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America's Courts and the Criminal Justice System - Second Edition

NCJ Number
92964
Author(s)
D W Neubauer
Date Published
1984
Length
422 pages
Annotation
This text for undergraduate courses focuses on the dynamics of the U.S. trial courts for adult offenders, addressing court procedures, criminal law, actors in the system, sentencing, and court reforms.
Abstract
An introduction examines the controversies surrounding the criminal courts, while an overview of the legal basis of the criminal courts covers criminal procedures, criminal law, and court organization. A discussion of the legal actors -- judges, prosecutors, and defense attorneys -- who make most daily decisions emphasizes how these actors' working relationships structure their exercise of discretion. The text surveys the general stages cases pass through from arrest to the determination of guilt or innocence, focusing on why cases are removed from the process and why cases are bargained out. Specific topics considered are types of cases that come to the criminal courts, case screening procedures, the bail system, discovery, suppression of evidence, and the trial process. Chapters on sentencing examine the legal basis for a wide range of discretionary power in sentencing and how courtroom work groups choose between prison and probation. The final section explores reform proposals to improve the quality of rapid, rough justice dispensed by the lower courts and to reduce court delays. News stories and other excerpts from published materials illustrate issues addressed in the text. Each chapter includes tables, diagrams, discussion questions, and references. An index is supplied.

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