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Courts and Criminal Justice in America 3rd edition [Mīkstie vāki]

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  • Formāts: Paperback / softback, 528 pages, height x width x depth: 274x216x25 mm, weight: 900 g
  • Izdošanas datums: 07-Jun-2017
  • Izdevniecība: Pearson
  • ISBN-10: 0134526694
  • ISBN-13: 9780134526690
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  • Formāts: Paperback / softback, 528 pages, height x width x depth: 274x216x25 mm, weight: 900 g
  • Izdošanas datums: 07-Jun-2017
  • Izdevniecība: Pearson
  • ISBN-10: 0134526694
  • ISBN-13: 9780134526690
Citas grāmatas par šo tēmu:

This comprehensive text offers a balanced presentation with a modern approach to the court system in America.

 

Courts and Criminal Justice in America,3/e, is the collaboration of the most popular criminal justice authors of the century. Featuring a balanced and modern presentation, this book not only looks at the basic structure of the court system and court process, but also covers the recent trends and controversial issues facing courts today. This student-friendly text does not presuppose any knowledge about the courts or how they operate. Highlighted, controversial cases illustrate the tremendous power that the court system has to regulate citizens' lives, to shape what is acceptable and what is forbidden, and to ensure that criminal justice policy balances both rights and liberties. This respected author team delivers the most comprehensive introduction to America's courts on the market today.

 

Teaching and Learning Experience

 

The book gives a comprehensive look at the courts, their personnel and the context in which they operate. It provides:

  • A balanced presentation: Includes all sides of the most controversial issues facing courts today
  • Modern approach: Covers a wide range of topics and recent trends in the field that stir controversy and enliven discussion as they relate to the courts
  • Comprehensive, up-to-date coverage: Timely, extensive coverage presupposes no prior knowledge
  • Strong pedagogical features: Gives students the tools to master key concepts faster and more effectively
Preface xi
Acknowledgments xiv
About the Authors xvi
Part I Foundations
Chapter 1 Legal Foundations
1(29)
Introduction
2(1)
Courts and Their Importance
2(3)
What Is a Court?
2(1)
Courts in American Government
3(2)
Legal Basis for the Courts
5(5)
Early Legal Codes
6(1)
Common Law and Precedent
6(2)
Other Sources of Law
8(1)
Role of the Courts
9(1)
Guiding Legal Principles
10(6)
Presumptions
10(1)
Constitutional Rights
11(4)
Adversarial System
15(1)
Types of Disputes
16(9)
Civil Law and Procedure
17(4)
Courts In The News: Texas Sues The United States To Block Syrian Refugees
19(2)
Criminal Law
21(11)
Courts In The News: The Jodi Arias Murder Trial
24(1)
Summary
25(2)
What Will You Do?
27(3)
Chapter 2 Who Controls the Courts?
30(23)
Introduction
31(1)
Legislative Control
32(6)
Jurisdiction
32(2)
Types of Direct Controls
34(2)
Indirect Controls
36(2)
Courts In The News: Tan Yong And Li Yan: Domestic Violence And The Chinese Court System
37(1)
Executive Control
38(1)
Executive Appointment Process for the Judiciary
38(1)
Executive Presence in the Courts
38(1)
Reshaping the Judiciary?
38(1)
Control from Above
39(2)
Jurisdictional Authority
39(1)
Rule Setting
39(1)
Interpretation of Higher-Court Decisions
39(2)
Other Forms of Control over the Courts
41(7)
Voter Behavior
41(1)
Public Participation
42(1)
Interest Group Formation
42(2)
The Legal Profession
44(2)
Think Tanks
46(1)
Judicial Restraint and Activism
46(1)
The Courtroom Work Group
47(1)
Summary
48(2)
What Will You Do?
50(3)
Part II Types Of Courts
Chapter 3 Federal Courts
53(28)
Introduction
54(1)
Brief History of the Federal Courts
54(4)
U.S. Constitution and the Courts
54(1)
Landmark Legislation
55(3)
Structure of the Federal Courts
58(11)
U.S. District Courts
58(2)
Appellate Courts
60(4)
Courts In The News: Equal Protection In Sentencing: The Case Of Crack Cocaine
63(1)
U.S. Supreme Court
64(5)
Lasting Impact: District Of Columbia, Et Al. V. Dick Anthony Heller (2008)
68(1)
Other Federal Courts
69(4)
Other Article III Courts
69(1)
Article I Tribunals
70(3)
Federal Judicial Administration and Caseloads
73(3)
Administrative Levels
73(1)
Caseloads
74(2)
Summary
76(2)
What Will You Do?
78(3)
Chapter 4 State Courts
81(26)
Introduction
82(1)
History of State Courts
82(6)
Colonial Period
82(1)
Early State Courts
83(1)
Contemporary State Courts
84(4)
State Court Structure
88(5)
Limited Jurisdiction Courts
88(1)
General Jurisdiction Courts
89(1)
Intermediate Appellate Courts
90(1)
State Supreme Courts
90(3)
Courts In The News: New York State Courts Examined
91(2)
State Court Workloads
93(5)
Caseload Statistics
93(2)
Dispositions
95(3)
Lasting Impact: Ewing V. California (2003)
96(2)
State Court Administration
98(1)
Administrative Office of the Courts
98(1)
Management of the Workload
98(1)
Recent Developments
99(3)
Budget Cuts
100(1)
Time Constraints
100(1)
Public Support and Political Problems
100(2)
Summary
102(2)
What Will You Do?
104(3)
Chapter 5 Juvenile Courts
107(32)
Introduction
108(1)
History of Juvenile Justice
109(9)
Poor Laws
109(1)
Chancery Courts
110(1)
Creation of American Juvenile Justice
110(8)
Lasting Impact: In Re Gault
116(2)
Juvenile Courts Today: Priorities, Organization, and Process
118(10)
Priorities
118(2)
Lasting Impact: Roper V. Simmons
119(1)
Organization
120(2)
Process
122(6)
Courts In The News: Cyberbullying
123(4)
Courts In The News: The Steubenville Rape Case
127(1)
Treatment of Juveniles as Adults
128(2)
Legislative Exclusion
128(1)
Waivers
128(2)
Concurrent Jurisdiction
130(1)
Changing Landscape of Juvenile Justice
130(2)
Increased Sanctions
130(1)
More Accountability
130(1)
Less Privacy
131(1)
Summary
132(3)
What Will You Do?
135(4)
Chapter 6 Specialized Courts
139(28)
Introduction
140(1)
Origins and Distinguishing Features of Specialized Courts
140(7)
Origins and Historical Milestones
141(1)
Distinguishing Features
142(5)
Courts In The News: Newark Youth Court
144(3)
Varieties of Specialized Courts
147(10)
Drug Courts
147(2)
Domestic-Violence Courts
149(2)
Community Courts
151(1)
Gun Courts
152(1)
Sex Offense Courts
153(1)
Homeless Courts
154(1)
Mental Health Courts
155(1)
Reentry Courts
156(1)
Threats to and Keys to Success for Specialized Courts
157(4)
Possible Threats
157(3)
Courts In The News: Special Veterans' Courts: Brooklyn's Treatment Program
158(2)
Keys to Success
160(1)
Summary
161(2)
What Will You Do?
163(4)
Part III The People Involved
Chapter 7 Judges
167(33)
Introduction
168(1)
The Judicial Role and Functions
168(10)
Federal Judges
169(1)
Backgrounds
169(3)
Courts In The News: Judicial Impartiality
170(2)
Qualifications
172(1)
Appointment Process
173(1)
Compensation
174(1)
Judicial Career Stages
175(3)
State Judges
178(6)
Types and Qualifications
178(1)
Selection Process
179(1)
Merit Selection
180(1)
Appointment Methods and Diversity on the Bench
181(1)
Compensation
181(2)
Retention
183(1)
Retirement and Removal
183(1)
Judicial Ethics
184(3)
Professional Associations
184(1)
State Commissions
184(1)
Complaints about Judicial Conduct
185(1)
Judicial Ethical Dilemmas
186(1)
What Makes a Good Judge?
186(1)
Judicial Decision Making
187(3)
Personal Ideology and Attitudes
187(1)
Election Considerations
187(1)
Courts In The News: Judicial Misconduct
188(1)
Public Opinion
188(1)
Strategic Considerations
189(1)
Consensus Seeking
190(1)
Laws
190(1)
Limits on Judicial Decisions
190(3)
Importance of Impartiality
190(1)
Decisions Limited to Actual Controversies
191(1)
No Involvement with Political Questions
192(1)
Laws Overturned on Narrow Grounds
192(1)
No Rulings on the Wisdom of Legislation
192(1)
Summary
193(3)
What Will You Do?
196(4)
Chapter 8 Prosecutors
200(32)
Introduction
201(1)
Types of Prosecutors
201(5)
Federal Level
202(2)
State Level
204(1)
County Level
205(1)
City Level
205(1)
Prosecution Throughout History
206(6)
Choices Shaping American Prosecution
206(1)
Increased Prominence
207(1)
Progressive Era
208(1)
Discovery of Discretion
209(1)
New Prosecution Paradigm
209(3)
Lasting Impact: The Duke Rape Case: North Carolina State Bar V. Michael B. Nifong (2007)
210(2)
Charging Decisions
212(4)
Prosecutorial Discretion
212(2)
Alternatives to Traditional Prosecution
214(2)
Protections for Prosecutors
216(1)
Absolute Immunity
216(1)
Qualified Immunity
217(1)
Ethics
217(3)
Rules of Professional Conduct
217(2)
Courts In The News: Prosecutorial Misconduct
218(1)
Key Ethical Dilemmas for Prosecutors
219(1)
Prosecutors on The Job
220(4)
Office Structure and Organization
220(1)
Contrasting Goals and Styles
220(3)
Retention and Pay
223(1)
Threats and Violence against Prosecutors
224(1)
Summary
224(3)
What Will You Do?
227(5)
Chapter 9 Defense Attorneys
232(26)
Introduction
233(1)
The Function of Defense Attorneys
233(2)
Lasting Impact: McDonald V. Chicago: The Right To Bear Arms
234(1)
History of Criminal Defense
235(1)
Growth of the Criminal Defense Bar
235(1)
Criminal Defense Bar Today
236(1)
Types of Defense Attorneys
236(5)
Privately Retained Counsel
236(2)
Indigent Defense Systems
238(3)
Defense Attorneys on the Job
241(3)
Craft of Defense Attorneys
241(2)
Courts In The News: Does Your Lawyer Make A Difference?
242(1)
Insider Justice
243(1)
Myth of the Zealous Advocate
243(1)
Defense Attorneys, Their Clients, and the Public
244(4)
Defense Attorneys' Perceptions of Their Clients
245(1)
Defendants' Perceptions of Their Attorneys
245(1)
Public Perceptions of Defense Attorneys
246(1)
Defense Attorneys' Satisfaction with Their Work
247(1)
Defense Ethics
248(3)
Ethical Dilemmas for the Defense
248(1)
Professional Organizations
248(1)
Codes of Ethics and Conduct
249(1)
Death-Row Volunteering
250(1)
Summary
251(3)
What Will You Do?
254(4)
Chapter 10 Defendants and Victims: Their Roles and Rights
258(32)
Introduction
259(1)
Defendant Characteristics
259(2)
Criminal Defendants' Rights
261(13)
Right to Counsel
261(6)
Lasting Impact: Gideon V. Wainwright (1963)
264(3)
Right to Confrontation
267(5)
Courts In The News: Mental Incompetency Rulings: A Growing Problem For U.S. Courts
271(1)
Right to Compulsory Process
272(2)
The Defendant's Marginal Role
274(1)
Victim Characteristics
274(3)
Victim-Offender Relationships
275(1)
Victim Attitudes and Images
275(2)
Victim Involvement in the Court Process
277(8)
The Movement to Get Victims Involved
277(2)
Lasting Impact: Payne V. Tennessee (1991)
278(1)
Victims' Assistance
279(2)
Courts In The News: Helping Victims Who Cannot Help Themselves
280(1)
Victims' Rights
281(4)
Summary
285(2)
What Will You Do?
287(3)
Part IV The Court Process
Chapter 11 Pretrial Procedures
290(33)
Introduction
291(1)
Arrest and Probable Cause
291(12)
Warrantless Arrests
292(3)
Courts In The News: Arresting A Rapist
293(2)
Exclusionary Rule
295(1)
Fruit of the Poisonous Tree
296(2)
Courts In The News: Interrogating The Boston Marathon Bomber
297(1)
Arguments for and against the Exclusionary Rule
298(3)
Lasting Impact: Mapp V. Ohio (1961)
298(3)
Exceptions to the Exclusionary Rule
301(2)
Initial Appearance
303(1)
Pretrial Release
303(5)
Pretrial Release Hearing
303(1)
Mechanisms for Release (or Continued Detention)
304(2)
Bail Decision Making
306(2)
Charging the Offender
308(4)
Charging in Grand Jury Jurisdictions
308(2)
Preliminary Hearing
310(1)
Double Jeopardy
311(1)
Arraignment
312(1)
Discovery
312(3)
Forms of Discovery
313(2)
Summary
315(4)
What Will You Do?
319(4)
Chapter 12 Plea Bargaining and Guilty Pleas
323(29)
Introduction
324(1)
Plea Bargaining
325(8)
Definition of Plea Bargaining
325(2)
Courts In The News: Stephen Parks And His Coat Tax Scheme
326(1)
History and Rise of Plea Bargaining
327(1)
Arguments for and against Plea Bargaining
328(3)
Courts In The News: Linda Weston And The Basement Of Horrors Case
329(2)
Attempts to Restrict Plea Bargaining
331(1)
Supreme Court's View on Plea Bargaining
332(1)
The Plea Bargaining Process
333(8)
Constitutional Rights during Plea Bargaining
333(2)
Lasting Impact: Santobello V. New York (1971)
335(1)
Acceptable Inducements
335(2)
Questionable Inducements
337(1)
Judicial and Statutory Inducements
337(1)
Steps Following a Plea Agreement
338(3)
Factors Affecting Plea Agreements
341(1)
Guilty Pleas
341(6)
Elements of a Valid Guilty Plea
341(4)
Contesting a Guilty Plea
345(2)
Summary
347(2)
What Will You Do?
349(3)
Chapter 13 The Jury and the Trial
352(34)
Introduction
353(1)
The Jury
353(2)
History of the Jury Trial
354(1)
Jury Process
355(7)
Situations When the Right to a Jury Trial Applies
355(1)
Waiving of the Right to a Jury Trial
356(1)
Selection of Impartial Jurors
356(6)
Jury Consultants: Useful?
362(1)
Jury Decision Making
362(5)
Jury Size and Voting Requirements
362(2)
Courts In The News: Jury Convicts CEO
363(1)
Factors Affecting Jurors' Decisions
364(1)
Jury Nullification and Vilification
365(1)
Do Jurors Tell the Truth?
366(1)
Time for Professional Jurors?
366(1)
The Trial
367(1)
Speedy Trial
367(3)
Courts In The News: For Some, Serving On A Jury Can Be Traumatic
368(1)
Problem of Delays
369(1)
Public Trial
370(3)
Closing Trials
371(1)
Alternatives to Trial Closure
372(1)
The Trial Process
373(6)
Opening Statements
374(1)
Prosecutor's Evidence
374(1)
Cross-Examination
375(1)
Defense Response
376(1)
Final Motions and Closing Arguments
376(1)
Juror Deliberations
377(1)
Verdict
377(1)
Postverdict Motions
377(2)
Summary
379(2)
What Will You Do?
381(5)
Chapter 14 Sentencing, Appeals, and Habeas Corpus
386(32)
Introduction
387(1)
After Trial
388(1)
Goals of Sentencing
389(1)
Rehabilitation
390(1)
Retribution
390(1)
Incapacitation
390(1)
Deterrence
390(1)
Types of Sentences
390(11)
Monetary Penalties
391(1)
Probation
391(2)
Intermediate Sanctions
393(1)
Shaming
393(1)
Forfeiture
394(1)
Prison Sentences
395(4)
Courts In The News: Life Sentences For Juveniles
396(2)
Lasting Impact: Furman V. Georgia
398(1)
Lasting Impact: Gregg V. Georgia
399(1)
Death Penalty
399(2)
Determination of the Appropriate Sentence
401(1)
Constitutional Rights during Sentencing
401(1)
Appeals
402(7)
Types of Appeals
402(1)
Consequences of Appeals
402(1)
Appellate Process
403(6)
Habeas Corpus
409(3)
Is Habeas Corpus Important?
409(1)
Limitations on Habeas Corpus
410(1)
Antiterrorism and Effective Death Penalty Act of 1996
411(1)
Summary
412(3)
What Will You Do?
415(3)
Part V Current Issues And The Future Of Courts
Chapter 15 Differential Treatment and Wrongful Convictions
418(32)
Introduction
419(1)
Differential Treatment
420(2)
Offense Seriousness
420(1)
Notoriety
420(1)
Attorney Competence
421(1)
Gender Differences
421(1)
Race/Ethnicity
421(1)
Research on Race, Ethnicity, and Case Processing
422(12)
Police-Citizen Encounters
423(1)
Pretrial Period
423(3)
Lasting Impact: Terry V. Ohio (1968)
425(1)
Trial
426(2)
Lasting Impact: Chicago V. Morales (1999)
427(1)
Sentencing
428(2)
Imprisonment and Corrections
430(2)
Capital Punishment
432(2)
Gender Discrimination
434(1)
Is Gender Discrimination a Problem?
434(1)
The Rush to Judgment: Wrongful Convictions
435(7)
Innocence Movement
436(2)
Exonerations
438(13)
Courts In The News: Wrongful Convictions
439(2)
Courts In The News: Reduce Wrongful Convictions? Modernize The Trial
441(1)
Summary
442(2)
What Will You Do?
444(6)
Chapter 16 Technology, Alternatives, and the Future
450(29)
Introduction
451(1)
Technology in the Courts
451(4)
Wired Courts
452(2)
Uses for Technology
454(1)
Demonstration Projects
455(1)
Alternatives to Traditional Adjudication
455(7)
Courts In The News: Improving Courtroom Security With Technology
456(1)
Alternative Dispute Resolution
457(1)
Restorative Justice
458(4)
Courtrooms of the Future
462(3)
Redefinition of Courts and Roles
463(1)
Withering of the Juvenile Justice System?
464(1)
Customer Service
464(1)
Lasting Impact: Daubert Et Al. V. Merrell Dow Pharmaceuticals, Inc. (1993)
465(1)
Emerging Problems and Pressing Issues
465(6)
Human Trafficking
466(1)
Elder Abuse and Neglect
467(2)
Identity Theft
469(1)
Immigration
469(2)
Summary
471(2)
What Will You Do?
473(6)
Glossary 479(17)
Table of Cases 496(4)
Name Index 500(5)
Subject Index 505
Larry J. Siegel was born in the Bronx and graduated from Christopher Columbus High School in 1964. After attending City College of New York in the 1960s, he pursued his interest in social forces and human behavior when he became a member of the first class of the newly created graduate program in criminal justice at the State University of New York at Albany. After earning his M.A. and Ph.D., Dr. Siegel began his teaching career at Northeastern University; he also held teaching positions at the University of Nebraska, Omaha, and Saint Anselm College in New Hampshire. He currently is a professor emeritus at the School of Criminology and Justice Studies at the University of Massachusetts, Lowell where he had taught for 27 years. Professor Siegel has published books on juvenile law, delinquency, criminology, and criminal procedure. The father of four, grandfather of three, Larry and his wife, Terry, reside in Naples, Florida, with their two cockapoos, Watson and Cody.







Frank Schmalleger is Distinguished Professor Emeritus at the University of North Carolina at Pembroke. He holds degrees from the University of Notre Dame and The Ohio State University, having earned both a masters (1970) and a doctorate (1974) in sociology (with a special emphasis in criminology) from The Ohio State University. From 1976 to 1994, Dr. Schmalleger taught criminology and criminal justice courses at the University of North Carolina at Pembroke; for the last 16 of those years, he chaired the universitys Department of Sociology, Social Work, and Criminal Justice. The university named him Distinguished Professor in 1991.







Dr. Schmalleger has taught in the online graduate program of the New School for Social Research, helping to build the worlds first electronic classrooms in support of distance learning through computer telecommunications. As an adjunct professor with Webster University in St. Louis, Missouri, he helped develop the universitys graduate program in security administration and loss prevention and taught courses in that curriculum for more than a decade. An avid Web user and website builder, Professor Schmalleger is also the creator of a number of award-winning websites.







Dr. Schmalleger is the author of numerous articles and more than 30 books, including the widely used Criminal Justice Today (Pearson, 2014), Criminal Justice: A Brief Introduction (Pearson 2013), Criminology Today (Pearson, 2014), and Criminal Law Today (Pearsonl, 2013).

Professor Schmalleger is the founding editor of the journal Criminal Justice Studies. He has also served as editor for the Prentice Hall series Criminal Justice in the Twenty-First Century and as imprint adviser for Greenwood Publishing Groups criminal justice reference series.







Dr. Schmallegers philosophy of both teaching and writing can be summed up in these words: In order to communicate knowledge, we must first catch, then hold, a persons interestbe it student, colleague, or policy maker. Our writing, our speaking, and our teaching must be relevant to the problems facing people today, and they must in some way help solve those problems. Follow the authors tweets @schmalleger.







John L. Worrall is a professor of criminology at the University of Texas at Dallas. A Seattle native, he received a B.A. (with a double major in psychology as well as law and justice) from Central Washington University in 1994. Both his M.A. (criminal justice) and Ph.D. (political science) were received from Washington State University, where he graduated in 1999. From 1999 to 2006, Professor Worrall was a member of the criminal justice faculty at California State University, San Bernardino. He moved to Texas in the fall of 2006.







Dr. Worrall has published articles and book chapters on a wide variety of topics ranging from legal issues in policing to community prosecution. He is also the author of several textbooks, including Crime Control in America: What Works? (3rd ed., Pearson, 2015) and Criminal Procedure: From First Contact to Appeal (5th ed., Pearson, 2015). He is also editor of the journal, Police Quarterly.