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America's Courts and the Criminal Justice System

By David W. Neubauer, Henry F. Fradella

13th Edition © 2019
Discipline:Criminal Justice
Course:Courts and Law
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The premier choice for Courts courses for decades, this popular text offers a comprehensive explanation of the courts and the criminal justice system, presented in a streamlined, straightforward manner that appeals to instructors and students alike. Neubauer and Fradella's crisp and clear writing, characterized by the organization of material into brief sections within chapters, ensures that readers gain a firm handle on the material. At the same time, the text's innovative "courtroom workhouse" model, which focuses on the interrelationships among the judge, prosecutor, and defense attorney, brings the courtroom to life. AMERICA'S COURTS AND THE CRIMINAL JUSTICE SYSTEM has long been known for the way it gives students an accurate glimpse of what it's like to work within the American criminal justice system, and the thirteenth edition is no exception. Now available for the first time with MindTap, the digital learning solution that powers students' mastery of key concepts while engaging them with video cases, career scenarios, visual summaries, and more.

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About this product

The premier choice for Courts courses for decades, this popular text offers a comprehensive explanation of the courts and the criminal justice system, presented in a streamlined, straightforward manner that appeals to instructors and students alike. Neubauer and Fradella's crisp and clear writing, characterized by the organization of material into brief sections within chapters, ensures that readers gain a firm handle on the material. At the same time, the text's innovative "courtroom workhouse" model, which focuses on the interrelationships among the judge, prosecutor, and defense attorney, brings the courtroom to life. AMERICA'S COURTS AND THE CRIMINAL JUSTICE SYSTEM has long been known for the way it gives students an accurate glimpse of what it's like to work within the American criminal justice system, and the thirteenth edition is no exception. Now available for the first time with MindTap, the digital learning solution that powers students' mastery of key concepts while engaging them with video cases, career scenarios, visual summaries, and more.

This best-selling text on criminal courts features a unique emphasis on courthouse dynamics, which gives students a true sense of being in the courthouse.

The book's unique themes -- the law on the books, the law in action, and the law in controversy -- provide students with a means of focusing on important issues and how to think critically about them.

"Case Close-Up" boxes in each chapter present important court decisions that have affected our nation's criminal justice system. These boxes also highlight the dynamic nature of courts in the United States.

"Courts and Controversy" boxes deal with contentious issues in the criminal courts system and how these issues are resolved.

Table of contents

Chapters

Cover Page
Title Page
Copyright Page
Dedication
About the Authors
Preface
Acknowledgments
Part I. The Structure of U.S. Criminal Courts
Part II. People in the Courts
Part III. Processing Criminal Cases in the Courts
Appendix A. Overview of the Constitution of the United States
Appendix B. Constitution of the United States
Appendix C. Legal Reasoning
References
Show more

Part I. The Structure of U.S. Criminal Courts

Chapter 1. Law, Crime, Courts, and Controversy
Preview this section ↗
Courts and Crime ↗
Courts and the Criminal Justice System ↗
An Interdependent Criminal Justice System ↗
A Fragmented Criminal Justice Nonsystem ↗
Tensions and Conflicts ↗
An Overview of U.S. Courts ↗
Identifying the Actors in the Courthouse ↗
Prosecutors ↗
Defense Attorneys ↗
Judges ↗
Defendants and Victims ↗
An Overview of Criminal Judicial Processes ↗
Arrest ↗
Initial Appearance ↗
Bail ↗
Grand Jury ↗
Preliminary Hearing ↗
Arraignment ↗
Discovery ↗
Pretrial Motions ↗
Plea Negotiations ↗
Trial ↗
Sentencing ↗
Appeal ↗
The Basis of Law ↗
The Common Law Heritage ↗
Judge-Made Law ↗
Precedent ↗
Multiple Sources of Law ↗
The Adversary System ↗
Safeguards ↗
The Rights of the Accused ↗
Due Process ↗
Bill of Rights ↗
Introduction to Criminal Law ↗
Elements of a Crime ↗
Defining Crimes ↗
Criminal Defenses ↗
Law on the Books vs. Law in Action ↗
Courts and Controversy ↗
Crime Control Model ↗
Due Process Model ↗
Shifting the Balance ↗
Media Depictions and Distortions of Criminal Courts ↗
Conclusion ↗
Chapter Review ↗
Critical Thinking Questions ↗
Key Terms ↗
For Further Reading ↗
Chapter 2. Federal Courts
Basic Principles of Court Organization
Dual Court System
Jurisdiction
Differentiating Trial and Appellate Courts
History of the Federal Courts
The Constitutional Convention
The Judiciary Act of 1789
1789–1891
Court of Appeals Act of 1891
Federal Courts Today
U.S. Magistrate Judges
Caseload of U.S. Magistrate Judges
U.S. District Courts
Caseload of U.S. District Courts
Diversity Jurisdiction
Federal Questions
U.S. Courts of Appeals
Caseload of U.S. Courts of Appeals
U.S. Supreme Court
Granting Cert: The Rule of Four
Caseload of U.S. Supreme Court
Circuit Justices
Specialized Federal Courts
Military Justice
Enemy Combatants
Foreign Intelligence Surveillance Court
Immigration Courts
Federal Judicial Administration
Chief Justice
Judicial Conference of the United States
Administrative Office of the U.S. Courts
Federal Judicial Center
Judicial Councils
U.S. Sentencing Commission
Caseloads in the Federal Courts
Increase the Number of Federal Judges?
Reduce Federal Jurisdiction?
Consequences of Federal Involvement in the Criminal Justice System
Forum for Symbolic Politics
Federal Dollars
Conclusion
Chapter Review
Critical Thinking Questions
Key Terms
For Further Reading
Chapter 3. State Courts
History of State Courts
Colonial Courts
Early American Courts
Courts in a Modernizing Society
Trial Courts of Limited Jurisdiction: Lower Courts
Cases in the Lower Courts
Justice of the Peace Courts
Municipal Courts
Sentencing in the Lower Courts
Problems of the Lower Courts
Community Justice
Trial Courts of General Jurisdiction: Major Trial Courts
Intermediate Courts of Appeals
State High Courts of Last Resort
Court Unification
Key Components
Analysis
Problem-Solving Courts
Drug Courts
Domestic Violence Courts
Mental Health Courts
Technology Shapes the Courtrooms of the Future
Consequences of Court Organization
Decentralization and Choice of Courts
Local Control and Local Corruption
Uneven Court Financing
Conclusion
Chapter Review
Critical Thinking Questions
Key Terms
For Further Reading
Chapter 4. Juvenile Courts
Juvenile Courts 100 Years Ago
Industrialization, Cities, and Crime
The Child Savers and the Progressive Movement
Parens Patriae
How Juvenile Courts Differ from Adult Courts
Emphasis on Helping the Child
Informal Proceedings
Proceedings Based on Civil Law
Secret Proceedings
Absence of Jury Trials
The Organization of Juvenile Courts
Juvenile Court as a Separate Court
Juvenile Court as Part of Family Court
Juvenile Court as a Unit of Trial Court
Law in Action: The Impact of Structure
Juvenile Court Jurisdiction: Subject Matter
Juvenile Delinquency
Status Offenses
Children in Need of Supervision
Law in Action: One-Pot Jurisdiction
Juvenile Court Jurisdiction: Age
Age Limits for Original Jurisdiction over Delinquency Matters
Age Limits beyond Original Jurisdiction
Transfers to Adult Court
Types of Transfers
Corrective Mechanisms
Use of Waivers
Due Process in Juvenile Courts
Key Court Decisions
Important Congressional Acts
Courtroom Work Group
Judges
Hearing Officers
Prosecutors
Defense Attorneys
Probation Officers
Steps of the Juvenile Court Process
Delinquency (Crime)
Summons (Arrest)
Intake (Initial Hearing)
Detention Hearing
Petition
Conference
Evidence: Gathering and Suppressing
Plea Bargaining
Adjudicatory Hearing
Disposition
Appeal
The Future of Juvenile Courts
Crime Control Model: More Adult Penalties
Due Process Model: More Youth Crime Prevention
Conclusion
Chapter Review
Critical Thinking Questions
Key Terms
For Further Reading

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