Solution and Answer Guide: Neubauer and Fradella, America’s Courts and the Criminal Justice System, 14e,
2026, 9780357763285; Chapter 2: Federal Courts
Solution and Answer Guide
NEUBAUER AND FRADELLA, AMERICA’S COURTS AND THE CRIMINAL JUSTICE SYSTEM, 14E,
2026, 9780357763285; CHAPTER 2: FEDERAL COURTS
CRITICAL THINKING QUESTIONS
1. To what extent are contemporary debates over the role of the federal government
similar to, but also different from, the debates in the late 18th century.
Answer:
Student answers will vary. Students should be able to identify that the allocation of
power between the national and state governments remains a source of contention
today, as it was in the late 18th century. Most people today believe that there should be
a federal court system, which was hotly debated by the Federalists. Students might
point out, though, that the types of issues that are debated about have changed
dramatically. For example, many people today might look at whether there should be a
national ban on guns or abortion rights or whether these issues should be resolved at
the state level.
2. How would the criminal legal system be different today if the Founders had decided
not to create a separate system of federal courts and instead allowed federal laws to
be enforced in state courts?
Answer:
Student answers will vary. Students should be able to identify that there would
probably be much less uniformity in laws from state to state and that the states might
operate more like individual countries than one joined system. As an example, the
United States might be more akin to the European Union. Also, criminal defendants
would not have one set of constitutional protections and would not be able to appeal
their conviction out of state court.
3. How would you reduce the federal court caseload? In considering where you would
reduce federal court jurisdiction, also consider where you might increase it. What do
your choices reflect about your political values?
Answer:
Answers will vary, depending on student opinions. Students should be able to discuss
some of the recommendations from the Report of the Federal Courts Study
Committee issued in 1990, such as limiting prisoners’ ability to file civil rights lawsuits,
abolishing federal diversity jurisdiction cases except in very specific circumstances,
and abolishing federal crimes where there is concurrent jurisdiction between state and
federal courts. They might also discuss creating additional Article I courts.
Some solutions reflect divisions along the lines of the due process versus crime
control models of justice, which were discussed in Chapter 1.
4. To what extent does the debate over federalization of state crimes cut across
traditional ideological values as represented in the due process model and the crime
control model?
1
, Solution and Answer Guide: Neubauer and Fradella, America’s Courts and the Criminal Justice System, 14e,
2026, 9780357763285; Chapter 2: Federal Courts
Answer:
Student answers will vary. Students should remember from Chapter 1 that the due
process model of crime is more concerned about the rights of criminal defendants.
This would be more in keeping with a stronger federal justice system, which would
allow criminal defendants and prisoners to appeal to the federal level if they feel their
rights are being violated at the state level. Having the federal process ensures an
additional layer of oversight and allows for certain protections to be applied across all
states. The crime control model, however, which prefers the finality of verdicts and an
expedited criminal process, would typically prefer issues to be decided at the state
level.
5. Federal law enforcement is limited in scope but subject to considerable public
attention. Why?
Answer:
Student answers will vary. Students might discuss that the vast majority of criminal
cases are resolved in state and local courts. They might reference Figure 2.3, which
depicts the types of federal criminal prosecutions in 2023, the majority of which are
violations of drug laws, immigration offenses, and crimes involving firearms or
explosives. The public attention may be due to the fact that these crimes are usually
in the media spotlight and are of interest to everyone in the country since they pertain
to all.
2
, Solution and Answer Guide: Neubauer and Fradella, America’s Courts and the Criminal Justice System, 14e,
2026, 9780357763285; Chapter 3: State Courts
Solution and Answer Guide
NEUBAUER AND FRADELLA, AMERICA’S COURTS AND THE CRIMINAL JUSTICE SYSTEM, 14E,
2026, 9780357763285; CHAPTER 3: STATE COURTS
CRITICAL THINKING QUESTIONS
1. Although we typically talk of state courts (as opposed to federal courts), would it be
better to talk about local courts? To what extent are there major variations within your
state.
Answer:
Student answers will vary depending on students’ location. Students can identify
whether their state has an intermediate-level court of appeals, the type of trial courts
of limited jurisdiction within their state (if any), and what types of cases they try.
These might include traffic court, small claims civil cases (as well as the monetary
amount these cases involve), and whether their locality uses JP courts or magistrate
courts. They might also identify whether their locality has community courts and the
type. They can discuss whether the local courts in their jurisdiction differ from what is
typically found across their state and whether the courts vary from rural to
metropolitan jurisdictions.
2. Compare your state’s court structure to those in Figures 3.2 and 3.3. How unified is
your state structure?
Answer:
Student answers will vary depending on their state. Students should be able to
identify whether their state has a unified court structure (Figure 3.2) or limited court
unification (Figure 3.3). They should discuss the types of appellate courts in their
jurisdiction (whether there is an intermediate court of appeals and how many courts of
last resort), how many justices sit at each level and whether they appear in panels or
en banc, what their general trial courts are called, what types of limited trial courts
they have, and the types of cases they hear.
3. Have there been discussions in your state of court reorganization? What major interest
groups are urging court reform, and what advantages do they suggest? What interest
groups are opposing reform, and what disadvantages do they cite?
Answer:
Answers will vary, depending upon the states in which students live. They should be
able to identify any efforts to reorganize into a unified system and the interest groups
that support or oppose unification.
Some of the reasons interest groups may support unification are using judicial
resources more efficiently, reducing duplication of effort among court staff, the ability
to share the same information technology infrastructure, earlier public access to
information, and cost savings.
1
, Solution and Answer Guide: Neubauer and Fradella, America’s Courts and the Criminal Justice System, 14e,
2026, 9780357763285; Chapter 3: State Courts
Some of the reasons interest groups may oppose unification are that increased training
would likely be required for judges and staff so they can handle a wider range of cases
and duties, and it does not improve court processing. Additionally, it can take away
some of the local context that allows for diversity from one jurisdiction to another.
4. Recall from Chapter 1 Herbert Packer’s crime control and due process models (see
Table 1.7). How are these models reflected in the operations of three subtypes of
problem-oriented courts—treatment courts, accountability courts, and status courts?
Where do you stand on the use of these courts? Explain your reasoning.
Answer:
Students should recall that the due process model favors the rights of the accused
and the crime control model favors efficiency of court processes and finality of
judgments. Problem-oriented courts would be more compatible with the due process
model, since they are more concerned with the rehabilitation of the defendant and can
last for an undefined period of time.
Students should then discuss their opinions on these courts, whether they are a good
use of the court’s time or of waste of resources, and whether they help to reduce
recidivism.
5. Make a list of some high-profile cases that have been prosecuted in federal court.
Were there parallel state investigations or prosecutions? See if you identify any
information about why the federal productions went forward despite the state court
actions. What commonalities, if any, do you discover?
Answer:
Student answers may vary considerably, depending upon which cases they discuss. In
general, most famous criminal prosecutions will have taken place in state courts.
Some examples students might find include the convictions of John Gotti, Ted
Kaczynski, Timothy McVeigh, John Hinckley Jr., and Patty Hearst. Some of these did
have state court actions as well (Timothy McVeigh, for example). Typically, some of the
reasons a defendant might be tried in federal court instead of state court include one
jurisdiction having a stronger case, one jurisdiction having a more pressing reason to
prosecute, and which prosecution is likely to be the best use of taxpayer dollars. Other
reasons, such as sentencing (if one jurisdiction has the death penalty, for example),
might also come into play.
2
2026, 9780357763285; Chapter 2: Federal Courts
Solution and Answer Guide
NEUBAUER AND FRADELLA, AMERICA’S COURTS AND THE CRIMINAL JUSTICE SYSTEM, 14E,
2026, 9780357763285; CHAPTER 2: FEDERAL COURTS
CRITICAL THINKING QUESTIONS
1. To what extent are contemporary debates over the role of the federal government
similar to, but also different from, the debates in the late 18th century.
Answer:
Student answers will vary. Students should be able to identify that the allocation of
power between the national and state governments remains a source of contention
today, as it was in the late 18th century. Most people today believe that there should be
a federal court system, which was hotly debated by the Federalists. Students might
point out, though, that the types of issues that are debated about have changed
dramatically. For example, many people today might look at whether there should be a
national ban on guns or abortion rights or whether these issues should be resolved at
the state level.
2. How would the criminal legal system be different today if the Founders had decided
not to create a separate system of federal courts and instead allowed federal laws to
be enforced in state courts?
Answer:
Student answers will vary. Students should be able to identify that there would
probably be much less uniformity in laws from state to state and that the states might
operate more like individual countries than one joined system. As an example, the
United States might be more akin to the European Union. Also, criminal defendants
would not have one set of constitutional protections and would not be able to appeal
their conviction out of state court.
3. How would you reduce the federal court caseload? In considering where you would
reduce federal court jurisdiction, also consider where you might increase it. What do
your choices reflect about your political values?
Answer:
Answers will vary, depending on student opinions. Students should be able to discuss
some of the recommendations from the Report of the Federal Courts Study
Committee issued in 1990, such as limiting prisoners’ ability to file civil rights lawsuits,
abolishing federal diversity jurisdiction cases except in very specific circumstances,
and abolishing federal crimes where there is concurrent jurisdiction between state and
federal courts. They might also discuss creating additional Article I courts.
Some solutions reflect divisions along the lines of the due process versus crime
control models of justice, which were discussed in Chapter 1.
4. To what extent does the debate over federalization of state crimes cut across
traditional ideological values as represented in the due process model and the crime
control model?
1
, Solution and Answer Guide: Neubauer and Fradella, America’s Courts and the Criminal Justice System, 14e,
2026, 9780357763285; Chapter 2: Federal Courts
Answer:
Student answers will vary. Students should remember from Chapter 1 that the due
process model of crime is more concerned about the rights of criminal defendants.
This would be more in keeping with a stronger federal justice system, which would
allow criminal defendants and prisoners to appeal to the federal level if they feel their
rights are being violated at the state level. Having the federal process ensures an
additional layer of oversight and allows for certain protections to be applied across all
states. The crime control model, however, which prefers the finality of verdicts and an
expedited criminal process, would typically prefer issues to be decided at the state
level.
5. Federal law enforcement is limited in scope but subject to considerable public
attention. Why?
Answer:
Student answers will vary. Students might discuss that the vast majority of criminal
cases are resolved in state and local courts. They might reference Figure 2.3, which
depicts the types of federal criminal prosecutions in 2023, the majority of which are
violations of drug laws, immigration offenses, and crimes involving firearms or
explosives. The public attention may be due to the fact that these crimes are usually
in the media spotlight and are of interest to everyone in the country since they pertain
to all.
2
, Solution and Answer Guide: Neubauer and Fradella, America’s Courts and the Criminal Justice System, 14e,
2026, 9780357763285; Chapter 3: State Courts
Solution and Answer Guide
NEUBAUER AND FRADELLA, AMERICA’S COURTS AND THE CRIMINAL JUSTICE SYSTEM, 14E,
2026, 9780357763285; CHAPTER 3: STATE COURTS
CRITICAL THINKING QUESTIONS
1. Although we typically talk of state courts (as opposed to federal courts), would it be
better to talk about local courts? To what extent are there major variations within your
state.
Answer:
Student answers will vary depending on students’ location. Students can identify
whether their state has an intermediate-level court of appeals, the type of trial courts
of limited jurisdiction within their state (if any), and what types of cases they try.
These might include traffic court, small claims civil cases (as well as the monetary
amount these cases involve), and whether their locality uses JP courts or magistrate
courts. They might also identify whether their locality has community courts and the
type. They can discuss whether the local courts in their jurisdiction differ from what is
typically found across their state and whether the courts vary from rural to
metropolitan jurisdictions.
2. Compare your state’s court structure to those in Figures 3.2 and 3.3. How unified is
your state structure?
Answer:
Student answers will vary depending on their state. Students should be able to
identify whether their state has a unified court structure (Figure 3.2) or limited court
unification (Figure 3.3). They should discuss the types of appellate courts in their
jurisdiction (whether there is an intermediate court of appeals and how many courts of
last resort), how many justices sit at each level and whether they appear in panels or
en banc, what their general trial courts are called, what types of limited trial courts
they have, and the types of cases they hear.
3. Have there been discussions in your state of court reorganization? What major interest
groups are urging court reform, and what advantages do they suggest? What interest
groups are opposing reform, and what disadvantages do they cite?
Answer:
Answers will vary, depending upon the states in which students live. They should be
able to identify any efforts to reorganize into a unified system and the interest groups
that support or oppose unification.
Some of the reasons interest groups may support unification are using judicial
resources more efficiently, reducing duplication of effort among court staff, the ability
to share the same information technology infrastructure, earlier public access to
information, and cost savings.
1
, Solution and Answer Guide: Neubauer and Fradella, America’s Courts and the Criminal Justice System, 14e,
2026, 9780357763285; Chapter 3: State Courts
Some of the reasons interest groups may oppose unification are that increased training
would likely be required for judges and staff so they can handle a wider range of cases
and duties, and it does not improve court processing. Additionally, it can take away
some of the local context that allows for diversity from one jurisdiction to another.
4. Recall from Chapter 1 Herbert Packer’s crime control and due process models (see
Table 1.7). How are these models reflected in the operations of three subtypes of
problem-oriented courts—treatment courts, accountability courts, and status courts?
Where do you stand on the use of these courts? Explain your reasoning.
Answer:
Students should recall that the due process model favors the rights of the accused
and the crime control model favors efficiency of court processes and finality of
judgments. Problem-oriented courts would be more compatible with the due process
model, since they are more concerned with the rehabilitation of the defendant and can
last for an undefined period of time.
Students should then discuss their opinions on these courts, whether they are a good
use of the court’s time or of waste of resources, and whether they help to reduce
recidivism.
5. Make a list of some high-profile cases that have been prosecuted in federal court.
Were there parallel state investigations or prosecutions? See if you identify any
information about why the federal productions went forward despite the state court
actions. What commonalities, if any, do you discover?
Answer:
Student answers may vary considerably, depending upon which cases they discuss. In
general, most famous criminal prosecutions will have taken place in state courts.
Some examples students might find include the convictions of John Gotti, Ted
Kaczynski, Timothy McVeigh, John Hinckley Jr., and Patty Hearst. Some of these did
have state court actions as well (Timothy McVeigh, for example). Typically, some of the
reasons a defendant might be tried in federal court instead of state court include one
jurisdiction having a stronger case, one jurisdiction having a more pressing reason to
prosecute, and which prosecution is likely to be the best use of taxpayer dollars. Other
reasons, such as sentencing (if one jurisdiction has the death penalty, for example),
might also come into play.
2
