Instructors Manual - America’s Courts and the Criminal Justice System

Instructor’s Manual America’s Courts and the Criminal Justice System Eleventh Edition David W. Neubauer Henry F. Fradella Prepared By Valerie Bell Part 1: (Lecture Notes Only) : Page 1-195 Part 2: (Brief Case Notes) : Page 196-628 1 / 4

1 Chapter 1 Courts, Crime and Controversy

LEARNING OBJECTIVES

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 crime. (19) criminal justice system: the numerous public a involved in implementing public policy concerning crime. (6) 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 prioritizes the right of the individual. (19)

felonies: crimes punishable by 1 year or more in prison in most states. (12)

misdemeanors: crimes typically punishable by up to a year in local jails. (12)

CHAPTER OUTLINE

I.Courts and Crime

• Casey Anthony

B.Americans believe crime rates are too high C.Politicians promise to be “tough on crime”

Part 1: (Lecture Notes Only) 2 / 4

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• Prosecutors viewed as too willing to plea bargain
• Judges accused of being too lenient
• Appellate courts blamed for letting go guilty criminals on technicalities

II. Courts and the Criminal Justice System LO 1: Describe how courts are related to other components of the criminal justice system.

• Fighting crime is a major societal activity
• An Interdependent Criminal Justice System
• 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

• A fragmented criminal justice nonsystem
• Although the work of the police, courts, and corrections must, by

necessity, overlap, this does not mean that their activities are coordinated or coherent

• Tensions and conflicts
• Tensions and conflicts occur among both individuals and the

components of criminal justice III. An Overview of U.S. Courts

LO2: Discuss the major types of courts found in the United States.

• Approximately 17,000 courthouses are operating in the United States
• Dual court system
• Trial courts
• Major
• Lower
• Appellate courts

IV. Identifying the Actors in the Courthouse

LO3: Identity the most important actors in the courthouse.

• Prosecutors
• Defense Attorneys
• Judges
• Defendants and victims

• Following the Steps of the Process

LO4: List the steps in a typical felony prosecution.

• Crime
• Felonies
• Misdemeanors
• Violations
• Arrest
• Initial appearance
• Bail
• Grand jury 3 / 4

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• Preliminary hearing
• Arraignment
• Discovery
• Pretrial motions
• Plea negotiations
• Trial
• Sentencing
• 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.

• Crime control model
• Repression of criminal conduct
• Due process model
• Protecting the rights of the individual
• Shifting the balance
• Courts, controversy, & reducing crime
• Is it time to end the war on drugs?

• Media depictions and distortions of criminal courts
• Court, law, & media
• The Casey Anthony trial

CHAPTER SUMMARY

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

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