NCJ Number
134828
Date Published
1990
Length
404 pages
Annotation
This textbook emphasizes the role of the Federal courts in the American judicial system, but also covers State judicial systems, the role of the lawyer in American society, the nature of crime, and public policy concerns that affect the entire judicial context.
Abstract
The first chapter sets the theoretical and philosophical stage of the book, noting sources of law in the U.S., major philosophies regarding the role and function of the law, and American society's attitudes toward law and law-breaking. The organizational structure of the Federal and State judiciaries is described, and the distinction between routine norm enforcement and judicial policymaking is addressed. The book discusses the duties and contributions of the staff and administrative agencies that support the court system. Another chapter deals with the training, values, and attitudes of lawyers as well as the public policy goals of their professional associations. The jurisdiction of several levels of U.S. courts is summarized, and current data on the workload of State and Federal tribunals are provided. Two chapters discuss the criminal court process and the civil court process, respectively. The book explores the characteristics, qualifications, and values common among judges in the U.S. Two chapters are devoted to judicial decision making; one outlines aspects of the decision making process that are characteristics of all judges, while the second examines the special case of decision making in collegial appellate courts. Another chapter examines the policy impact of judicial decision making and discusses the process by which judicial rulings are or are not implemented. Finally, the book outlines the primary factors that impel judges to make policy and suggests some variables that determine the ideological direction of such policy making.