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

by Neubauer, David W.

• ISBN13: 9780534563400
• ISBN10: 0534563406
• Edition: 7th
• Format: Hardcover
• Copyright: 2001-07-30
• Publisher: Wadsworth Publishing

Summary

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.

Author Biography

David William Neubauer is now a professor at the University of New Orleans, where he chaired the political science department from 1982 to 1986.

Table of Contents

Preface	xiv
To the Student	xix
About the Author	xxii
Courts, Crime, and Controversy	1	(24)
The Courts and the Criminal Justice System	2	(3)
An Interdependent Criminal Justice System	3	(1)
A Fragmented Criminal Justice Nonsystem	3	(1)
Tensions and Conflicts	4	(1)
The Blame Game	5	(1)
Courts, Crime, and the Public	5	(1)
Finding the Courthouse	6	(2)
Identifying the Actors in the Courthouse	8	(2)
Prosecutors	8	(1)
Defense Attorneys	9	(1)
Judges	9	(1)
Defendants and Their Victims	9	(1)
Following the Steps of the Process	10	(3)
Crime	10	(1)
Arrest	10	(1)
Initial Appearance	10	(1)
Bail	10	(1)
Preliminary Hearing	11	(1)
Charging Decision	12	(1)
Grand Jury	12	(1)
Arraignment	12	(1)
Evidence	12	(1)
Plea Negotiations	12	(1)
Trial	12	(1)
Sentencing	13	(1)
Appeal	13	(1)
Law on the Books	13	(1)
Law in Action	13	(1)
Case Close-Up: Overview	14	(1)
A Day in Court: Overview	15	(2)
Assembly-line Justice	15	(1)
Discretion	16	(1)
The Courtroom Work Group	16	(1)
Controversy: Overview	17	(1)
Courts and Controversy	17	(2)
Crime Control Model	18	(1)
Due Process Model	18	(1)
The Murder Trial of Shareef Cousin: Overview	19	(1)
Conclusion	20	(5)
Critical Thinking Questions	21	(1)
World Wide Web Resources and Exercises	21	(1)
InfoTrac College Edition Resources and Exercises	22	(1)
References	22	(1)
For Further Reading	23	(2)
PART I THE LEGAL SYSTEM	25	(86)
Law and Crime	26	(32)
The Basis of Law	27	(1)
The Common Law Heritage	28	(4)
Judge-Made Law	28	(1)
Precedent	29	(1)
Multiple Sources of Law	29	(3)
The Adversary System	32	(1)
Safeguards	32	(1)
Presumption of Innocence	32	(1)
The Rights of the Accused	33	(2)
Due Process	34	(1)
Bill of Rights	35	(1)
Civil Law	35	(2)
A Day in Court: ``The French Legal System''	37	(5)
Basis for Filing a Civil Suit	38	(1)
Remedies	39	(2)
Using Civil Remedies to Fight Crime	41	(1)
Civil Liability of Criminal Justice Officials	42	(1)
Controversy: Should Asset Forfeiture be Limited?	42	(1)
Criminal Law	43	(2)
Court TV: Cabey v. Goetz	45	(1)
Elements of a Crime	45	(2)
Guilty Act	45	(1)
Guilty Intent	46	(1)
Fusion of Guilty Act and Guilty Intent	47	(1)
Attendant Circumstances	47	(1)
Results	47	(1)
Legal Defenses	47	(1)
Case Close-Up: Two Verdicts in the O. J. Trials	48	(1)
Criminal Law: Constant and Changing	49	(3)
Pressures for Changing the Criminal Law	50	(2)
Piecemeal Change	52	(1)
The Murder Trial of Shareef Cousin: The Question of Civil Liability	52	(1)
Effects of the Criminal Law on the Courts	53	(1)
Criminal Law and Inconsistencies	53	(1)
Criminal Law and Plea Bargaining	53	(1)
Criminal Law and Sentencing	54	(1)
Conclusion	54	(4)
Critical Thinking Questions	55	(1)
World Wide Web Resources and Exercises	55	(1)
InfoTrac College Edition Resources and Exercises	56	(1)
References	56	(1)
For Further Reading	57	(1)
Federal Courts	58	(31)
Basic Principles of Court Organization	59	(2)
Jurisdiction	59	(1)
Trial and Appellate Courts	60	(1)
Dual Court System	61	(1)
History of the Federal Courts	61	(2)
The Constitutional Convention	62	(1)
Controversy: Should the Double Jeopardy Clause Prohibit Parallel State and Federal Prosecutions?	63	(2)
The Judiciary Act of 1789	64	(1)
1789-1891	64	(1)
Court of Appeals Act of 1891	65	(1)
Federal Courts Today	65	(1)
U.S. Magistrate Judges	65	(2)
Caseload of U.S. Magistrate Judges	67	(1)
U.S. District Courts	67	(2)
Caseload of U.S. District Courts	68	(1)
U.S. Courts of Appeals	69	(1)
Caseload of U.S. Courts of Appeals	70	(1)
A Day in Court: Bunton's Rocket Docket	70	(1)
U.S. Supreme Court	71	(2)
Caseload of U.S. Supreme Court	72	(1)
Specialized Courts	73	(1)
Military Justice	74	(1)
CourtTV: New York v. Nelson	74	(1)
Tribal Courts	75	(1)
The Murder Trial of Shareef Cousin: A Federal Civil Rights Lawsuit is Filed	75	(1)
Federal Judicial Administration	76	(2)
Chief Justice	76	(1)
Judicial Conference of the United States	77	(1)
Administrative Office of the U.S. Courts	77	(1)
Federal Judicial Center	77	(1)
Judicial Councils	78	(1)
U.S. Sentencing Commission	78	(1)
Rising Caseloads in the Federal Courts	78	(3)
Dramatic Increase in Workload	79	(1)
How Many Federal Judges Are Too Many?	80	(1)
Reduce Federal Jurisdiction?	80	(1)
Controversy: Should State Crimes Also Become Federal Violations?	81	(1)
Consequences of Federal Involvement in the Criminal Justice System	82	(2)
Limited Scope	82	(1)
Forum for Symbolic Politics	83	(1)
Federal Dollars	83	(1)
Case Close-Up: U.S. v. Miller and the Right to Bear Arms	84	(1)
Conclusion	85	(4)
Critical Thinking Questions	85	(1)
World Wide Web Resources and Exercises	86	(1)
InfoTrac College Edition Resources and Exercises	86	(1)
References	87	(1)
For Further Reading	88	(1)
State Courts	89	(22)
History of State Courts	90	(1)
Colonial Courts	90	(1)
Early American Courts	90	(1)
Courts in a Modernizing Society	91	(1)
Trial Courts of Limited Jurisdiction: Lower Courts	91	(1)
Trial Courts of General Jurisdiction: Major Trial Courts	92	(2)
Criminal Cases	93	(1)
Civil Cases	93	(1)
The Murder Trial of Shareef Cousin: ``Doing Time at Tulane and Broad'' (Part I)	94	(1)
Intermediate Courts of Appeals	95	(1)
Courts of Last Resort: State Supreme Courts	96	(1)
Court Unification	97	(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