Criminal Courts: Structure, Process, and Issues / Edition 1

Criminal Courts: Structure, Process, and Issues / Edition 1

by Gary A. Rabe
     
 

ISBN-10: 0137803885

ISBN-13: 9780137803880

Pub. Date: 07/28/2001

Publisher: Prentice Hall

Concise synopsis of history of American courts, featuring judicial system and key courtroom actors
Up-to-date box materials supplementing text, featuring key issues and relevant themes of different aspects of court procedures
Comprehensive discussion of pretrial procedures, motions, bases for appeals, and alternatives to criminal prosecution

Overview

Concise synopsis of history of American courts, featuring judicial system and key courtroom actors
Up-to-date box materials supplementing text, featuring key issues and relevant themes of different aspects of court procedures
Comprehensive discussion of pretrial procedures, motions, bases for appeals, and alternatives to criminal prosecution, including alternative dispute resolution, pretrial diversion, and restorative justice
Extensive coverage and comparison of state and federal court systems
Comprehensive discussion of juvenile courts, juvenile rights, and the juvenile justice process
Detailed discussion of key courtroom actors, including prosecutors, defense counsels, and judges, and how each are elected or appointed
Comprehensive discussion of plea bargaining, plea bargaining controversies and ethical considerations, and plea bargaining bans in different jurisdictions
Complete discussion of jury system in United States, including jury selection, jury deliberations, and jury issues, including jury nullification, use of jury consultants, and juror misconduct
Complete discussion of the trial process, including opening and closing arguments, examination and cross-examination, and other aspects of presentation of testimony and evidence
Comprehensive discussion of American courts, their interplay with the media, and how the media have changed courtroom procedures
Extensive discussion of key federal and state cases concerning court actions and defendant rights
Discussion of major sentencing systems, including indeterminate, determinate,mandatory, and guidelines-based or presumptive sentencing
Ancillaries include test bank, comprehensive glossary, and bibliography
Questions for review at chapter ends, including listings of key terms

Product Details

ISBN-13:
9780137803880
Publisher:
Prentice Hall
Publication date:
07/28/2001
Edition description:
Older Edition
Pages:
496
Product dimensions:
7.16(w) x 9.28(h) x 1.22(d)

Table of Contents

Prefacexiii
Chapter 1Law: The Legal Battlefield1
Introduction2
What Is Law?3
The Functions of Law4
The Evolution of Disputes6
Types of Law7
Sociolegal Perspectives and the Law14
Chapter 2The Structure of American Courts23
Introduction23
Classifying America's Courts24
Federal Court Structure26
State Court Structure30
Chapter 3The Prosecution41
Introduction42
The Adversary System43
The Prosecution44
Chapter 4The Defense61
Introduction64
On Legal Ethics and Professional Responsibility64
The Right to Counsel66
The Right to a Trial by Jury71
The Defense73
Interactions between Prosecutors and Defense Attorneys82
The Discovery Process83
Defense Attorneys and Their Defenses for Criminal Conduct87
Chapter 5Judges97
Introduction100
Judges and Their Qualifications100
Judicial Training135
Judicial Misconduct and Abuses of Discretion136
Criticisms of Judges137
Removing Judges from Office142
Chapter 6Juries155
Introduction156
The History of Juries156
The Development of the Grand Jury157
The Development of the Petit Jury157
The Jury Selection Process158
The Elimination of Jurors161
Jury Consultants and Scientific Jury Selection163
Jury Size167
Jury Sequestration170
Jury Decision Making and Voting172
Jury Verdicts173
Jury Nullification175
Jury and Juror Misconduct178
Chapter 7Pretrial Procedures: Initial Appearance, Bail Decision Making, and Alternative Dispute Resolution185
Introduction186
Arrest and Booking187
Initial Appearance187
The Right to Bail189
Bail Bondsmen and Bonding Companies190
Competing Goals of Bail191
Other Forms of Pretrial Release193
Bounty Hunters196
Decriminalization, Alternative Dispute Resolution (ADR), and Diversion198
Impartial Arbiters and Their Qualifications202
Victim Participation and Input202
Pretrial Diversion203
Other Noncriminal or Criminal Sanctions205
Chapter 8Pretrial Procedures: Plea Bargaining213
Introduction215
Plea Bargaining: Negotiated Guilty Pleas215
Types of Plea Bargaining225
The Pros and Cons of Plea Bargaining233
Why Is Plea Bargaining Banned in Some Jurisdictions?244
Judicial Instructions for Accepting Guilty Pleas and Rights Waivers245
Sentencing Systems and Plea Bargaining249
Chapter 9Trial Process and Procedures253
Introduction257
Bench Trials and Jury Trials Contrasted257
The Trial Process260
Jury Deliberations275
The Verdict and Its Aftermath280
Chapter 10Sentencing and Appeals285
Introduction286
Functions and Goals of Sentencing287
Forms of Sentencing289
Habitual Offender Statutes and Truth in Sentencing296
The Sentencing Hearing303
The Presentence Investigation Report: Contents and Functions305
Imposing the Sentence311
Shock Probation and Split Sentencing311
The Death Penalty and Bifurcated Trials313
Appeals of Sentences314
Chapter 11Juvenile Courts, Juvenile Rights, and Processing331
The Juvenile Justice System333
Delinquency, Juvenile Delinquents, and Status Offenders334
The Jurisdiction of Juvenile Courts338
Variations in Criminal and Juvenile Court Processing341
Juvenile Court History341
The Juvenile Justice Process343
Adjudicatory Proceedings345
Transfers, Waivers, and Certifications355
Criminal Court Processing of Juvenile Offenders361
Juvenile Rights and Standards of Proof363
Blended Sentencing Statutes and the Get-Tough Movement366
Trends and Implications for Juvenile Offenders371
Chapter 12Courts, Media, and the Litigation Explosion377
Introduction379
Trials and the Court of Public Opinion382
History of Media and the Courts383
Current Status of Media Access to the Courts386
Pretrial Publicity387
What Types of Information Do Potential Jurors Consider Prejudicial?389
How to Minimize the Effects of Pretrial Publicity390
The Litigation Explosion393
Torts396
Arguments for Tort Reform398
Glossary405
References439
Index473

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