Judicial Process in America

by Carp, Robert A.; Stidham, Ronald

• ISBN13: 9780871878335
• ISBN10: 087187833X
• Format: Paperback
• Copyright: 1995-07-01
• Publisher: Cq Pr

Summary

Looking at judges and lawyers in civil and criminal courts at the state and federal levels, the authors discuss variables affecting the judicial process, and contend that all judges engage in public policy-making. This edition covers recent changes and trends, including the impact of Clinton appointments.

Author Biography

Robert A. Carp is professor of political science at the University of Houston Ronald Stidham is professor of political science/criminal justice at Appalachian State University

Table of Contents

Tables and Figures	p. xi
Preface	p. xiii
Foundations of Law in the United States	p. 1
Opening Questions	p. 1
Definition of Law	p. 4
Sources of Law in the United States	p. 5
Types of Law	p. 7
Functions of Law	p. 10
The United States and the Rule of Law	p. 13
A Litigious Society	p. 17
Summary	p. 20
History and Organization of the Federal Judicial System	p. 23
Opening Questions	p. 23
The Historical Context	p. 25
The U.S. Supreme Court	p. 26
The U.S. Courts of Appeals	p. 38
U.S. District Courts	p. 46
Constitutional Courts and Legislative Courts	p. 51
Administrative and Staff Support in the Federal Judiciary	p. 53
Federal Court Workload	p. 57
Summary	p. 59
History and Organization of State Judicial Systems	p. 63
Opening Questions	p. 63
Historical Development of State Courts	p. 64
State Court Organization	p. 68
Administrative and Staff Support in the State Judiciary	p. 73
State Court Workload	p. 75
Summary	p. 76
Jurisdiction and Policy-Making Boundaries	p. 79
Opening Questions	p. 79
Federal Courts	p. 80
Jurisdiction and Policy Making of State Courts	p. 84
Jurisdiction and Legislative Politics	p. 87
Judicial Self-Restraint	p. 88
Summary	p. 103
Lawyers, Litigants, and Interest Groups in the Judicial Process	p. 106
Opening Questions	p. 106
Lawyers and the Legal Profession	p. 107
Litigants	p. 123
Interest Groups in the Judicial Process	p. 124
Summary	p. 130
The Criminal Court Process	p. 135
Opening Questions	p. 135
The Nature and Substance of Crime	p. 136
Categories of Crime	p. 137
Elements of a Crime	p. 142
Procedures before a Criminal Trial	p. 146
Procedures during a Criminal Trial	p. 162
Procedures after a Criminal Trial	p. 176
Summary	p. 183
The Civil Court Process	p. 188
Opening Questions	p. 188
The Nature and Substance of Civil Law	p. 189
The Main Categories of Civil Law	p. 190
The Courts and Other Institutions Concerned with Civil Law	p. 195
The Civil Trial Process	p. 202
Summary	p. 210
Federal Judges	p. 214
Opening Questions	p. 214
Background Characteristics of Federal Judges	p. 215
Formal and Informal Qualifications of Federal Judges	p. 224
The Federal Selection Process and Its Participants	p. 229
Policy Links between the Citizenry, the President, and the Federal Judiciary	p. 238
The Judicial Socialization Process	p. 253
The Retirement and Removal of Judges	p. 257
Summary	p. 262
State Judges	p. 268
Opening Questions	p. 268
Qualifications and Backgrounds of State Judges	p. 269
The Selection Process for State Judges	p. 271
The Retirement and Removal of Judges	p. 277
Summary	p. 278
Decision Making by Trial Court Judges	p. 282
Opening Questions	p. 282
The Legal Subculture	p. 284
The Democratic Subculture	p. 291
Summary	p. 321
Decision Making in Collegial Courts	p. 328
Opening Questions	p. 328
Cue Theory	p. 329
Small-Group Analysis	p. 332
Attitude Theory	p. 349
Rational Choice Theory	p. 352
Summary	p. 353
Implementation and Impact of Judicial Policies	p. 359
Opening Questions	p. 359
The Impact of Higher-Court Decisions on Lower Courts	p. 360
Congressional Influences on the Implementation Process	p. 367
Executive Branch Influences on the Implementation Process	p. 370
Other Implementers	p. 373
The Impact of Judicial Policies	p. 375
Summary	p. 382
Policy Making by American Judges: A Synthesis	p. 387
The Nature of the Case or Issue	p. 388
The Values and Orientations of the Judges	p. 391
The Nature of the Judicial Decision-Making Process	p. 394
The Impact of Extraneous Influences	p. 397
Glossary	p. 400
Subject Index	p. 407
Case Index	p. 424
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