Preface
Acknowledgments
About the Authors
Section I: The Purpose and Structure of American Courts
Chapter 1: Introduction: Law and the Judicial Function
Two Opposing Perspectives: Consensus and Conflict
What is The Relationship of Law to Justice?
Justice, The Law, and Packer’s Models of Criminal Justice
Two Models of Criminal Justice
Development of the Common Law System
The Role of Courts in The Criminal Justice System
Chapter 2: Sources of Law
Sources of Individual Rights
Incorporation of The Bill of Rights Into the Fourteenth Amendment
Chapter 3: Types of Law
Types of Law: Criminal and Civil
Chapter 4: Court Organization and Structure
The Structure and Jurisdiction of U.S. Courts
A Brief Historical Overview
Overview of the Criminal Process
Section II: Courtroom Actors and The Courtroom Work Group
Chapter 5: Prosecutors
Historical Evolution of the American Prosecutor
To Prosecute or Not, That is the Question
Assistant Prosecutors at Work
The Expansion of The Prosecutor’s Discretionary Power
Prosecutorial Ethics and Misconduct
Chapter 6: Defense Attorneys
Defense Attorney’s Role in the Criminal Justice System
Historical Development of The Right to Counsel
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
Chapter 7: Judges
Roles and Duties of Judges
Judicial Socialization and Development
Judicial Accountability and Judicial Independence
Judicial Performance Evaluations
Accountability for Judicial Misconduct
Chapter 8: Criminal Defendants and Crime Victims
Victims and the Criminal Courts
Chapter 9: The Jury
Limits on the Right to Trial by Jury
Jury Size and Unanimity Requirements
Reforms to the Jury System
Section III: Court Processes
Chapter 10: Pretrial Procedures
Chapter 11: The Criminal Trial
The Presentation of Evidence
Evidence and Rules of Evidence
Jury Deliberations and Verdict
Wrongful Conviction and Exoneration of the Innocent
Chapter 12: Sentencing
The Judge’s Options at Sentencing
How Do Judges Decide? Modeling The Sentencing Process
Chapter 13: The Appellate Process
Appealing To a Higher Court
The Writ of Habeas Corpus
How Do Appellate Courts Decide?
Oral Arguments Before the Supreme Court
Chapter 14: Specialized Courts
Other Problem-Solving Courts
Glossary
References and Suggested Reading
Case Index
General Index