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Criminal Courts
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Criminal Courts
A Contemporary Perspective

Sixth Edition


August 2025 | SAGE Publications, Inc
Comprehensive and engaging, Criminal Courts: A Contemporary Perspective deepens your students' understanding by thoroughly examining the courts and their vital role in the criminal justice system. The Sixth Edition introduces updated content, including discussions on evolving marijuana laws, the balance between victims' and defendants' rights, court-administered bail, and domestic violence courts.
 
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

For instructors

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