American Courts and the Judicial Process / Edition 2

by G. Larry Mays, Laura Woods Fidelie

Overview

Featuring the insights of criminal justice scholars G. Larry Mays and Laura Woods Fidelie, American Courts and the Judicial Process, Second Edition, is ideal for undergraduate courts courses. It examines the many elements of the U.S. court system—its structures, functions, and key actors—addressing the major problems facing the system and considering potential solutions. This unique text also provides students with a practical perspective, discussing the contrast between the law and the rules as they are written and the ways in which they actually play out in the real world. The book is enhanced by "In the News" boxes that discuss contemporary events and "World View" boxes covering international courts and legal systems.

Product Details

ISBN-13:	9780190278892
Publisher:	Oxford University Press
Publication date:	01/19/2016
Edition description:	New Edition
Pages:	464
Product dimensions:	7.90(w) x 9.90(h) x 0.80(d)

About the Author

G. Larry Mays, now retired, was formally Regents Professor of Criminal Justice at New Mexico State University. He is the author or coauthor of several textbooks, including Making Sense of Criminal Justice, Second Edition (OUP, 2014) and Essentials of Corrections, Fifth Edition (2014).

Laura Woods Fidelie is Associate Professor of Criminal Justice at Midwestern State University. A supplements author for the previous edition of American Courts, she is also coauthor, with G. Larry Mays, of Criminal Law: Core Concepts (2014).

Table of Contents

Each Chapter begins with Learning Objectives and an Introduction and ends with a Summary, Questionsfor Critical Thinking, Key Terms, Recommended Readings, References, and Endnotes., Preface, AcknowledgmentsI. PERSPECTIVES ON THE JUDICIAL PROCESSCHAPTER 1. AN OVERVIEW OF THE AMERICAN LEGAL SYSTEMThe Criminal Justice SystemThe Police, Law Enforcement, Order Maintenance, Public ServiceLevels of Police Agencies, Local Police Departments, Sheriffs' Departments, State Policing, Federal Law EnforcementThe CourtsLevels of CourtsCorrections and Criminal Sanctions, Retribution, Rehabilitation, Deterrence, IncapacitationLevels of Corrections, State Corrections, Federal CorrectionsSeparation of PowersThe Legislative BranchThe Executive BranchThe Judicial BranchFederalismDifferences in Court JurisdictionsSubject Matter JurisdictionVenueLimited Versus General Trial JurisdictionHierarchical JurisdictionLaw versus EquityAdversarial JusticeSummaryQuestions for Critical ThinkingRecommended ReadingsKey TermsReferencesEndnotesCHAPTER 2. FOUNDATIONS AND FUNCTIONS OF LAWThe Development of LawThe Pre- Historical EraThe Early Historical PeriodThe Modern EraTypologies of LawPenal LawCompensatory LawTherapeutic LawConciliatory LawDifferences in Civil Law and Criminal LawCivil and Common Law Legal SystemsCivil and Criminal Law in the United States, Examples of DifferencesCivil Law DistinctionsCriminal Law DistinctivesSubstantive Law versus Procedural LawSubstantive LawProcedural LawSources of LawCommon LawConstitutional LawStatutory LawCase LawAdministrative LawDegrees of SeriousnessEvilnessOffense SeriousnessFeloniesMisdemeanors, Petty Misdemeanors, Infractions, and Ordinance ViolationsElements of a Crime, Mens Rea, Actus ReusConcurrenceInchoate OffensesConspiraciesSolicitationsAttemptsDefensesBurden of ProofAffirmative Defenses, Self- Defense, Duress, Entrapment, Infancy, Insanity, Intoxication, Necessity, AlibiTypes of Criminal OffensesViolent Crimes, Aggravated Assaults, Murder and Non-negligent Manslaughter, Rape, RobberyCrimes against Property, Larceny/Theft, Burglary, Motor Vehicle Theft, ArsonPublic Order OffensesOther Crimes* Theories of Criminal PunishmentRetributionRehabilitationDeterrenceIncapacitationII. COURT PARTICIPANTS: ROLES AND RELATIONSHIPSCHAPTER 3. THE COURTROOM WORK GROUPThe ActorsThe Work Group Core, Judges, Prosecuting Attorneys, Defense AttorneysOther Work Group Actors, Law Clerks, Court Clerks and Court Administrators, Jurors, Witnesses, Police Officers, The News MediaDefining the Courtroom Work GroupAuthority RelationshipsInfluence RelationshipsCommon GoalsDoing JusticeMaintaining Group CohesionDisposing of the Case LoadReducing UncertaintySpecialized RolesWork TechniquesTasksStability and FamiliarityGroup InteractionsJudgesProsecuting AttorneysDefense AttorneysDisruptions in Group GoalsCHAPTER 4. JUDGESSelection of JudgesPartisan ElectionNon- Partisan ElectionsAppointmentMerit SelectionJudicial QualificationsLocal and State JudgesFederal JudgesJudicial Discipline and Removal from OfficeJudicial Independence and AccountabilityQuasi- Judicial OfficersFunctions Performed by JudgesPretrial FunctionsTrial FunctionsPost-Trial FunctionsAppellate FunctionsJudges as AdministratorsCHAPTER 5. LAWYERS AND LITIGANTSLegal Education in the United StatesPrimitive Legal SystemsTransitional Legal SystemsModern Legal SystemsLawyers and the Practice of LawProsecuting AttorneysLocal and State ProsecutorsFederal ProsecutorsDefense AttorneysThe Roles Played by Defense AttorneysAttorney StatusThe Constitutional Right to CounselMethods for Selecting Attorneys, Public Defenders, Voucher Systems, Assigned Counsel, Contract Systems, Legal Clinics, Legal Aid SocietiesIssues Surrounding Attorney CompetenceAttorneys in Civil CasesCivil LitigantsCHAPTER 6. JURORS, WITNESSES, AND OTHERS IN THE JUDICIAL PROCESSThe Right to a Jury TrialJurors and Jury ServiceAge QualificationsOther Requirements for JurorsFactors That Disqualify Potential JurorsJury SelectionCourt Clerks and/or Jury CommissionersFrequency of Jury ServiceExcusals at the Time of TrialJuror DutiesJuror FunctionsJury SizeJury Unanimity*Jury Reform ProposalsWitnessesBailiffs and Other Security PersonnelCourt Clerks and AdministratorsOther Courtroom PersonnelIII. TRIALS AND RELATED FUNCTIONSCHAPTER 7. TRIALS AND TRIAL PROCEDURESPretrial ProceduresArrestBailInitial AppearancePreliminary HearingGrand JuryArraignmentPretrial Motions, Discovery, Motions in Civil Cases, Dismissal of Charges, Change of Venue, ContinuanceThe TrialBench Trial or Jury Trial? Assembling the Jury PoolJury SelectionOpening ArgumentsWitness ExaminationScientific Evidence in CourtClosing Arguments and Jury InstructionsJury Deliberations and VerdictsSentencingAppealsCHAPTER 8. SENTENCINGSentencing PhilosophiesRetributionRehabilitationDeterrenceIncapacitationResponsibility for Sentencing DecisionsSentencing Options AvailableMisdemeanor Sentences, Probation, Community Service, Fines, IncarcerationFelony Sentences, Community- Based Sanctions, Probation, Economic Sanctions, Incarceration, Capital PunishmentThe Sentencing Decision Making ProcessSentencing Strategies EmployedIndeterminate SentencingDeterminate SentencingStructured SentencingMandatory SentencingAlternative SentencingRace, Ethnicity, and Gender in SentencingMinorities and SentencingGender and SentencingTrends in SentencingChanges in Sentencing PolicyIncreased PunitivenessCapital PunishmentIV. COURT STRUCTURECHAPTER 9. COURTS OF LIMITED JURISDICTION AND SPECIALIZED COURTSThe Structure of Limited Jurisdiction CourtsFederal CourtsState CourtsOperations of Limited Jurisdiction CourtsTypes of Cases Heard by Lower Level CourtsTort ClaimsBreaches of ContractProbate CasesJuvenile CourtsBackgroundCourt MandateAge JurisdictionSubject Matter JurisdictionOther Specialized CourtsFamily CourtsProbate CourtsOther Specialized CourtsProblem-Solving Courts and Therapeutic JurisprudenceCHAPTER 10. COURTS OF GENERAL TRIAL JURISDICTIONCreation of State CourtsJurisdiction of State CourtsCourts of General JurisdictionState Court WorkloadsCivil Cases, Breaches of Contract, Tort Claims, Domestic RelationsCriminal CasesEstablishment of the Federal District CourtsJurisdiction of the Federal District CourtsMaritime CasesDiversity of CitizenshipU.S. Government as a PartyCase and Controversy RuleFlexibility of JurisdictionStructure of the Federal District CourtsWorkload of the Federal District CourtsCivil Rights CasesCriminal CasesBankruptcy CasesCHAPTER 11. COURTS OF APPELLATE JURISDICTIONStructure of State Appellate CourtsIntermediate Courts of AppealsCourts of Last ResortStructure of Federal Appellate CourtsUnited States Courts of AppealsThe Court of Last ResortJudges and Justices of Appellate CourtsAppellate Court Decision MakingWorkloads of Appellate CourtsAdding JudgesIntermediate Appellate CourtsPanel Decision MakingLaw Clerks and Staff AttorneysOther SolutionsThe Mechanisms for AppealThe Outcomes of AppealsV. ISSUES FACING THE COURTSCHAPTER 12. ADDRESSING THE PROBLEMS AND CRAFTING SOLUTIONSResource IssuesJudicial IndependenceBudgetsCourt JurisdictionElectionsManagement ConcernsPro Se Litigation and Access to the CourtsAlternative Dispute ResolutionNegotiationMediationArbitrationHybrid ADR OptionsRestorative Justice as a Form of ADRIssues of Gender and RaceGender Issues, Women as Victims, Women as Offenders, Women as Judges and AttorneysRace and Justice, Minorities as Defendants, Minorities as Judges and AttorneysThe Use of Scientific EvidenceWrongful ConvictionsEyewitness MisidentificationFalse ConfessionsJailhouse SnitchesMisleading Forensic ScienceProsecutorial MisconductIneffective CounselAdjudicating Non-Traditional Issues: The Case of TerrorismAPPENDIX: THE CONSTITUTION OF THE UNITED STATES AND AMENDMENTS, Glossary, Table of Cases, Index

Editorial Reviews

"This text's approach is very student friendly; it starts with an overview of the criminal justice system and then moves on to the courts and the levels of the courts. That is brilliant."—Patrick Ibe, Albany State University

"I love this approach because it makes it easy for students to read and understand often complex issues as they pertain to our court systems."—Kizzy V. Crawford-Heath, Wake Technical Community College

"This book provides an excellent overview of the U.S. courts in a manner that is appropriate for first- and second-year college students."—Lisa Kara, Blue Ridge Community College

From the Publisher