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American Courts in the Judicial Processexamines the many elements associated with the U.S. court system--its structure, function, and key actors. Rather than focusing on theory, author G. Larry Mays uses examples of the court in action, helping to demystify theory and make judicial processes immediately understandable. Concise and accessible,American Courts in the Judicial Processis ideal for courts courses that are taught out of criminal justice programs. FEATURES * Written by a seasoned author and renowned criminologist * Offers the most current scholarship * Organized in a logical progression of topics, beginning with a brief overview of court personnel (judges, lawyers, etc.) before delving into the different types of courts and procedures (pre-trial, trial, and post-trial judicial processes) * Contains distinctive pedagogy: » "What Works" and "What Doesn't Work" features comparing "law on the books" and "law in reality" » "In Their Own Words" boxes containing quotes from leading judges, lawyers, legal scholars, and others » "In the News" boxes discussing contemporary events » "World View" boxes covering international courts and legal systems * Discusses the major problems facing the American court system and also considers potential solutions SUPPORT PACKAGE *Instructor's Resource CDcontaining a Test Bank, sample syllabi, chapter outlines, and PowerPoint-based lecture slides *Companion Website (www.oup.com/us/mays)featuring a downloadable Student Study Guide, a variety of self-quizzes, and brief chapter summaries
G. Larry Mays is Regents Professor in the Criminal Justice Department at New Mexico State University.
Table of Contents
Each Chapter begins with an Introduction and ends with a Summary, Questions for Critical Thinking, Key Terms, Recommended Readings, References, and Endnotes. PREFACE 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 Limited versus General Trial Jurisdiction Hierarchical Jurisdiction Law versus Equity Adversarial Justice 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 Distinctives 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 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 Crimes against Persons Aggravated Assaults Murder and Nonnegligent Manslaughter Forcible Rape Robbery Crimes against Property Larceny/Theft Burglary Motor Vehicle Theft Arson Public Order Offenses Other Crimes 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 Witnesses Bailiffs and Other Security Personnel Court Clerks and Administrators Other Courtroom Personnel III. TRIALS AND RELATEDFUNCTIONS 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 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 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 Specialized Courts Juvenile Courts Age Jurisdiction Subject Matter Jurisdiction Family Courts Probate Courts Other Specialized Courts 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 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 Glossary Table of Cases Index