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Criminal Courts
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Criminal Courts
A Contemporary Perspective

Sixth Edition


March 2026 | SAGE Publications, Inc

 
Preface
 
Acknowledgments
 
About the Authors
 
Section I: The Purpose and Structure of American Courts
 
Chapter 1: Introduction: Law and the Judicial Function
Why Study Courts?

 
What is Law?

 
The Code of Hammurabi

 
Two Opposing Perspectives: Consensus and Conflict

 
What is The Relationship of Law to Justice?

 
The Rule of Law

 
Justice, The Law, and Packer’s Models of Criminal Justice

 
Two Models of Criminal Justice

 
Judicial Functions

 
How Judges “Make Law”

 
Development of the Common Law System

 
The Role of Courts in The Criminal Justice System

 
Summary

 
Discussion Questions

 
Key Terms

 
 
Chapter 2: Sources of Law
Sources of Law

 
Sources of Individual Rights

 
Standard of Review

 
Incorporation of The Bill of Rights Into the Fourteenth Amendment

 
Summary

 
Discussion Questions

 
Key Terms

 
 
Chapter 3: Types of Law
Types of Law: Criminal and Civil

 
Summary

 
Discussion Questions

 
Key Terms

 
 
Chapter 4: Court Organization and Structure
Jurisdiction

 
The Structure and Jurisdiction of U.S. Courts

 
A Brief Historical Overview

 
Federal Courts

 
State Courts

 
Court Actors

 
Overview of the Criminal Process

 
Summary

 
Discussion Questions

 
Key Terms

 
 
Section II: Courtroom Actors and The Courtroom Work Group
 
Chapter 5: Prosecutors
Historical Evolution of the American Prosecutor

 
The Federal Prosecutor

 
State Prosecutors

 
The Prosecutor’s Duties

 
To Prosecute or Not, That is the Question

 
Assistant Prosecutors at Work

 
The Expansion of The Prosecutor’s Discretionary Power

 
Prosecutorial Ethics and Misconduct

 
Community Prosecution

 
Summary

 
Discussion Questions

 
Key Terms

 
 
Chapter 6: Defense Attorneys
Defense Attorney’s Role in the Criminal Justice System

 
Historical Development of The Right to Counsel

 
Indigent Defense Systems

 
Caseload Limits and Compliance

 
ABA Principles on Public Defense Systems

 
Private Versus Appointed Counsel: Which is Better?

 
Effective Assistance of Counsel

 
A Plea Bargain and Inadequate Counsel

 
Measuring Competency for Self-Representation

 
Ethics and Lawyer–Client Relationships

 
Realities of Being a Defense Attorney

 
Summary

 
Discussion Questions

 
Key Terms

 
 
Chapter 7: Judges
Roles and Duties of Judges

 
Judicial Selection

 
Judicial Socialization and Development

 
Judicial Accountability and Judicial Independence

 
Judicial Performance Evaluations

 
Accountability for Judicial Misconduct

 
Summary

 
Discussion Questions

 
Key Terms

 
 
Chapter 8: Criminal Defendants and Crime Victims
Criminal Defendants

 
Victims and the Criminal Courts

 
Summary

 
Discussion Questions

 
Key Terms

 
 
Chapter 9: The Jury
History of Jury Trials

 
The Role of the Jury

 
Limits on the Right to Trial by Jury

 
Jury Size and Unanimity Requirements

 
The Selection of Jurors

 
Reforms to the Jury System

 
Jury Nullification

 
Summary

 
Discussion Questions

 
Key Terms

 
 
Section III: Court Processes
 
Chapter 10: Pretrial Procedures
Arrest and Booking

 
The Charging Decision

 
Information

 
Indictment

 
Initial Appearance

 
Arraignment

 
Discovery

 
Pretrial Motions

 
Plea Bargaining

 
Summary

 
Discussion Questions

 
Key Terms

 
 
Chapter 11: The Criminal Trial
Opening Statements

 
The Presentation of Evidence

 
Calling Witnesses

 
Evidence and Rules of Evidence

 
Closing Arguments

 
Instructing The Jury

 
Jury Deliberations and Verdict

 
Wrongful Conviction and Exoneration of the Innocent

 
Requirement of Unanimity

 
Summary

 
Discussion Questions

 
Key Terms

 
 
Chapter 12: Sentencing
The Goals of Sentencing

 
The Judge’s Options at Sentencing

 
How Do Judges Decide? Modeling The Sentencing Process

 
Summary

 
Discussion Questions

 
Key Terms

 
 
Chapter 13: The Appellate Process
Appealing To a Higher Court

 
The Appellate Courts

 
The “Right” to Appeal

 
The Writ of Habeas Corpus

 
How Do Appellate Courts Decide?

 
Oral Arguments Before the Supreme Court

 
Summary

 
Discussion Questions

 
Key Terms

 
 
Chapter 14: Specialized Courts
Problem-Solving Courts

 
Drug Treatment Courts

 
Domestic Violence Courts

 
Other Problem-Solving Courts

 
Juvenile Courts

 
Summary

 
Discussion Questions

 
Key Terms

 
 
Glossary
 
References and Suggested Reading
 
Case Index
 
General Index
Key features

NEW TO THIS EDITION:

  • Breonna Taylor’s case has been added to Chapter 10 under the discussion of the Grand Jury.
  • Chapter 10 includes a new section on reforms designed to reduce the number of persons detained prior to trial.
  • Chapter 11 features an updated discussion of unanimity requirement and the hung jury in relation to Ramos v. Louisiana (2020).
  • New discussion of Hidalgo v. Arizona (2018) and the death penalty is included in Chapter 12.
  • Chapter 12 features an added section on life and life without parole, along with new discussions on sentencing reform bills and the legal relevance of offense seriousness and prior criminal records.
  • Chapter 13 includes new material on the Curtis Flowers case, error rule and prosecutors’ use of ethnic stereotypes.
  • A new section on sentencing review units is included in Chapter 13.
  • Chapter 14 features new research on drug courts and updated discussions on how drug treatment and domestic violence courts operate.


KEY FEATURES: 

  • 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.
  • Comparative Courts inserts provide students with a glimpse into 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 programs.
  • A Movies and the Courts boxed feature asks students to examine myths about the criminal courts perpetuated by popular culture.
  • Instrumental Cases are included throughout to offer students insights into crucial rulings that have shaped the American legal system. 
  • Current Discussion Topics in each chapter provide balanced views of contemporary issues, encouraging classroom discussion and sparking student interest.
     
 

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