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Preface | |
Acknowledgments | |
The Purpose And Structure Of American Courts | |
Introduction: Law And The Judicial Function | |
Why Study Courts? | |
What is Law? | |
The Code of Hammurabi | |
Two Opposing Perspectives: Conflict and Consensus | |
What is the Relationship of Law to Justice? | |
The Rule of Law | |
Justice, the Law, and Packer's Models of Criminal Justice | |
Judicial Functions | |
How Judges "Make Law" | |
Development of the Common-Law System | |
The Role of Courts in the Criminal Justice System | |
Summary | |
Discussion Questions | |
Key Terms | |
Internet Sites | |
Cases Cited | |
References/Future Reading | |
Sources Of Law | |
Introduction | |
Sources of Law | |
Sources of Individual Rights | |
Due Process and the 14th Amendment | |
Standard of Review | |
Incorporation of the Bill of Rights Into the 14th Amendment | |
Summary | |
Discussion Questions | |
Key Terms | |
Internet Sites | |
Cases Cited | |
References/Future Reading | |
Types Of Law | |
Introduction | |
Types of Law: Criminal and Civil | |
Summary | |
Discussion Questions | |
Key Terms | |
Internet Sites | |
Cases Cited | |
References/Future Reading | |
Court Organization And Structure | |
Introduction | |
Jurisdiction | |
The Structure and Jurisdiction of U.S. Courts | |
A Brief Historical Overview | |
Federal Courts | |
State Courts | |
Court Actors | |
Overview of the Criminal Process | |
Overview of Defendant's Rights/Due Process | |
Summary | |
Discussion Questions | |
Key Terms | |
Internet Sites | |
Cases Cited | |
References/Future Reading | |
Courtroom Actors And The Courtroom Workgroup | |
Prosecutors | |
Introduction | |
Historical Evolution of the American Prosecutor | |
The Federal Prosecutor | |
State Prosecutors | |
The Prosecutor's Duties | |
Assistant Prosecutors At Work | |
The Expansion of the Prosecutor's Discretionary Power | |
Prosecutorial Ethics And Misconduct | |
Community Prosecution | |
Summary | |
Discussion Questions | |
Key Terms | |
Internet Sites | |
Cases Cited | |
References/Future Reading | |
Defense Attorneys | |
Introduction | |
Defense Attorney's Role in Criminal Justice System | |
Historical Development of the Right to Counsel | |
Indigent Defense Systems | |
Private Versus Appointed Counsel: Which is Better? | |
Effective Assistance of Counsel | |
Ethics and Lawyer-Client Relationships | |
Realities of Being a Defense Attorney | |
Summary | |
Discussion Questions | |
Key Terms | |
Internet Sites | |
Cases Cited | |
References/Future Reading | |
Judges | |
Introduction | |
Roles And Duties Of Judges | |
Judicial Selection | |
Judicial Socialization and Development | |
Judicial Accountability and Judicial Independence | |
Summary | |
Discussion Questions | |
Key Terms | |
Internet Sites | |
Cases Cited | |
References/Future Reading | |
The Jury | |
Introduction | |
History of Jury Trials | |
The Role of the Jury | |
Limits On The Right To Trial By Jury | |
Jury Size And Unanimity Requirements | |
The Selection of Jurors | |
Reforms to the Jury System | |
Jury Nullification | |
Summary | |
Discussion Questions | |
Key Terms | |
Internet Sites | |
Cases Cited | |
References/Future Reading | |
Court Processes | |
Pretrial Procedures | |
Introduction | |
Arrest | |
The Charging Decision | |
Information | |
Indictment | |
Booking | |
Initial Appearance | |
Arraignment | |
Discovery | |
Pretrial Motions | |
Plea Bargaining | |
Jury Selection | |
Summary | |
Discussion Questions | |
Key Terms | |
Internet Sites | |
Cases Cited | |
References/Future Reading | |
The Criminal Trial | |
Introduction | |
Opening Statements | |
The Presentation of Evidence | |
Calling Witnesses | |
Evidence and Rules of Evidence | |
Closing Arguments | |
Instructing the Jury | |
Jury Deliberations and Verdict | |
Summary | |
Discussion Questions | |
Key Terms | |
Internet Sites | |
Cases Cited | |
References/Future Reading | |
Sentencing | |
Introduction | |
The Goals of Sentencing | |
The Judge's Options at Sentencing | |
How Do Judges Decide? Modeling the Sentencing Process | |
Summary | |
Discussion Questions | |
Key Terms | |
Internet Sites | |
Cases Cited | |
References/Future Reading | |
The Appellate Process | |
Introduction | |
Appealing to a Higher Court | |
The Appellate Courts | |
The "Right" To Appeal | |
The Writ of Habeas Corpus | |
How Do Appellate Courts Decide? | |
Summary | |
Discussion Questions | |
Key Terms | |
Internet Sites | |
Cases Cited | |
References/Future Reading | |
Specialized Courts | |
Introduction | |
Problem-Solving Courts | |
Drug Treatment Courts | |
Domestic Violence Courts | |
Other Problem-Solving Courts | |
Juvenile Courts | |
Summary | |
Discussion Questions | |
Key Terms | |
Internet Sites | |
Cases Cited | |
References/Future Reading | |
Glossary | |
Case Index | |
General Index | |
About the Authors | |
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