Criminal Courts: Structure, Process, and Issues is about processing criminal offenders from the point when they are arrested and charged with crimes. This book provides a comprehensive examination of the trial process by which their guilt or innocence is ascertained by a judge or a jury.

The book begins with an examination of law and its social and political origins. Law is as ancient as time itself. Despite the different eras into which scholars have divided world history, the pervasiveness and continuity of law are apparent. Laws have always existed in one form or another, largely intended to fulfill the same general purposes regardless of the culture. The major functions of law are social control, dispute resolution, and social change. Over time, technology has changed and social ideas have evolved that have contributed to how people orient themselves to others. Whether through verbal traditions passed from one generation to another in simple societies or in lengthy compendia in more complex social systems, the primary objectives of law have remained constant over time.

Laws can be differentiated according to whether they pertain to civil or criminal matters. Statements about what the law says and how people should comport themselves in the company of others have to do with substantive law. In less complex social systems, substantive law tended to be espoused by the courts in the form of common law. Common law is traditional, dependent on the particular needs and desires of groups of people living together. As social systems have become increasingly complex, more elaborate legal schemes and more formal mechanisms have been devised to maintain the social order and regulate human conduct. How the law should be applied is the province of procedural law. In the United States, one of the world's most complex legal systems has been contrived. Today, there are all types of laws pertaining to different aspects of our society. These laws are either civil or criminal, and a whole body of law focuses on administrative law.

It is a legal reality that applications of the law from the beginning of time have favored particular interests over others. Some people believe that our laws have been created to preserve the status quo for those who possess political and economic power. Thus, there are inherent disparities wherever applications of the law are implemented. Historically, those suffering most from legal disparities have been women, children, and minorities. In recent decades, sociolegal movements have prompted substantial social changes in response to disparate treatment of minorities and women in the courts. From these movements, different types of sociological jurisprudence, legal realism, critical legal studies, and feminist legal theories have emerged.

Understanding the laws of the United States begins with a critical examination and description of the dual court system in this country. The principal components of the dual court system are federal and state court apparatuses. Chapter 2 describes federal and state court organization and various functions of these different types of courts. There are diverse court systems, and there is little continuity across states concerning what these different courts should be called. We do not have a universal nomenclature that can be applied to all state and local courts at various levels. However, there is considerable continuity within the federal court system. Federal and state court jurisdictions are distinguished, and the processes and functions of different types of courts are described and discussed.

The court work group consists of the same types of actors in both federal and state jurisdictions. The government has created a prosecutorial system that enforces the laws passed by the different legislatures. Whenever one or more of these laws are violated, prosecutors at the state or federal level act against alleged offenders to bring them to justice. Thus, Chapters 3 and 4 examine prosecutors and defense counsels in some detail, identifying their principal functions and duties. The U.S. Constitution and Bill of Rights have vested all citizens with particular rights to ensure that they will be treated equally under the law. All those who are charged with a criminal offense are entitled to counsel if they are obligated to appear in court to answer criminal charges. Under particular circumstances, anyone may enjoy the right to a jury trial by one's peers. The roles and functions of both prosecutors and defense counsels are examined and discussed.

The most important actor in the court system is the judge. Judges, as discussed in Chapter 5, oversee all court proceedings and make important decisions. There are several types of systems used for judicial selection, and these systems are described. Although legal backgrounds are strongly recommended for those functioning as judges, it is not necessarily true that all judges have legal training or experience. Thus, different methods for selecting judges are explained, together with the weaknesses and strengths of these methods. Merit selection of judges seems to be favored in many jurisdictions, although often the best judges do not gravitate into these important posts. A segment of the judiciary clearly lacks the qualifications and commitment to make good decisions. Some judges are corrupt and commit deliberate acts that call their integrity into question. Judicial misconduct of various kinds is described, and some of the remedies available to the public for recalling bad judges are examined.

At the heart of the legal system is the jury process, the topic of Chapter 6. Juries are made up of individuals from the general population. Methods of jury selection vary greatly among jurisdictions. In fact, juries account for only about ten percent of all criminal cases that are pursued. Nevertheless, the jury process and how jurors are selected to judge the conduct of others are quite important. Both prosecutors and defense counsel conduct voir dires or oral questioning of prospective juries from a list of veniremen or a venire. Sometimes experts are used as consultants, because some people believe that jury selection can enhance the chances of a conviction or an acquittal. Various methods for discharging prospective jurors are examined, including challenges for cause and peremptory challenges. Various standards among the states and the federal system are described to show the different criteria applied for determining the appropriate jury size and the process of jury decision making. The decision-making process of juries is examined in some detail, and the important topics of jury nullification and juror misconduct are explored.

Chapter 7 deals with pretrial procedures. Not all those charged with crimes are ultimately processed by the criminal justice system. Some are diverted to civil courts or into civil dispute-resolution programs, where their cases can be concluded in noncriminal ways. Victims and offenders are often brought together in alternative dispute-resolution actions, in which victim compensation and restorative justice are sought as remedies for wrongdoing. For those who are eventually prosecuted criminally for violating the law, the arrest and booking process are described. The issue of bail is discussed. In some states, various laws are being scrutinized for the purpose of decriminalizing criminal acts through legislative changes, and this process is examined.

Perhaps the most frequently used resolution strategy for criminal offenders is plea bargaining, discussed in Chapter 8. Plea bargaining is a preconviction agreement between prosecutors, defense counsels, and their clients in which guilty pleas are entered to criminal charges in exchange for some type of leniency. Plea bargaining results in a criminal conviction, but the penalties imposed are often less harsh than the penalties imposed through trial convictions. Different types of plea bargaining, as well as the pros and cons of plea bargaining, are discussed. Furthermore, some jurisdictions have abolished plea bargaining, and their reasons for doing so are examined.

The actual trial process is illustrated in Chapter 9. Those charged with crimes may undergo either bench trials, in which a judge decides the case, or jury trials. The criminal trial process is described in some detail by way of fictional scenarios that parallel some actual legal cases of the recent past. In any criminal trial, due process requires considering any defendant innocent of a crime until proved guilty beyond a reasonable doubt. This standard is difficult to achieve in many cases. Prosecutors who pursue criminal cases against particular suspects believe that they can convince juries of the defendant's guilt. However, the defendant is represented by counsel who attempts to show that the defendant is innocent. Various witnesses are brought forth and testify, either for or against particular defendants. Some of these witnesses are eyewitnesses; others are expert witnesses who testify about the quality and significance of collected evidence. Juries deliberate and decide defendants' guilt or innocence.

Chapter 10 deals with sentencing and appeals. If the decision is a guilty verdict, then the offender undergoes a sentencing hearing. Sentencing hearings are conducted by trial judges and are, to some extent, replays of the court case originally presented. However, sentencing hearings permit victims or relatives of victims to make victim impact statements in either verbal or written form. Others testify on behalf of defendants. Judges are the final arbiters and impose different sentences, depending on the seriousness of the crime, the offender's prior record, and other factors. The several types of sentencing systems used by U.S. courts today are discussed in some detail, together with their implications for the early release of sentenced offenders. In the event that convicted offenders are dissatisfied with the verdict, they are entitled to appeal their cases to higher courts. The appellate process is discussed. Featured are death penalty cases, which are always automatically appealed. The appeals process is especially lengthy, and even those who are sentenced to death in states with capital punishment laws may not be executed for ten or more years.

A parallel system of justice exists for juvenile offenders. Chapter 11 examines the juvenile justice system in detail, with particular emphasis on how the juvenile court system is structured and operated. A different language applies to juvenile processing, and various comparisons are made between the juvenile and criminal justice systems. Several landmark juvenile cases are cited in which the U.S. Supreme Court has granted certain constitutional rights. Over time, juvenile courts have taken on the characteristics of criminal courts. Some people believe that in several years the juvenile court may be abolished in favor of a unified court for both juveniles and adults.

Chapter 12 examines the influence of the media on the court process. As society has become increasingly complex in a technological sense, more information is delivered to more people through different media, such as television and the Internet. At the same time that people have been increasingly exposed to what goes on in the courtroom, there has been a major litigation explosion, with increasing numbers of lawsuits filed. A very litigious society has evolved. One reason for the increase in litigation is the publicity derived from courtroom coverage by the media and the sensationalization of particular cases. Media in the courtroom are explored in this chapter, and the pros and cons of media coverage are examined in terms of how public opinion is shaped.

Ancillaries and desirable features of this book include numerous questions at chapter ends for review. Key terms are boldfaced throughout the text and listed at chapter ends, and the back of the book contains a comprehensive glossary of these and other terms. Suggested readings accompany each chapter so that those interested in learning more about particular subjects can locate further reading for their edification and education. An up-to-date bibliography of both research publications and legal cases is also provided at the back of the book. A particularly interesting feature is the liberal use throughout each chapter of interesting vignettes adapted from local newspapers that feature stories and events that complement the text itself. These boxes often show criminal justice in action, and real people and events are described.

Unlike other available books on the subject, this introduction to criminal courts is shorter and more concise � yet more comprehensive � and is extensively illustrated with interesting examples and up-to-date factual information. It explores in detail the origin, evolution, and emergence of the three major components of contemporary criminal courts in the United States � law enforcement; prosecution and the courts; and corrections. Considers media impact on juries and trial outcomes -- focusing on several �trials of the century�, including the Menendez brothers, O.J. Simpson, John Scopes, and Bruno Richard Hauptmann. Explains jury consultants and jury member selection techniques. Features a detailed discussion of eyewitness testimony. Discusses plea bargaining and pleas bargaining issues. Details sentencing schemes and sentencing issues. For anyone interested in the contemporary criminal court system in the U.S.

1. Law: The Legal Battlefield.
2. The Structure of American Courts.
3. The Prosecution.
4. The Defense.
5. Judges.
6. Juries.
7. Pre-Trial Procedures: Initial Appearance, Bail Decision Making, and Alternative Dispute Resolution.
8. Pre-Trial Procedures: Plea Bargaining.
9. Trial Process and Procedures.
10. Sentencing and Appeals.
11. Juvenile Courts, Juvenile Rights, and Processing.
12. Courts, Media, and the Litigation Explosion.
Name Index.
Subject Index.