516

(1)

Delinquency (Crime)

516

(1)

Summons (Arrest)

516

(1)

The Murder Trial of Shareef Cousin: ``Few Options or Safeguards in a City's Juvenile Courts''

517

(6)

Intake (Initial Hearing)

517

(2)

Detention Hearing

519

(1)

Petition

520

(1)

Conference

520

(1)

Evidence: Gathering and Suppressing

520

(1)

Plea Bargaining

521

(1)

Adjudicatory Hearing

522

(1)

Disposition

522

(1)

Appeal

523

(1)

Juvenile Courts: The Next 100 Years

523

(1)

Crime Control Model: More Adult Penalties

523

(1)

A Day in Court: Teen Court

524

(1)

Due Process Model: More Youth Crime Prevention

525

(1)

Conclusion

525

(5)

Critical Thinking Questions

525

(1)

World Wide Web Resources and Exercises

526

(1)

InfoTrac College Edition Resources and Exercises

527

(1)

References

527

(1)

For Further Reading

528

(2)

Epilogue

530

(4)

Crime as an Empty Vessel

530

(1)

Poverty and Crime

530

(1)

Race and Crime

530

(1)

Consequences of Political Rhetoric for the Criminal Courts

531

(1)

Increased Expectations

531

(1)

Disagreement over Goals

531

(1)

The Dynamics of Courthouse Justice

531

(1)

The Murder Trial of Shareef Cousin: Uncertainties and Contradictions

532

(1)

Conclusion

533

(1)

References

533

(1)

Glossary

534

(8)

Case Index

542

(3)

Index

545

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America’s Courts and the Criminal Justice System (with CD-ROM and InfoTrac)

Summary

Author Biography

Table of Contents

Supplemental Materials