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Criminal Courts: A Contemporary Perspective 5th Revised edition [Pehme köide]

3.86/5 (30 hinnangut Goodreads-ist)
(Washington State University, USA), (Arizona State University, USA), (Washington State University, USA)
  • Formaat: Paperback / softback, 568 pages, kõrgus x laius: 231x187 mm
  • Ilmumisaeg: 14-Apr-2022
  • Kirjastus: SAGE Publications Inc
  • ISBN-10: 1071833898
  • ISBN-13: 9781071833896
Teised raamatud teemal:
Criminal Courts: A Contemporary Perspective 5th Revised editionSuurem pilt
  • Formaat: Paperback / softback, 568 pages, kõrgus x laius: 231x187 mm
  • Ilmumisaeg: 14-Apr-2022
  • Kirjastus: SAGE Publications Inc
  • ISBN-10: 1071833898
  • ISBN-13: 9781071833896
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9781071833896.html
Märksõnad:
"Written by three nationally recognized experts in the field, Criminal Courts: A Contemporary Perspective explores all conventional topics (court structure, courtroom actors, and the trial and appeals process) as well as others ground-breaking topics, such as specialty courts and comparative court systems. With coverage of the court process, structure, and relevant issues today, this engaging text provides students with an understanding of the foundational concepts, while offering a framework for analyzing the criminal courts system and the participants involved. Features and Benefits "View From the Field" features topics from the perspective of a participant in the process, from a criminal defense attorney to a U.S. District Court judge "Current Controversy" boxes provide balanced views of current issues, encouraging classroom discussion and sparking student interest "Comparative Perspective" inserts provide students with a glimpse of how courts around the world approach a topic discussed in the chapter"Current Research" boxes present current social science research and show how research can help policymakers and those in the court system evaluate and implement processes and program A "Movies and the Courts" boxed feature that engages students in examining myths about the criminal courts perpetuated by popular culture. "Key Cases" are included throughout to offer students insights into crucial rulings that have shaped the American legal system"--

A suitable text for your undergraduate criminal justice/criminology course on courts. Comprehensive and engaging, Criminal Courts: A Contemporary Perspective, supports your understanding by exploring all aspects of courts and related areas which are crucial to the criminal justice system. Written by three nationally recognized experts in the field, this text examines court structure, courtroom actors, trial and appeal process, and in addition, judicial decision making, specialized courts, and comparative court systems. 

Preface xviii
Acknowledgments xxii
About the Authors xxv
SECTION I THE PURPOSE AND STRUCTURE OF AMERICAN COURTS
1(110)
Chapter 1 Introduction: Law and the Judicial Function
3(30)
Why Study Courts?
3(1)
What Is Law?
4(1)
The Code of Hammurabi
5(1)
Two Opposing Perspectives: Consensus and Conflict
6(2)
The Consensus Perspective
6(1)
The Conflict Perspective
7(1)
What Is the Relationship of Law to Justice?
8(1)
The Rule of Law
9(2)
Justice, The Law, and Packer's Models of Criminal Justice
11(1)
Two Models of Criminal Justice
12(5)
The Crime Control Model
12(1)
The Due Process Model
13(2)
An Illustration of the Models in Action
15(1)
The Ongoing Battle
16(1)
Judicial Functions
17(1)
How Judges "Make Law"
17(1)
View From the Field
18(1)
Development of the Common Law System
18(9)
Precedent
19(1)
Comparative Courts
20(4)
Stare Decisis
24(1)
Judicial Review
25(1)
Marbury v. Madison, 1803
25(2)
The Role of Courts in the Criminal Justice System
27(2)
Adjudication
27(1)
Oversight
27(1)
Movies and the Courts
28(1)
Summary
29(1)
Discussion Questions
30(1)
Key Terms
31(1)
Internet Sites
31(2)
Chapter 2 Sources of Law
33(22)
Introduction
33(1)
Sources of Law
33(1)
Sources of Individual Rights
34(12)
The Constitution
35(1)
Comparative Courts
35(1)
The Bill of Rights
36(1)
Movies and the Courts
37(2)
Manuel v. City of Joliet, Illinois, et al. (2017)
39(6)
Due Process and the Fourteenth Amendment
45(1)
Standard of Review
46(1)
Current Research
46(1)
Incorporation of the Bill of Rights Into the Fourteenth Amendment
47(4)
View From the Field
49(1)
Total Incorporation
49(1)
Total Incorporation Plus
50(1)
Fundamental Rights
50(1)
Selective Incorporation
50(1)
Summary
51(1)
Discussion Questions
51(1)
Key Terms
52(1)
Internet Sites
52(3)
Chapter 3 Types of Law
55(28)
Introduction
55(1)
Types of Law: Criminal and Civil
55(24)
Criminal Law
56(1)
Current Controversy: Impact of Marijuana Legalization on Law Enforcement
57(8)
Current Research
65(1)
View From the Field
65(5)
Civil Law
70(1)
Comparative Courts
71(7)
Movies and the Courts
78(1)
Summary
79(1)
Discussion Questions
80(1)
Key Terms
80(1)
Internet Sites
81(2)
Chapter 4 Court Organization and Structure
83(28)
Introduction
83(1)
Jurisdiction
83(2)
The Structure and Jurisdiction of U.S. Courts
85(1)
A Brief Historical Overview
85(1)
Federal Courts
86(7)
District Courts
88(1)
Courts of Appeals
89(1)
The Supreme Court
90(1)
Supreme Court Nominations: Neil Gorsuch
91(2)
State Courts
93(4)
Courts of Limited Jurisdiction
93(1)
Courts of General Jurisdiction
94(1)
Appellate Courts
94(1)
State Supreme Courts
95(1)
View From the Field
96(1)
Court Actors
97(6)
Judge
97(1)
Judicial Selection Methods
97(1)
Rippo v. Baker, 2017
98(1)
Prosecutor
99(1)
Defense Attorney
100(2)
Movies and the Courts
102(1)
Jurors
102(1)
Other Actors
103(1)
Overview of the Criminal Process
103(6)
Pretrial Proceedings
104(1)
Pretrial Motions
105(1)
Jury Selection
105(2)
Current Research
107(1)
The Trial
107(1)
Sentencing
108(1)
Appeals
108(1)
Summary
109(1)
Discussion Questions
109(1)
Key Terms
110(1)
Internet Sites
110(1)
SECTION II COURTROOM ACTORS AND THE COURTROOM WORK GROUP
111(162)
Chapter 5 Prosecutors
113(34)
Introduction
113(1)
Historical Evolution of the American Prosecutor
114(1)
The Federal Prosecutor
114(1)
State Prosecutors
115(4)
Selection of the Local Prosecuting Attorney
115(2)
Organization and Operation of the Prosecutor's Office
117(2)
The Prosecutor's Duties
119(7)
Nonprosecutorial Duties
120(1)
Prosecutorial Duties
121(5)
To Prosecute or Not, That Is the Question
126(6)
Current Research
128(3)
Current Research
131(1)
Assistant Prosecutors at Work
132(2)
Working in the Courtroom Work Group
132(2)
The Expansion of the Prosecutor's Discretionary Power
134(1)
Prosecutorial Ethics and Misconduct
135(5)
Prosecutorial Discretion and Overreach
135(4)
The Rise of Progressive Prosecution
139(1)
Community Prosecution
140(2)
Albany, New York: Prisoner Reentry Program
141(1)
Wayne County, Michigan: Drug Property Seizure and Abandoned Properties Program
141(1)
Summary
142(1)
Discussion Questions
142(1)
Key Terms
143(1)
Internet Sites
144(3)
Chapter 6 Defense Attorneys
147(36)
Introduction
147(1)
Defense Attorney's Role in the Criminal Justice System
147(2)
Historical Development of the Right to Counsel
149(6)
Limits on the Right to Counsel
152(2)
At What Point in a Proceeding Is There a Right to an Attorney?
154(1)
Indigent Defense Systems
155(4)
Assigned Counsel Programs
155(2)
Contract Attorney Programs
157(2)
Public Defender Programs
159(1)
Caseload Limits and Compliance
159(3)
Private Versus Appointed Counsel: Which Is Better?
162(2)
Current Research
163(1)
Effective Assistance of Counsel
164(2)
Right to Self-Representation
165(1)
A Plea Bargain and Inadequate Counsel
166(1)
Measuring Competency for Self-Representation
166(3)
Right to an Attorney of One's Choosing
167(2)
Ethics and Lawyer--Client Relationships
169(6)
McCoy v. Louisiana, 2018
172(2)
Holistic Defense
174(1)
Realities of Being a Defense Attorney
175(2)
Summary
177(1)
Discussion Questions
178(1)
Key Terms
179(1)
Internet Sites
179(4)
Chapter 7 Judges
183(28)
Introduction
183(1)
Roles and Duties of Judges
183(7)
Prearrest Judicial Roles
184(1)
Postarrest/Pretrial Roles
185(1)
Judicial Roles at Trial
186(2)
Judicial Roles Posttrial
188(1)
Current Research
189(1)
Administrative Duties
189(1)
View From the Field
190(1)
Judicial Selection
190(12)
Federal Judicial Selection
191(1)
State Judicial Selection
192(4)
Capeton v. A. T. Massey Coal Co., 2009
196(3)
Diversity on the Bench
199(3)
Current Research
202(1)
Judicial Socialization and Development
202(2)
Judicial Accountability and Judicial Independence
204(1)
Comparative Courts
205(1)
Judicial Performance Evaluations
205(1)
Accountability for Judicial Misconduct
206(1)
Summary
207(1)
Discussion Questions
208(1)
Key Terms
208(1)
Internet Sites
209(2)
Chapter 8 Criminal Defendants and Crime Victims
211(32)
Introduction
211(1)
Criminal Defendants
211(18)
Defendants in Court
212(1)
Defendant Characteristics
212(2)
Defendant Rights Prior to Prosecution: The Exclusionary Rule
214(2)
Defendant Rights in the Court Process
216(5)
Ake v. Oklahoma (1985) and McWilliams v. Dunn (2016)
221(6)
Hearsay and the Right of Confrontation
227(2)
Victims and the Criminal Courts
229(11)
Challenges Faced by Crime Victims
229(2)
The Rise of the Victims' Rights Movement
231(1)
Victims' Rights vs. Defendants' Rights
231(7)
Immigrants as Crime Victims
238(1)
Victims' Advocates Offices
239(1)
Current Research
240(1)
Summary
240(1)
Discussion Questions
240(1)
Key Terms
241(1)
Internet Sites
241(2)
Chapter 9 The Jury
243(30)
Introduction
243(1)
History of Jury Trials
244(2)
The Role of the Jury
246(1)
Limits on the Right to Trial by Jury
247(1)
Jury Size and Unanimity Requirements
248(3)
Jury Size
249(1)
Unanimous Verdicts
250(1)
The Selection of Jurors
251(13)
Addressing the Lack of Juror Diversity
251(2)
Stage 1 Developing a Master Jury List
253(3)
Juror Shortage and Failure to Report
256(1)
Stage 2 From Venire to Jury Panel
257(1)
The Use of Anonymous Juries
257(2)
Stage 3 Voir Dire
259(1)
Challenges for Cause and Peremptory Challenges
260(1)
Pena-Rodriguez v. Colorado (2017)
261(3)
Reforms to the Jury System
264(3)
Allowing Jurors to Take Notes
264(1)
Allowing Jurors to Question Witnesses
264(1)
Providing Written Copies of Instructions for Each Juror
265(1)
Providing Jurors With a Trial Notebook
265(1)
Current Research
266(1)
Jury Nullification
267(2)
Summary
269(1)
Discussion Questions
270(1)
Key Terms
270(1)
Internet Sites
271(2)
SECTION III COURT PROCESSES
273(184)
Chapter 10 Pretrial Procedures
275(32)
Introduction
275(1)
Arrest
275(1)
Booking
276(1)
The Charging Decision
276(7)
Charging Policies and Practices in Sexual Assault Cases: A Focus on Los Angeles
278(1)
Factors Affecting Prosecutors' Charging Decisions
279(2)
Constraints on Prosecutorial Discretion
281(2)
Information
283(1)
Indictment
283(2)
Grand Juries Refuse to Indict Officers in Michael Brown and Breonna Taylor Cases
284(1)
Initial Appearance
285(2)
Bail
285(1)
Current Research
286(1)
Arraignment
287(1)
Discovery
287(1)
Pretrial Motions
288(4)
View From the Field
292(1)
Plea Bargaining
292(12)
Defining Plea Bargaining
294(2)
Ad Hoc Plea Bargaining
296(1)
Arguments for and Against Plea Bargaining
297(2)
Attempts to Restrict or Ban Plea Bargaining
299(2)
The Predictors of Plea Bargaining Decisions: Does Race Matter?
301(2)
Comparative Courts
303(1)
Summary
304(1)
Discussion Questions
304(1)
Key Terms
305(1)
Internet Sites
305(2)
Chapter 11 The Criminal Trial
307(38)
Introduction
307(1)
Opening Statements
308(2)
The Presentation of Evidence
310(3)
South Carolina v. Arnold, Opinion No. 25892 (2004)
311(1)
The Lawyer Who Asked One Question Too Many
312(1)
Calling Witnesses
313(3)
Privileged Communications
314(1)
Privilege Against Self-incrimination
314(2)
Evidence and Rules of Evidence
316(5)
Types of Evidence
316(1)
Rules of Evidence
317(1)
Current Research
318(1)
Objecting to Introduction of Evidence or Questions Asked
319(1)
Restricting the Introduction of Evidence: Rape Shield Laws
320(1)
Closing Arguments
321(3)
Sowing Seeds of Reasonable Doubt in the Minds of the Jurors
321(1)
Playing the "Race Card" in a Criminal Trial
322(2)
Instructing the Jury
324(2)
Examples of Standard Jury Instructions: State of Florida
325(1)
Lesser Included Crimes
326(1)
Jury Deliberations and Verdict
326(3)
The Verdict: Guilty or Not Guilty?
327(2)
Wrongful Conviction and Exoneration of the Innocent
329(7)
Rape, Race, and Misidentification
331(1)
Current Research
332(1)
Requirement of Unanimity
333(1)
Jury Nullification
334(1)
Race-Conscious Jury Nullification
335(1)
Randall Kennedy's Critique
336(4)
Hung Juries
337(1)
Comparative Courts
338(1)
Announcing the Verdict
339(1)
Movies and the Courts
340(1)
Summary
340(1)
Discussion Questions
341(1)
Key Terms
342(1)
Internet Sites
342(3)
Chapter 12 Sentencing
345(46)
Introduction
345(1)
The Goals of Sentencing
345(9)
Why Punish?
346(3)
How Much to Punish?
349(1)
How Much Should We Punish Those Who Violate the Law?
349(1)
Retribution
349(1)
Deterrence
350(1)
Incapacitation
350(1)
Rehabilitation
350(3)
Justifying the Punishment
353(1)
The Judge's Options at Sentencing
354(20)
The Death Penalty
354(4)
Life and Life Without Parole Sentences
358(3)
Incarceration
361(1)
Sentencing Systems in State and Federal Jurisdictions
362(4)
Probation
366(1)
Comparative Courts
367(1)
Intermediate Sanctions
368(2)
The Future of Intermediate Sanctions
370(2)
Current Controversy: The U.S. Supreme Court and Sentencing
372(2)
How Do Judges Decide? Modeling the Sentencing Process
374(11)
Modeling the Sentencing Process
374(1)
View From the Field
375(4)
Current Research
379(5)
Movies and the Courts
384(1)
Summary
385(2)
Discussion Questions
387(1)
Key Terms
388(1)
Internet Sites
388(3)
Chapter 13 The Appellate Process
391(34)
Introduction
391(1)
Appealing to a Higher Court
391(9)
Pre- and Postadjudication Appeals
392(2)
The Appellate Court's Options
394(3)
Appealing the Sentence
397(1)
Wrongful Conviction Issue: Wrongful Conviction, DNA Evidence, and the Innocence Protection Act of 2004
398(2)
The Appellate Courts
400(7)
State Appellate Courts
400(2)
Federal Appellate Courts
402(2)
Gideon v. Wainwright (1963)
404(2)
Comparative Courts
406(1)
The "Right" to Appeal
407(3)
Warren McClesky's Odyssey Through the Appellate Courts
408(1)
Protections Afforded to Appellants
409(1)
The Writ of Habeas Corpus
410(6)
The Origins of Habeas Corpus
410(1)
Postconviction Review Through Habeas Corpus
411(1)
Expanding and Restricting Habeas Corpus
411(2)
The Federal Courts and "Frivolous" Appeals
413(2)
Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)
415(1)
How Do Appellate Courts Decide?
416(3)
Current Research
417(2)
Oral Arguments Before the Supreme Court
419(2)
Summary
421(1)
Discussion Questions
422(1)
Key Terms
423(1)
Internet Sites
423(2)
Chapter 14 Specialized Courts
425(32)
Introduction
425(1)
California Voters Approve Proposition 47
426(1)
Problem-Solving Courts
426(6)
Origins of Problem-Solving Courts
426(2)
Distinguishing Features of Problem-Solving Courts
428(2)
Restorative Justice and Problem-Solving Courts
430(2)
Drug Treatment Courts
432(5)
View From the Field
432(1)
Key Elements of Drug Courts
433(1)
Do Drug Courts Work?
433(1)
Measuring the Performance of Drug Treatment Courts
434(3)
Current Research
437(1)
Domestic Violence Courts
437(5)
New York Judge Judith S. Kaye on the Need for Domestic Violence Courts
438(1)
Comparative Courts
439(1)
Domestic Violence Courts: Victim Safety and Offender Accountability
439(2)
Do Domestic Violence Courts Work?
441(1)
Other Problem-Solving Courts
442(3)
Juvenile Courts
445(8)
Jurisdiction and Operation of the Juvenile Court
446(3)
Transfer of Juveniles to Criminal Court
449(3)
Prosecuting Children as Adults
452(1)
Summary
453(1)
Discussion Questions
454(1)
Key Terms
455(1)
Internet Sites
455(2)
Glossary 457(15)
References and Suggested Reading 472(18)
Case Index 490(3)
General Index 493
Craig Hemmens is a professor in the Department of Criminal Justice and Criminology at Washington State University. He holds a JD from North Carolina Central University School of Law and a PhD in criminal justice from Sam Houston State University. Professor Hemmens has published 20 books and more than 200 articles, many dealing with legal issues in criminal justice. He currently serves as editor of the Criminal Law Bulletin and previously served as the editor of the Journal of Criminal Justice Education and as president of the Academy of Criminal Justice Sciences. His current research interests include criminal law and procedure.

David C. Brody is a professor in the Department of Criminal Justice and Criminology at Washington State University. He received a JD from the University of Arizona College of Law and a PhD in criminal justice from the State University of New York at Albany. He is the author of casebooks on criminal law and criminal procedure, as well as scholarly articles that have been published in such journals as the American Criminal Law Review, Crime and Delinquency, Justice System Journal, and Judicature. His current research focuses on the selection and evaluation of judges, jury reform, and the interaction between law, politics, and criminal justice policy.

  Cassia Spohn is School Director and Foundation Professor of Criminal Justice at Arizona State University. She is the author of several books, including The Color of Justice: Race, Ethnicity, and Crime in America (with Sam Walker and Miriam DeLone) and How Do Judges Decide? The Search for Fairness and Equity in Sentencing. She has published a number of articles examining prosecutors charging decisions in sexual assault cases and exploring the effect of race/ethnicity on charging and sentencing decisions. Her current research interests include the effect of race and gender on court processing decisions, victim characteristics and case outcomes in sexual assault cases, judicial decision making, sentencing of drug offenders, and the deterrent effect of imprisonment. In 1999, she was awarded the University of Nebraska Outstanding Research and Creative Activity Award.