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Tables of Contents for America's Courts and the Criminal Justice System With Infotrac
Chapter/Section Title
Page #
Page Count
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