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Contents Foreword Preface Acknowledgments Introduction: Courts and Case Processing Why Study Courts? Some Definitions The Structure and Jurisdiction of U.S. Courts A Brief Historical Overview Federal Courts State Courts Other Courts Courtroom Actors Prosecutors Defense Attorneys Judges Jurors Other Actors Court Process Pretrial Adjudication Sentencing and Appeals Decision Making The Wedding Cake The Courtroom Workgroup Plea Bargaining Overview of the Book Summary Key Terms Discussion Questions Web Resources How to Read a Research Article Section I. Overview of Courts Introduction Conflict: The Wellspring of the Modern Court Why Government Courts? How Courts Make Law Stare Decisis and Precedent The Role of the Courts in Criminal Justice Adjudication Oversight Striking a Difficult Balance Due Process Crime Control The Ongoing Battle The Juvenile Court Summary Key Terms Discussion Questions Web Resources Readings The Process is the Punishment: Handling Cases in a Lower Criminal Court M. Feeley A classic study of the lower criminal courts that process the millions of defendants cited for traffic offenses and charged with minor crimes each year. Discussion Questions The Honest Politician?s Guide to Juvenile Justice in the Twenty-First Century Barry C. Feld Discusses the deficiencies of the juvenile court modeled on the doctrine of parens patiae and calls for replacing the traditional juvenile court an integrated criminal justice system that views the youth of the offender as a mitigating circumstance. Discussion Questions The Rehnquist Court and Criminal Justice: An Empircal Assessment Christopher E. Smith Examines the operation of the United States Supreme Court under the leadership of (now deceased) Justice William Renquist. Discussion Questions Section II. Prosecutors and Defense Attorneys Introduction The Adversarial System Why Adversarialism? Prosecutors and Defense Attorneys: Mortal Enemies? Prosecutors Prosecutors? Charging Decisions Factors Affecting Charging Decisions Constraints on Prosecutorial Discretion The Changing Role of the American Prosecutor: Community Prosecution Defense Attorneys Do You Get What You Pay For? Constraints on Defense Attorneys Summary Key Terms Discussion Questions Web Resources Readings Prosecutorial Justifications for Sexual Assault Case Rejection: Guarding the ?Gateway to Justice? C. D. Spohn, Beichner, and E. Davis-Frenzel Analyzes the reasons given by prosecutors for rejecting charges in sexual assault cases. Discussion Questions Modeling Prosecutors? Charging Decisions in Domestic Violence Cases John L. Worrall, Jay W. Ross, and Eric S. McCord Examines the factors that affect the decision to charge or not and the decision whether to file felony or misdemeanor charges in cases involving domestic violence. Discussion Questions Prosecutorial Discretion in Seeking Death: An Analysis of Racial Disparity in the Pretrial Stages of Case Processing in a Midwestern County Jon Sorensen and Donald H. Wallace Analyzes the decisions made by a prosecutor in homicide cases to determine if those who kill whites are more likely than those who kill blacks to be sentenced to death. Discussion Questions The Criminal Defense Lawyer: Zealous Advocate, Double Agent, or Beleaguered Dealer? Rodney J. Uphoff Examines the practices of defense attorneys in three jurisdictions, with an eye toward determining whether they fit Abraham Blumberg?s assessment of defense attorneys as ?double-agents? rather than ?zealous advocates.? Discussion Questions Indigent Defenders Get the Job Done and Done Well Roger A. Hanson and Brian J. Ostrom A description and analysis of the indigent defense systems found in nine trial courts of general jurisdiction in seven states. Discussion Questions Negotiating a Plea: Bargaining With the Devil Seymour Wishman A fascinating first-hand account of negotiating a guilty plea in a murder case. Discussion Questions Section III. Judges and Jurors Introduction Judges and Jurors: Fact Finding and Applying the Law Judges Constraints on Judges The Politics of Judicial Selection Judicial Decision-Making Diversity on the Bench Nonlawyer Judges: A Dying Breed? Jurors Issues in Jury Selection Jury Consultants: Useful? Factors Affecting Jury Decision-Making Jury Nullification Summary Key Terms Discussion Questions Web Resources Readings Women and Men Policymakers: Does the Judge?s Gender Affect the Sentencing of Criminal Defendants? D. Steffensmeier and C. Hebert Analyzes the factors that affect the sentencing decisions of male and female judges in Pennsylvania. Discussion Questions Judges and the Politics of Death: Deciding Between the Bill of Rights and the Next Election in Capital Cases Stephen B. Bright and Patrick J. Keenan Examines judges decisions in capital cases, with a focus on the pressures faced by elected judges in these types of cases. Discussion Questions Juror Decision Making in Hate Crime Cases Phyllis B. Gerstenfeld Uses a mock-jury approach to investigate whether stereotypes and prejudice encourage people, particularly whites, to characterize a crime as a hate crime when it is committed by an African American. Discussion Questions Gazing Into the Crystal Ball: Can Jurors Accurately Predict Dangerousness in Capital Cases? James W. Marquart, Sheldon Ekland-Olson, and Jonathan R. Sorensen Examines jury decisions in capital cases to determine if jurors are able to make accurate predictions of future dangerousness. Discussion Questions Racially Based Jury Nullification: Black Power in the Criminal Justice System Paul Butler Addresses the issue of jury nullification and calls for black jurors to nullify the law in some types of cases involving black offenders. Discussion Questions Section IV. Plea Bargaining and Trial Dynamics Introduction The Court Process Plea Bargaining Defining Plea Bargaining Ad Hoc Plea Bargaining Arguments for and Against Plea Bargaining Attempts to Restrict or Ban Plea Bargaining The Predictors of Plea Bargaining Decisions: Does Race Matter? Plea Bargaining Scholarship The Courtroom Workgroup: Cooperation Rather than Conflict The Courtroom Workgroup and Local Legal Culture Workgroup Circumvention of Policy Changes Media Influence in Criminal Trials Summary Key Terms Discussion Questions Web Resources Readings Prosecutorial Discretion and Plea Bargaining in the United States, France, Germany, and Italy: A Comparative Perspective Yue Ma Compares prosecutorial practices and plea bargaining decisions in the United States with those in France, Germany and Italy. Discussion Questions The Impact of Arizona?s Mandatory Drug Treatment Law on Prosecutorial Plea Bargaining in Drug Cases Vincent J. Webb and Nancy Rodriguez Assesses whether charging and plea bargaining decisions in cases involving low-level drug offenders changed following the passage of an Arizona proposition mandating drug treatment for certain types of drug offenders. Discussion Questions It?s Not the Old Ball Game: Three Strikes and the Courtroom Workgroup John C. Harris and Paul Jesilow Examines the effect of California?s Three Strikes law on the operation of the courtroom workgroup, with a focus on whether the workgroup had been able to circumvent or nullify the law. Discussion Questions Juvenile Justice Reform and the Courtroom Workgroup: Issues of Perception and Workload Erika Gebo, Nena F. Stracuzzi, and Valerie Hurst Addresses the operation of a courtroom workgroup in a juvenile justice system; the authors examine the workgroup?s adaptation to a rule mandating the use of a risk assessment instrument. Discussion Questions The Entertainment Value of a Trial: How Media Access to the Courtroom Is Changing the American Judicial Process Jeffrey S. Johnson Discusses how jurisdictions handle the question of cameras in the courtroom and examines Supreme Court decisions regarding media presence during court proceedings. Discussion Questions Section V. Sentencing Introduction The Goals of Sentencing Retribution: The ?Just Deserts? Theory of Punishment Utilitarian Justifications for Punishment The Judge?s Options at Sentencing The Death Penalty Incarceration Probation Intermediate Sanctions The Future of Intermediate Sanctions How Do Judges Decide? Modeling the Sentencing Process Crime Seriousness and Prior Criminal Record Offender Characteristics Victim Characteristics Case Processing Attributes Sentencing: An Inexact Science Summary Key Terms Discussion Questions Web Resources Readings The Brothel Boy Norval Morris Examines the philosophical justifications for punishment of the so-called ?brothel boy,? who was arrested for unintentionally killing a young girl. Discussion Questions Is Preferential Treatment of Female Offenders a Thing of the Past? A Multi-Site Study of Gender, Race, and Imprisonment Cassia Spohn and Dawn Beichner Examines whether female offenders receive more lenient sentences than male offenders and addresses the question of whether more lenient treatment is reserved for white female offenders. Discussion Questions Interactive Effects of Victim Race and Gender on Death Sentence Disparity Findings Marian R. Williams and Jefferson E. Holcomb Examines capital sentencing decisions in Ohio to determine if those who murder white females are more likely than those who murder other types of victims to be sentenced to death. Discussion Questions The Juvenile Penalty: A Comparison of Juvenile and Young Adult Sentencing Outcomes in Criminal Court Megan C. Kurlychek and Brian D. Johnson Compares the sentences imposed on juvenile offenders transferred to adult court with the sentences imposed on similarly situated young adult offenders. Discussion Questions Section VI. Specialized Courts and Other Trends in Adjudication Introduction Trendy Courts? The Specialized Court Movement Distinguishing Features Origins Drug Courts Domestic Violence Courts Other Specialized Courts Do Specialized Courts Work? The Amalgamation of Justice Restorative Justice Restorative Justice in Action Combining Restorative Justice with Shaming Summary Key Terms Discussion Questions Web Resources Readings The Baltimore City Drug Treatment Court: One-Year Results from a Randomized Study Denise C. Gottfredson and M. Lyn Exum An evaluation of a drug court program in which eligible offenders were randomly assigned either to the drug court or to traditional adjudication. Discussion Questions Combating Domestic Violence: Findings from an Evaluation of a Local Domestic Violence Court Angela R. Gover, John M. MacDonald, and Geoffrey P. Alpert An evaluation of a domestic violence court located in a rural county in South Carolina. Discussion Questions A Therapeutic Jurisprudence Approach to the Trial Process in Domestic Violence Felony Trials Carolyn Copps Hartley Focuses on the role of therapeutic jurisprudence in domestic violence felony trials and discusses how the traditional adjudication approach is not therapeutic for victims. Discussion Questions Teen Court Referral, Sentencing, and Subsequent Recidivism: Two Proportional Hazards Models and a Little Speculation Andrew Rasmussen An evaluation of a teen court, with a focus on recidivism rates of youth given various types of sentences. Discussion Questions Section VII. Beyond Conviction and Sentencing Introduction What Happens Next? Appeals The Appellate Process Timing Issues Harmless Errors Appellate Court Relationships Appellate Court Judges Habeas Corpus Origins of the Writ Process Concerns The Antiterrorism and Effective Death Penalty Act Considering Clemency Summary Key Terms Discussion Questions Web Resources Readings Appellate Court Supervision in the Federal Judiciary: A Hierarchical Perspective Susan B. Haire, Stefanie A. Lindquist, and Donald R. Songer An examination of the factors that influence appellate supervision of federal district courts. Discussion Questions Measuring the Preferences of State Supreme Court Judges Paul Brace, Laura Langer, and Melinda Gann Hall Addresses the issue of whether the political party affiliations of judges influence the decisions they hand down and develops a measure of judge preferences that can be used in a variety of court contexts. Discussion Questions The Federal Habeas Corpus Process: Unraveling the Issues Robert D. Pursley Explores the historical origins of the writ of habeas corpus, its evolution, recent efforts to limit its use in federal courts, and the major issues that it presents courts today. Discussion Questions Who Has the Body? The Paths to Habeas Corpus Reform Cary Federman Discusses the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996, and places it within a political and historical framework that describes the effort by the Supreme Court and Congress to limit inmates? access to federal courts through the writ of habeas corpus. Discussion Questions Identity, Strategy, and Feminist Politics: Clemency for Battered Women Who Kill Patricia Gagn¿ Examines Ohio Governor Richard Celeste?s decision to grant clemency to 26 women who were imprisoned for assaulting or killing abusive partners or stepfathers. Discussion Questions Glossary References Index About the Authors
Library of Congress Subject Headings for this publication:
Courts -- United States.
Justice, Administration of -- United States.