Solution Manual for America's Courts and the Criminal Justice System, 12th Edition

Chapter 1
Courts, Crime and Controversy

LEARNING OBJECTIVES
After reading this chapter, students should be able to:

1. Describe how the courts are related to the other components of the criminal
justice system.
2. Discuss the major types of courts found in the United States.
3. Identify the most important actors in the courthouse.
4. List the steps in a typical felony prosecution.
5. Explain how a “law in action” perspective complements a “law on the books”
approach to studying the criminal courts.
6. Distinguish between the crime control model of criminal justice and the due
process model of criminal justice.


KEY TERMS

crime control model: A perspective on the criminal justice process which prioritizes the
repression of criminal conduct. (20)

criminal justice system: the numerous public agencies involved in implementing public
policy concerning crime. (7)

CSI effect: heightened juror expectations and demands for scientific evidence as a result
of changes in popular culture brought about by rapid scientific and technological
advances and widespread dissemination of information about them. (5)

due process model: A perspective on the criminal justice system which emphasizes
protecting the rights of the individual. (21)

felonies: crimes punishable by 1 year or more in prison in most states. (13)

misdemeanors: crimes typically punishable by up to a year in local jails. (13)

violations: crimes subject to a fine or short jail term (13)


CHAPTER OUTLINE


1

,I. Courts and Crime
B. Americans believe crime rates are too high
C. Politicians promise to be “tough on crime”
D. Prosecutors viewed as too willing to plea bargain
E. Judges accused of being too lenient
F. Appellate courts blamed for letting guilty criminals go free on
technicalities


II. Courts and the Criminal Justice System
LO 1: Describe how courts are related to other components of the criminal justice
system.
A. Fighting crime is a major societal activity in which a great deal of money
and people are invested
B. An Interdependent Criminal Justice System
1. Police, courts, and corrections are separate government institutions with
different goals, histories, and operating procedures; though separate,
they are also tied together because they must interact with one another
2. Decisions made by the different institutions in the criminal justice
systems affect the others
C. A Fragmented Criminal Justice Nonsystem
1. Although the work of the police, courts, and corrections must, by
necessity, overlap, this does not mean that their activities are
coordinated or coherent
2. Fragmentation characterizes each component of the criminal justice
system
D. Tensions and Conflicts
1. Criminal justice is best viewed as a system and a nonsystem
2. Tensions and conflicts occur among the components of criminal justice
III. An Overview of U.S. Courts
LO2: Discuss the major types of courts found in the United States.
A. Approximately 17,000 courthouses are operating in the United States
B. Dual Court System
C. Trial Courts
1. Major
2. Lower
D. Appellate Courts

IV. Identifying the Actors in the Courthouse
LO3: Identify the most important actors in the courthouse.
A. Prosecutors
B. Defense Attorneys
C. Judges
D. Defendants and Victims




2

,V. Following the Steps of the Process
LO4: List the steps in a typical felony prosecution.
A. Crime
1. Felonies
2. Misdemeanors
3. Violations
B. Arrest
C. Initial Appearance
D. Bail
E. Grand jury
F. Preliminary Hearing
G. Arraignment
H. Discovery
I. Pretrial Motions
J. Plea Negotiations
K. Trial
L. Sentencing
M. Appeal
N. Case Close-Up: Brown v. Mississippi

VI. Law on the Books
LO5: Explain how a law in action perspective complements a law on the books approach
to studying the criminal courts.

VIII. Law in Action
LO5: Explain how a law in action perspective complements a law on the books approach
to studying the criminal courts.


IX. Courts and Controversy
LO6: Distinguish between the crime control model of criminal justice and the due
process model of criminal justice.
A. Crime Control Model
1. Repression of criminal conduct
B. Due Process Model
1. Protecting the rights of the individual
C. Shifting the Balance
D. Courts, Controversy, & Reducing Crime
1. Is it time to end the war on drugs?

X. Media Depictions and Distortions of Criminal Courts
A. Courts, Law, & Media
1. The Casey Anthony trial


CHAPTER SUMMARY

3

, Newspapers dramatize the crime problem. Official government statistics document that
levels of crime are high (but declining). Unofficial pollsters report that Americans
believe crime rates are too high. Candidates for public office promise that, if elected,
they will get tough on criminals. Government officials announce bold new programs to
address the crime problem. Some of these programs work but most are not effective. A
good deal of the political rhetoric about crime focuses on the criminal courts.
Prosecutors, judges, and appellate courts (including the Supreme Court) are all viewed as
being soft on crime. Many victims and witnesses are frustrated with the criminal justice
process. Judges and defense attorneys—much more so than police chiefs and prison
wardens—are blamed for high crime rates.

Fighting crime is a major societal activity. Every year governments spend approximately
$228 billion on the criminal and civil justice system in the United States (Bureau of
Justice Statistics, 2011). These tax dollars support an enormous assortment of criminal
justice agencies with a large number of employees. These government officials are quite
busy. A substantial number of people are also employed in the private sector in positions
related to dealing with crime (Hakim, Rengert, & Shachmurove, 1996; Ribovich &
Martino, 2007). The public agencies involved in implementing crime policy, i.e., police,
courts, and corrections, are referred to as the criminal justice system. The major
components of the criminal justice system do not make up a smoothly functioning and
internally consistent organization. The criminal justice system is both interdependent and
fragmented.

Viewing the various components of criminal justice as a total system highlights the fact
that these different agencies are interdependent and interrelated. The courts play a
pivotal role within the criminal justice system. Many formal actions pertaining to
suspects, defendants, and convicts involve the courts, and the decisions that the courts
make have important consequences for other components of the criminal justice system.
The operations of law enforcement and corrections also have a major impact on the
judiciary.

The system approach dominates most contemporary thinking about criminal justice. But
not everyone is convinced of the utility of this approach. Some people point to a non-
system of criminal justice. What is most salient in the non-system is that each component
of the criminal justice system is fragmented. The fragmentation within the three
components of the non-system of criminal justice is further complicated by the
decentralization of government.

Criminal justice is best viewed as both a system and a non-system. Both interdependence
and fragmentation characterize the relationships among the different agencies involved in
apprehending, convicting, and punishing wrongdoers. These structural arrangements
produce tension and conflict within each component. Tension and conflict also occur due
to the sometimes conflicting goals of the various components of the criminal justice
system.

4