No part of this work covered by the copyright herein may be reproduced, transmitted, stored, or used in any form or by any means graphic, electronic, or mechanical, including but not limited to photocopying, recording, scanning, digitizing, taping, Web distribution, information networks, or information storage and retrieval systems, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission of the publisher. Prior to becoming a full-time academic, Fradella worked as an autopsy technician in the Ofﬁ ce of the Chief Medical Examiner of Washington, D. CALIFORNIA AND THREE STRIKES LAWS 105 Drug Courts 106 Domestic Violence Courts 106 Mental Health Courts 107 Consequences of Court Organization 107 Decentralization and Choice of Courts 108 Local Control and Local Corruption 108 COURTS, CONTROVERSY, AND REDUCING CRIME: IS IT TIME TO END THE WAR ON DRUGS?
CALIFORNIA STATE UNIVERSITY, LONG BEACH TENTH EDITION © 2011, 2008 Wadsworth, Cengage Learning ALL RIGHTS RESERVED. Fradella then earned a masters in Forensic Science and a law degree in 1993 from The George Washington University, and a Ph. in interdisciplinary justice studies from Arizona State University in 1997. 86 Consequences of Federal Involvement in the Criminal Justice System 87 Forum for Symbolic Politics 87 Federal Dollars 88 Conclusion 88 Chapter Review 89 Chapter 4 State Courts 92 History of State Courts 94 Colonial Courts 94 Early American Courts 95 Courts in a Modernizing Society 95 x CONTENTS Trial Courts of Limited Jurisdiction: Lower Courts 95 Trial Courts of General Jurisdiction: Major Trial Courts 96 Criminal Cases 97 Civil Cases 97 LAW AND POPULAR CULTURE: TRAFFIC (2000) 98 Intermediate Courts of Appeals 99 Courts of Last Resort: State Supreme Courts 99 Court Uniﬁ cation 101 Key Components 101 Analysis 104 Problem-Solving Courts 104 CASE CLOSE-UP: EWING V.
Neubauer is the co-author of Judicial Process: Law, Courts, and Politics in the United States, Fifth Edition (2010), co-author of Battle Supreme: The Conﬁ rmation of Chief Jus- tice John Roberts and the Future of the Supreme Court (2006), and editor of Debating Crime: Rhetoric and Reality (2001). After gradu- ating with highest honors from the Searing School in Man- hattan in 1986, Fradella earned a B. in psychology in 1990 from Clark University, graduating summa cum laude and as a member of Phi Beta Kappa. Supreme Court 76 Granting Cert: The Rule of Four 76 Caseload of U. Supreme Court 77 Circuit Justices 77 Specialized Courts 77 Military Justice 79 Enemy Combatants 79 Foreign Intelligence Surveillance Court 80 CASE CLOSE-UP: WAS ZACARIAS MOUSSAOUI THE 20TH HIJACKER 80 Federal Judicial Administration 82 Chief Justice 82 Judicial Conference of the United States 84 Administrative Ofﬁ ce of the U. Courts 84 Federal Judicial Center 85 Judicial Councils 85 U. Sentencing Commission 85 Caseloads in the Federal Courts 85 Increase the Number of Federal Judges? 86 COURTS, CONTROVERSY, AND REDUCING CRIME: SHOULD STATE CRIMES ALSO BECOME FEDERAL VIOLATIONS?
He also served as a consultant to the Metropolitan Crime Commission of New Orleans. FRADELLA was born in New York, NY and grew up in that city and its Monmouth Country, NJ suburbs.
He grew up in Aurora, Illinois, graduating from West Aurora High School in 1962. Over the years he has served on review panels for the National Institute of Justice, the Bureau of Justice Statistics, the National Science Foundation, the National Institute of Mental Health, and the National Center for State Courts.
ABOUT THE AUTHORS DAVID WILLIAM NEUBAUER was born in Chicago. in political science from Augustana College in Rock Island in 1966, graduating cum laude and being elected to Phi Beta Kappa, he began graduate work at the University of Illinois, receiving a Ph. Neubauer served as a consultant to the Federal Judicial Center on two court man- agement projects, and he worked with the American Judicature Society as principal in- vestigator on a project (funded by the National Institute of Justice) concerning court delay reduction.
Neubauer has previously taught at the University of Florida and Washington Univer- sity in St. He is now professor emeritus at the University of New Orleans, where he chaired the political science department from 1982 to 1986.
44 Criminal Law 44 Elements of a Crime 46 Guilty Act 46 Guilty Intent 47 Fusion of Guilty Act and Guilty Intent 47 Attendant Circumstances 47 Results 47 Legal Defenses 48 Effects of the Criminal Law on the Courts 49 Criminal Law and Inconsistencies 49 LAW AND POPULAR CULTURE: CHICAGO (2002) 50 Criminal Law and Plea Bargaining 51 Criminal Law and Sentencing 51 Conclusion 52 Chapter Review 52 Chapter 3 Federal Courts 56 Basic Principles of Court Organization 59 Dual Court System 59 Jurisdiction 59 Differentiating Trial and Appellate Courts 62 COURTS, CONTROVERSY, AND THE ADMINISTRATION OF JUSTICE: SHOULD THE DOUBLE JEOPARDY CLAUSE PROHIBIT PARALLEL STATE AND FEDERAL PROSECUTIONS? 155 Conclusion 156 Chapter Review 156 Chapter 7 Defense Attorneys 160 CASE CLOSE-UP: GIDEON V.
62 History of the Federal Courts 63 The Constitutional Convention 63 LAW AND POPULAR CULTURE: A FEW GOOD MEN (1992) 64 The Judiciary Act of 1789 65 1789–1891 65 Court of Appeals Act of 1891 66 Federal Courts Today 66 U. WAINWRIGHT AND THE RIGHT TO COUNSEL 162 The Right to Counsel 163 Nonfelony Criminal Prosecutions 163 Stages of the Criminal Process 164 Ineffective Assistance of Counsel 167 Self-Representation 167 CONTENTS xiii Consequences of Judicial Selection 194 Which System Is Best?
AMERICA’S COURTS AND THE CRIMINAL JUSTICE SYSTEM This page intentionally left blank Australia • Brazil • Canada • Mexico • Singapore • Spain • United Kingdom • United States AMERICA’S COURTS AND THE CRIMINAL JUSTICE SYSTEM DAVID W. For permission to use material from this text or product, submit all requests online at Fradella is the author of over 60 articles, reviews, and scholarly commentaries; three sole-authored books; and three additional books written with co-authors. REED AND PROSECUTORIAL MISCONDUCT 141 CONTENTS xi xii CONTENTS Defense Attorneys and Courtroom Work Groups 168 Rewards and Sanctions 168 Variations in Cooperation 169 An Assessment 170 The Criminal Bar 171 Diversity and Stratiﬁ cation of the Legal Profession 171 Environment of Practice 171 Providing Indigents with Attorneys 173 Assigned Counsel 173 COURTS, CONTROVERSY, AND ECONOMIC INEQUALITY: ARE WE SPENDING TOO LITTLE OR TOO MUCH ON INDIGENT DEFENSE?
America’s Courts and the Criminal Justice System, Tenth Edition David W. Fradella Senior Publisher: Linda Schreiber-Ganster Senior Acquisitions Editor: Carolyn Henderson Meier Development Editor: Robert Jucha Assistant Editor: Megan Power Editorial Assistant: John Chell Media Editor: Ting Jian Yap Senior Marketing Manager: Michelle Williams Marketing Assistant: Jillian Myers Senior Marketing Communications Manager: Tami Strang Content Project Manager: Christy Frame Creative Director: Rob Hugel Senior Art Director: Maria Epes Print Buyer: Paula Vang Rights Acquisitions Account Manager, Text: Bob Kauser Rights Acquisitions Account Manager, Images: Robyn Young Production Service: Lindsay Burt, MPS Content Services Photo Editor: Kelly Franz, Pre-Press PMG Copy Editor: Debbie Stone Cover Designer: Riezebos Holzbaur Design Group Cover Image: ©Randy Duchaine/CORBIS Compositor: MPS Content Services For product information and technology assistance, contact us at Cengage Learning Customer & Sales Support, 1-800-354-9706. After having earned tenure and promotion to the rank of associate and then full professor over 10 years, Fradella resigned from TCNJ in 2007 to become a professor in, and chair of, the Department of Criminal Justice at California State University, Long Beach. WINGO AND THE RIGHT TO A SPEEDY TRIAL 131 Law in Action Approach to Court Delay 131 Case Scheduling 132 Efforts at Coordination 132 Variability in Courtroom Work Groups Revisited 132 Legal Ethics 132 Conclusion 133 Chapter Review 134 Chapter 6 Prosecutors 136 Role of the Prosecutor 138 Broad Discretion 138 Decentralization 139 CASE CLOSE-UP: BURNS V.