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Tables of Contents for America's Courts and the Criminal Justice System
Chapter/Section Title
Page #
Page Count
Preface
xiii
 
To the Student
xvii
 
About the Author
xix
 
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
4
1
Tensions and Conflicts
4
1
Courts, Crime, and the Public
5
2
Finding the Courthouse
7
1
Identifying the Actors in the Courthouse
8
3
Prosecutors
9
1
Defense Attorneys
9
1
Judges
9
2
Defendants and Their Victims
11
1
Following the Steps of the Process
11
4
Crime
12
1
Arrest
12
1
Initial Appearance
12
1
Bail
12
1
Preliminary Hearing
12
1
Charging Decision
12
1
Grand Jury
13
1
Arraignment
14
1
Evidence
14
1
Plea Negotiations
14
1
Trial
14
1
Sentencing
14
1
Appeal
15
1
Law on the Books
15
1
Law in Action
15
1
Case Focus: Overview
16
2
Assembly-line Justice
17
1
Discretion
17
1
The Courtroom Work Group
17
1
Close-Up: Overview
18
1
Courts and Controversy
18
1
Controversy: Overview
19
2
Crime Control Model
20
1
Due Process Model
20
1
Conclusion
21
4
Critical Thinking Questions
22
1
Browsing the Web
22
1
References
23
1
For Further Reading
23
2
PART I The Legal System
25
80
Law and Crime
26
30
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
5
Basis for Filing a Civil Suit
37
1
Remedies
38
1
Using Civil Remedies to Fight Crime
39
1
Controversy: Should Asset Forfeiture Be Limited?
40
2
Civil Liability of Criminal Justice Officials
41
1
Criminal Law
42
2
Case Focus: Louisiana v. Peairs and the Difference between Criminal and Civil Law
44
1
Elements of a Crime
44
3
Guilty Act
45
1
Guilty Intent
45
1
Fusion of Guilty Act and Guilty Intent
46
1
Attendant Circumstances
46
1
Results
46
1
Legal Defenses
47
1
Criminal Law: Constant and Changing
48
2
Close-Up: Rape Becomes Sexual Assault
50
1
Pressures for Changing the Criminal Law
51
1
Piecemeal Change
51
1
Effects of the Criminal Law on the Courts
51
2
Criminal Law and Inconsistencies
52
1
Criminal Law and Plea Bargaining
52
1
Criminal Law and Sentencing
52
1
Conclusion
53
3
Critical Thinking Questions
53
1
Browsing the Web
54
1
References
54
1
For Further Reading
55
1
Federal Courts
56
30
Basic Principles of Court Organization
57
3
Jurisdiction
58
1
Trial and Appellate Courts
59
1
Dual Court System
59
1
History of the Federal Courts
60
1
The Constitutional Convention
60
1
Controversy: Should the Double Jeopardy Clause Prohibit Parallel State and Federal Prosecutions?
61
2
The Judiciary Act of 1789
62
1
1789-1891
62
1
Court of Appeals Act of 1891
63
1
Federal Courts Today
63
1
U.S. Magistrate Judges
63
2
Caseload of U.S. Magistrate Judges
64
1
U.S. District Courts
65
3
Caseload of U.S. District Courts
66
2
Close-Up: The Effects of Federal Law on State and Local Criminal Justice
68
1
U.S. Courts of Appeals
69
1
Caseload of U.S. Courts of Appeals
69
1
U.S. Supreme Court
70
1
Caseload of U.S. Supreme Court
70
1
Specialized Courts
71
2
Military Justice
72
1
Tribal Courts
72
1
Federal Judicial Administration
73
2
Chief Justice
73
1
Judicial Conference of the United States
74
1
Administrative Office of the U.S. Courts
74
1
Federal Judicial Center
74
1
Judicial Councils
75
1
U.S. Sentencing Commission
75
1
Rising Caseloads in the Federal Courts
75
3
Dramatic Increase in Workload
75
2
How Many Federal Judges Are Too Many?
77
1
Reduce Federal Jurisdiction?
77
1
Controversy: Should State Crimes Also Become Federal Violations?
78
1
Consequences of Federal Involvement in the Criminal Justice System
78
2
Limited Scope
79
1
Case Focus: U.S. v. Miller and the Right to Bear Arms
80
2
Forum for Symbolic Politics
81
1
Federal Dollars
81
1
Conclusion
82
4
Critical Thinking Questions
82
1
Browsing the Web
83
1
References
83
1
For Further Reading
84
2
State Courts
86
19
History of State Courts
87
2
Colonial Courts
87
1
Early American Courts
88
1
Courts in a Modernizing Society
88
1
Trial Courts of Limited Jurisdiction: Lower Courts
89
1
Trial Courts of General Jurisdiction: Major Trial Courts
89
2
Criminal Cases
90
1
Civil Cases
91
1
Intermediate Courts of Appeals
91
1
Courts of Last Resort: State Supreme Courts
92
1
Court Unification
93
1
Case Focus: Wachtler v. Cuomo and Court Financing
94
2
Simplified Court Structure
94
2
Centralized Administration
96
1
Centralized Rule Making
96
1
Centralized Judicial Budgeting
96
1
Statewide Financing
96
1
Court Reform: The Emerging Agenda
96
2
Controversy: The Politics of Court Reorganization
98
1
Consequences of Court Organization
99
1
Decentralization and Choice of Courts
99
1
Close-Up: Drug Courts
100
1
Local Control and Local Corruption
100
1
Conclusion
101
4
Critical Thinking Questions
102
1
Browsing the Web
102
1
References
102
1
For Further Reading
103
2
PART II Legal Actors
105
126
The Dynamics of Courthouse Justice
106
23
The Courthouse and the People Who Work There
107
4
The Courthouse
108
1
The Courtroom
108
3
Close-Up: ``Those People Behind the Scenes''
111
2
Behind the Scenes
111
2
Dynamics of Courthouse Justice
113
1
Assembly-line Justice
113
2
Strengths of the Explanation
114
1
Weaknesses of the Explanation
114
1
Assembly-line Justice Reconsidered
115
1
Discretion
115
1
Controversy: ``23 1/2 Hours in Court: 1,636 Cases Later''
116
1
Legal Judgments
117
1
Policy Priorities
117
1
Personal Philosophies
117
1
The Courtroom Work Group
117
3
Mutual Interdependence
118
1
Socialization
118
1
Shared Decision Making
119
1
Variability in Courtroom Work Groups
120
1
The Problem of Delay
120
2
Consequences of Delay
120
1
Assessing the Costs of Delay
121
1
Law-on-the-Books Approach to Court Delay
122
1
Speedy-Trial Laws
123
1
Case Focus: Barker v. Wingo and the Right to a Speedy Trial
123
1
Limits of Speedy-Trial Laws
123
1
Law-in-Action Approach to Court Delay
124
1
Case Scheduling
123
2
Efforts at Coordination
125
1
Conclusion
125
4
Critical Thinking Questions
126
1
Browsing the Web
126
1
References
126
2
For Further Reading
128
1
Prosecutors
129
27
Role of the Prosecutor
130
1
Broad Discretion
130
1
Decentralization
131
1
Prosecution in Federal Courts
131
3
Case Focus: Burns v. Reed and Prosecutorial Immunity
134
2
Solicitor General
134
1
Criminal Division of the Justice Department
135
1
Controversy: Does the Federal Government Need an Independent Counsel?
136
2
U.S. Attorneys
138
1
Prosecution in State Courts
138
3
State Attorney General
139
1
Chief Prosecutor
139
1
Local Prosecutor
140
1
The Prosecutor at Work
141
2
Fighting
141
1
Negotiating
142
1
Drafting
142
1
Counseling
142
1
Administering
142
1
The Prosecutor's Office at Work
143
1
Assistant District Attorneys
143
1
Learning the Job
143
1
Close-Up: ``The Prosecutor: A Maze of Paperwork without End''
144
4
Promotions and Office Structure
145
2
Supervision
147
1
Attempts at Greater Supervision
148
1
Prosecutors and Courtroom Work Groups
148
3
Conflicting Goals and Contrasting Work Groups
149
1
Political Styles and Contrasting Work Groups
150
1
The Expanding Domain of the Prosecutor
151
2
Improving Police-Prosecutor Relationships
151
1
Community Prosecution
152
1
Conclusion
153
3
Critical Thinking Questions
153
1
Browsing the Web
153
1
References
154
1
For Further Reading
155
1
Defense Attorneys
156
25
The Right to Counsel
157
3
Nonfelony Criminal Prosecutions
158
1
Stages of the Criminal Process
158
2
Case Focus: Gideon v. Wainwright and the Right to Counsel
160
2
Ineffective Assistance of Counsel
160
1
Self-Representation
161
1
Defense Attorneys at Work
162
2
Fighting
162
1
Negotiating
162
1
Drafting
162
1
Counseling
163
1
Administering
163
1
Defense Attorneys and Courtroom Work Groups
164
1
Rewards and Sanctions
164
1
Close-Up: ``Legal Workload Frustrating to Both Sides''
165
2
Variations in Cooperation
166
1
An Assessment
166
1
The Criminal Bar
167
2
Diversity and Stratification of the Legal Profession
167
1
Environment of Practice
168
1
Providing Indigents with Attorneys
169
5
Assigned Counsel
170
2
Contract Systems
172
1
Public Defender
172
1
Assessing the Merits of Public Defenders
173
1
Controversy: Are We Spending Too Little or Too Much on Indigent Defense?
174
1
Lawyers and Clients
174
3
Lawyers View Their Clients
176
1
Defendants View Their Lawyers
176
1
Conclusion
177
4
Critical Thinking Questions
177
1
Browsing the Web
178
1
References
178
1
For Further Reading
179
2
Judges
181
27
The Position of Judge
182
1
Benefits of the Job
182
1
Frustrations of the Job
183
1
Judges at Work
183
3
Fighting
185
1
Negotiating
185
1
Drafting
185
1
Counseling
185
1
Administering
186
1
Judges within the Courtroom Work Group
186
1
Differences among Judges
186
1
Close-Up: ```Frustrated' Judge Gets the Gridlocked System Moving''
187
1
Quality and Qualification of Judges
188
1
Varying Roads to a Judgeship
188
4
Executive Appointments
188
2
Election of Judges
190
1
Merit Selection
191
1
Consequences of Judicial Selection
192
2
Which System Is Best?
192
1
Similarities in Judges' Backgrounds
193
1
Diversity and the Judiciary
193
1
Controversy: Is Gender Bias a Significant Problem in the Courts?
194
2
Case Focus: Chisom v. Roemer and Diversity and the Bench
196
1
Learning to Be a Judge
196
2
Judicial Education
198
1
Judging the Judges
198
2
Judicial Independence
198
1
Judicial Misconduct
199
1
Controversy: Is Judicial Independence Being Undermined?
200
4
State Judicial Conduct Commissions
200
2
Federal Conduct and Disability Act
202
2
Conclusion
204
4
Critical Thinking Questions
204
1
Browsing the Web
204
1
References
205
2
For Further Reading
207
1
Defendants and Victims
208
23
Defendants
209
1
Characteristics of Defendants
209
1
Close-Up: The Typical Defendant?
210
2
Defendants in Court
211
1
Courts Through the Eyes of Victims and Witnesses
212
1
Frustrations in Coping with the Process
212
1
Travails of Testifying
212
1
Close-Up: Trial by Ordeal for Waiting Witnesses
213
1
Surprising Support for the System
214
1
Victims and Witnesses Through the Eyes of the Court
214
3
Lack of Cooperation
215
1
Characteristics of Victims
216
1
Prior Relationships between Defendants and Victims
216
1
Domestic Violence
216
1
Aiding Victims and Witnesses
217
3
Victim/Witness Assistance Programs
218
1
Victim Compensation Programs
219
1
Victim's Bill of Rights
220
1
Aiding or Manipulating Victims?
220
2
The Victims' Rights Movement
220
2
Controversy: Should the Victims' Rights Amendment Be Adopted?
222
2
Differing Goals
222
1
Do Victims Benefit?
223
1
Case Focus: Payne v. Tennessee and Victim Impact Statements
224
2
Conclusion
226
5
Critical Thinking Questions
226
1
Browsing the Web
227
1
References
227
2
For Further Reading
229
2
PART III Processing the Accused
231
138
Arrest to Arraignment
232
30
Crime
233
1
Arrest
234
4
Quality of Arrests
236
2
Swelling Criminal Dockets
238
1
Initial Appearance
238
1
Close-Up: Bunton's Rocket Docket
239
1
Charging
239
2
Law on the Books: Prosecutorial Control
240
1
Law in Action: Police Influence
240
1
Law in Controversy: Should Prosecutors Set High Standards for Charging?
240
1
Preliminary Hearing
241
1
Law on the Books: Weighing Probable Cause
241
1
Controversy: Is It Time to Rethink the War on Drugs?
242
2
Case Focus: Country of Riverside v. McLaughlin and a Prompt Hearing before a Magistrate
244
2
Law in Action: Variations in Using the Preliminary Hearing
244
2
Law in Controversy: Political Realities
246
1
Grand Jury
246
4
Law on the Books: Shield and Sword
247
2
Law in Action: Prosecutorial Domination
249
1
Law in Controversy: Abolish or Reform the Grand Jury?
249
1
Arraignment
250
1
Law in Action Perspective: Funneling Effect
251
1
Why Attrition Occurs
252
3
Legal Judgments
253
1
Policy Priorities
254
1
Personal Standards of Justice
255
1
Law on the Books: Written Guidelines
255
1
The Criminal Justice Wedding Cake
255
3
Celebrated Cases
256
1
Serious Felonies
257
1
Lesser Felonies
257
1
The Lower Depths
257
1
Conclusion
258
4
Critical Thinking Questions
258
1
Browsing the Web
259
1
References
259
2
For Further Reading
261
1
Bail
262
23
The Monetary Bail System
263
2
Bail Procedures
264
1
Forms of Bail
264
1
Conflicting Theories of Bail
264
1
The Context of Bail Setting
265
2
Uncertainty
265
1
Risk
266
1
Jail Overcrowding
267
1
The Process of Bail Setting
267
2
Seriousness of the Crime
267
1
Prior Criminal Record
267
1
Situational Justice
268
1
Bail Setting and the Courtroom Work Group
269
2
Influence of the Prosecutor
269
1
Geographic Differences
270
1
Bail Bondsmen
271
2
The Business Setting
271
1
Bail Bondsmen and the Courtroom Work Group
272
1
Effects of the Bail System
273
1
Jail Conditions
273
1
Close-Up: ``Caught in the Nightmare of New York City's Holding Pens''
274
2
Case Disposition
275
1
Failure to Appear
275
1
Bail Reform Based on the Due Process Model
276
1
Ten Percent Bail Deposit
276
1
Pretrial Service Programs
276
1
Bail Reform Based on the Crime Control Model
277
2
Pretrial Crimes
278
1
Preventive Detention
278
1
Controversy: Should Defendants Be Forced to Take a Drug Test?
279
1
Case Focus: U.S. v. Salerno and Preventive Detention
280
1
Conclusion
281
4
Critical Thinking Questions
282
1
Browsing the Web
282
1
References
282
2
For Further Reading
284
1
Disclosing and Suppressing Evidence
285
23
Discovery
286
3
Law on the Books: Rules Requiring Disclosure
286
2
Law in Action: Informal Prosecutorial Disclosure
288
1
The Exclusionary Rule and the Supreme Court
289
1
Close-Up: ``Lawyers Claim DAs Exclude Evidence''
290
1
Confessions
291
2
The Warren Court Changes the Rules
291
1
The Burger and Rehnquist Courts Limit Miranda
291
2
Case Focus: Miranda v. Arizona and Limiting Police Interrogations
293
1
Search and Seizure
294
2
Search Warrants
296
1
Controversy: Should the Exclusionary Rule Be Abolished?
296
2
Warrantless Searches
298
1
The Exclusionary Rule and the Courtroom Work Group
298
6
Pretrial Motions
298
1
Defense Attorney as Prime Mover
299
2
The Defensive Posture of the Prosecutor
301
1
Trial Judges as Decision Makers
301
2
Police Testimony
303
1
Law in Controversy: Costs of the Exclusionary Rule
304
1
Conclusion
304
4
Critical Thinking Questions
305
1
Browsing the Web
305
1
References
306
1
For Further Reading
307
1
Negotiated Justice and the Plea of Guilty
308
26
The Many Faces of Plea Bargaining
309
1
Law on the Books: Types of Plea Agreements
310
3
Charge Bargaining
311
1
Count Bargaining
311
1
Sentence Bargaining
312
1
Law in Action: Bargaining and Caseloads
313
1
Law in Action: Bargaining and Discretion
313
1
Presumption of Factual Guilt
313
1
Close-Up: ``Where `Swift' Justice Means Just That''
314
1
Costs and Risks of Trial
315
1
What to Do with the Guilty
315
1
Bargaining and the Courtroom Work Group
315
3
Prosecutors
316
1
Defendants
316
1
Defense Attorneys
317
1
Close-Up: ``The Name of the Game Is Plea Bargaining''
318
1
Judges
318
1
Dynamics of Bargaining
319
3
Interaction Norms
319
1
Decision-Making Norms
320
1
Why Cases Go to Trial
320
1
Jury Trial Penalty
321
1
Copping a Plea
322
2
Questioning the Defendant
323
1
Case Focus: Santobello v. New York and Honoring a Plea Agreement
324
2
Accepting a Plea
326
1
Placing the Plea Agreement on the Record
326
1
Law in Controversy: Abolishing Plea Bargaining
326
2
Are the Changes Implemented?
327
1
Is Discretion Eliminated or Just Moved Elsewhere?
327
1
Controversy: Who Benefits from Plea Bargaining?
328
2
Do Offsetting Changes Occur?
329
1
Conclusion
330
4
Critical Thinking Questions
330
1
Browsing the Web
331
1
References
331
2
For Further Reading
333
1
Trials and Juries
334
35
History of Trial by Jury
335
1
English Roots
336
1
Colonial Developments
336
1
Law on the Books: The Constitution and Trial by Jury
336
3
Scope of the Right to a Trial by Jury
337
1
Jury Size
338
1
Unanimity
339
1
Law on the Books: Selecting a Fair and Unbiased Jury
339
3
Master Jury List
339
1
Venire
340
1
Voir Dire
341
1
Jury Duty
341
1
Close-Up: ``The Verdict: Juries Work''
342
1
Law in Action: Selecting a Jury Biased in Your Favor
343
1
Educating Jurors
343
1
Jury Consultants
343
1
Opening Statements
343
3
The Prosecution Presents Its Case
346
2
Burden of Proof
346
1
Types of Evidence
347
1
Rules of Evidence: Trustworthiness
347
1
Close-Up: ``Genetics Meets Forensics''
348
2
Rules of Evidence: Relevance
349
1
Objections to the Admission of Evidence
350
1
The Defense Presents Its Case
350
2
Reasonable Doubt
350
1
Challenging Scientific Evidence
351
1
The Defendant as Witness
351
1
Close-Up: ``Defense Attorneys Assail Star Witnesses''
352
1
Alibi Defense
352
1
Affirmative Defenses
353
1
Rebuttal
353
1
Closing Arguments
353
1
Controversy: Should the Insanity Defense Be Abolished?
354
2
Jury Instructions
356
1
Jury Deliberations
357
1
What Motivates a Jury?
357
1
Are Juries Biased?
357
1
The Verdict
357
1
Post-Verdict Motions
358
1
Law in Action: Trials as Balancing Wheels
358
2
Popular Standards of Justice
359
1
Uncertainty
359
1
Prejudicial Pretrial Publicity
360
1
Limited Gag Order
360
1
Change of Venue
361
1
Sequestering the Jury
361
1
Conclusion
361
1
Controversy: Should Cameras Be Allowed in the Courtroom?
362
2
Critical Thinking Questions
362
1
Browsing the Web
363
1
Case Focus: Sheppard v. Maxwell and Prejudicial Pretrial Publicity
364
5
References
364
3
For Further Reading
367
2
PART IV Sentencing the Guilty
369
64
Sentencing Options
370
29
Why Do We Sentence?
371
5
Retribution
371
2
Incapacitation
373
1
Deterrence
373
1
Rehabilitation
374
1
Competing Sentencing Philosophies
375
1
Controversy: Should Restorative Justice Replace Revenge-based Sentencing?
376
1
Who Should Decide the Sentence?
376
4
Legislative Sentencing Responsibility
377
2
Judicial Sentencing Responsibility
379
1
Executive Sentencing Responsibility
379
1
What Sentence Should Be Imposed?
380
2
Imprisonment
382
2
Prison Overcrowding
382
1
Conditions of Confinement Lawsuits
382
1
High Costs
383
1
Probation
384
1
Intermediate Sanctions
385
1
Fines
386
1
Restitution
387
1
The Death Penalty
388
2
Eighth Amendment Standards
388
1
Contemporary Death Penalty Laws
389
1
Case Focus: Furman v. Georgia and Cruel and Unusual Punishment
390
2
Close-Up: Public Opinion and the Death Penalty
392
2
Appeals and Evolving Standards
392
2
Death Row Inmates
394
1
Conclusion
394
5
Critical Thinking Questions
395
1
Browsing the Web
395
1
References
395
2
For Further Reading
397
2
Sentencing Decisions
399
34
Courtroom Work Groups and Sentencing Decisions
401
3
Probation Officers
401
2
Prosecutors
403
1
Defense Attorneys
403
1
Judges
403
1
Close-Up: Probation Officers Classify Defendants
404
1
Normal Penalties and Sentencing Decisions
405
2
Seriousness of the Offense
405
1
Prior Record
406
1
Aggravating or Mitigating Circumstances
407
1
Law in Controversy: Uncertainty and Public Opinion
407
1
Discrimination and Sentencing
407
1
Imbalance versus Discrimination
407
1
Conflicting Findings
408
1
Discrimination and Economic Status
408
1
Discrimination and Gender
409
1
Why Are Women Increasingly Being Sentenced to Prison?
409
1
Are Women Sentenced More Leniently than Men?
409
1
Discrimination and Race
410
1
Controversy: Should Federal Penalties for Crack Be Lowered to Remove Racial Disparities?
411
1
Discrimination and Capital Punishment
412
1
Offender-Victim Dyad
412
1
Evidence of Discrimination since Gregg
412
1
Evidence of No Discrimination since Gregg
413
1
McCleskey v. Kemp Bars Social Science Evidence
413
1
Disparities and Sentencing
413
3
The Geography of Justice
414
1
Judges' Backgrounds and Attitudes
414
2
Increasing the Predictability of Sentencing
416
2
Law in Controversy: Reducing Judicial Discretion
416
1
Law on the Books: Determinate Sentencing Returns
416
1
Law in Action: Diverse Impacts
417
1
Case Focus: Mistretta v. U.S. and Sentencing Guidelines
418
1
Sentencing Guidelines
418
3
Law on the Books: Voluntary versus Presumptive Guidelines
419
1
Law in Action: Varied Impacts
419
2
Law in Controversy: Has Too Much Discretion Been Removed?
421
1
Close-Up: ``Drug Sentence Draws Wrath of Judges''
422
1
Increasing the Severity of the Penalty
422
2
Law on the Books: Mandatory Minimum Sentences
422
1
Law in Action: Nullification by Discretion
423
1
Controversy: Should ``Three Strikes and You're Out'' Laws Be Adopted?
424
2
Law in Controversy: Negative Side Effects
424
2
Conclusion
426
7
Critical Thinking Questions
426
1
Browsing the Web
427
1
References
427
4
For Further Reading
431
2
PART V Specialized Courts
433
79
Appellate Courts
434
27
Nature of the Appellate Process
435
2
The Purposes of Appeal
436
1
Scope of Appellate Review
436
1
Appellate Court Procedures
437
3
Notice of Appeal
439
1
Appellate Court Record
439
1
Briefing the Case
439
1
Oral Argument
439
1
Written Opinion
439
1
Disposition
440
1
Criminal Appeals
440
2
Law on the Books: Expanded Opportunity to Appeal Criminal Convictions
440
1
Law in Action: Defendants Rarely Win on Appeal
441
1
Post-Conviction Review
442
2
How Post-Conviction Remedies Differ from Appeals
442
1
Expansion under the Warren Court
443
1
Contraction under the Burger and Rehnquist Courts
443
1
Congress Greatly Restricts Federal Habeas
443
1
Case Focus: Coleman v. Thompson and Federal Court Scrutiny of State Court Convictions
444
1
Controversy: Should Federal Courthouse Doors Be Closed to State Prisoners?
445
1
Caseloads and Expedited Processing Techniques
446
3
Law on the Books Responses: Increasing Reources
446
2
Law in Action Responses: Expedited Processing Techniques
448
1
Assessment of Responses
449
1
State Supreme Courts
449
2
Law on the Books: State Supreme Courts and Discretionary Dockets
449
1
Law in Action: State Supreme Courts as Policy Makers
450
1
Law in Controversy: State Supreme Courts and Death Penalty Cases
451
1
The U.S. Supreme Court and Criminal Justice Policy
451
1
Warren Court (1953-1969)
451
1
Close-Up: ``A Shortage of Lawyers to Help the Condemned''
452
4
Burger Court (1969-1986)
454
1
Rehnquist Court (1986-)
455
1
The Supreme Court in Broad Perspective
456
1
Conclusion
456
5
Critical Thinking Questions
457
1
Browsing the Web
457
1
References
458
2
For Further Reading
460
1
The Lower Courts
461
24
Scope of the Lower Courts
462
3
Felony Criminal Cases
463
1
Nonfelony Criminal Cases
463
2
Civil Cases
465
1
Problems of the Lower Courts
465
2
Inadequate Financing
466
1
Inadequate Facilities
466
1
Lax Court Procedures
466
1
Unbalanced Caseloads
466
1
Justice of the Peace Courts
467
1
Abolition of the JP System
467
1
Close-Up: Rural Justice
468
2
Elimination of the Fee System
468
2
Upgrading the Quality of the Personnel
470
1
Municipal Courts
470
1
The Assembly Line
470
1
Case Focus: North v. Russell and Nonlawyer Judges
471
5
The Courtroom Work Group in Municipal Court
472
1
Sentencing
473
2
Is the Process the Punishment?
475
1
Controversy: Drunk Driving Prosecutions
476
2
Alternative Dispute Resolution (ADR)
478
2
Private Disputes
479
1
Community-Oriented Mediation
479
1
Criminal Justice-based Mediation
480
1
Evaluation of ADR
480
1
Conclusion
480
5
Critical Thinking Questions
481
1
Browsing the Web
482
1
References
482
2
For Further Reading
484
1
Juvenile Courts
485
27
Juvenile Courts 100 Years Ago
486
2
Industrialization, Cities, and Crime
486
1
The Child Savers and the Progressive Movement
487
1
Parens Patriae
487
1
How Juvenile Courts Differ from Adult Courts
488
1
Emphasis on Helping the Child
488
1
Informal Proceedings
488
1
Proceedings Based on Civil Law
488
1
Secret Proceedings
488
1
Absence of Jury Trials
489
1
Law on the Books: The Organization of Juvenile Courts
489
2
Juvenile Court as a Separate Court
489
1
Juvenile Court as Part of Family Court
489
1
Juvenile Court as a Unit of Trial Court
489
1
Law in Action: The Impact of Structure
490
1
Juvenile Court Jurisdiction: Age
491
1
No Consensus on Age of Juveniles
491
1
Transfer to Adult Court
491
1
Juvenile Court Jurisdiction: Subject Matter
492
1
Juvenile Delinquency
492
1
Controversy: Should Juveniles Be Tried as Adults?
493
1
Status Offenses
494
1
Child-Victim
494
1
Law in Action: One-Pot Jurisdiction
494
1
Due Process in Juvenile Courts
494
2
Key Court Decisions
495
1
Important Congressional Acts
495
1
Case Focus: In re Gault and Due Process Constraints on Juvenile Courts
496
1
Courtroom Work Group
496
3
Judges
498
1
Hearing Officers
498
1
Prosecutors
498
1
Defense Attorneys
498
1
Close-Up: The World of the Juvenile Court Judge
499
1
Probation Officers
499
1
Steps of the Juvenile Court Process
499
7
Delinquency (Crime)
500
2
Summons (Arrest)
502
1
Intake (Initial Hearing)
502
1
Detention Hearing
502
1
Petition
502
1
Conference
503
1
Evidence: Gathering and Suppressing
503
1
Plea Bargaining
503
2
Adjudicatory Hearing
505
1
Disposition
505
1
Appeal
506
1
Juvenile Courts: The Next 100 Years
506
1
Crime Control Model: More Adult Penalties
506
1
Due Process Model: More Youth Crime Prevention
507
1
Conclusion
507
1
Critical Thinking Questions
507
1
Close-Up: Teen Court
508
4
Browsing the Web
508
1
References
509
2
For Further Reading
511
1
Epilogue
512
3
Glossary
515
8
Table of Cases
523
3
Index
526