JUSTICE IN AMERICA - COURTS, LAWYERS, AND THE JUDICIAL PROCESS - THIRD EDITION

• NCJ Number: 56600
• Author(s): H JACOB
• Date Published: 1978
• Length: 259 pages
• Corporate Author: Little, Brown and Co
• Sale Source: Little, Brown and Co
• Language: English
• Country: United States of America

Annotation

THIS POLITICAL ANALYSIS OF THE ADMINISTRATION OF JUSTICE VIEWS THE COURTS IN THE U.S. AS UNITS OF THE POLITICAL SYSTEM AND DESCRIBES THE JUDICIARY AND ITS WORK ON THE BASIS OF EMPIRICAL EVIDENCE.

Abstract

BOTH TRIAL AND APPELLATE COURTS ARE EXAMINED AS POLITICAL INSTITUTIONS IN THIS THIRD EDITION TEXT. THE COURTS PERFORM FUNCTIONS SIMILAR TO THOSE OF LEGISLATIVE BODIES AND EXECUTIVE AGENCIES, BUT OPERATE UNDER DIFFERENT SETS OF DECISIONMAKING RULES. THIS APPROACH TO STUDYING THE LEGAL PROCESS FOCUSES ON THE COURTS RATHER THAN ON THE LAW AND INCORPORATES RESEARCH FINDINGS ABOUT CRIMINAL PROCEEDINGS; WAYS IN WHICH PEOPLE ARE PROCESSED IN THE CRIMINAL COURTS; HANDLING OF CIVIL DISPUTES; BIASES IN COURTS' TREATMENT OF CONSUMERS, WORKING CLASS PEOPLE, AND SPECIAL GROUPS; THE FUNCTIONS OF COURTS AS ENFORCERS AND POLICYMAKERS; THE NATURE AND WORK OF LAWYERS AND JUDGES; THE STRUCTURE AND RULES OF THE JUDICIAL PROCESS; AND PLEA BARGAINING AND COURT REFORM. THE COURTS' ENFORCEMENT ACTIVITIES IN CIVIL LAW USUALLY INVOLVE THE SUCCESSFUL INVOCATION OF WIDELY HELD NORMS, AND VIOLATORS ARE PUNISHED OR FORCED TO COMPENSATE THE VICTIM. IN CRIMINAL COURTS, JUDGES ARE LESS POWERFUL. THEY IMPOSE FEW SENTENCES FOR ONLY A FEW CRIMES AND ARE UNABLE TO HELP THE VICTIM. THE COURTS' POLICYMAKING ROLE IS DIFFICULT TO EVALUATE, BUT BETWEEN 1950 AND 1970, THEY APPEAR TO HAVE CONCENTRATED ON SYMBOLIC ISSUES; I.E., RACIAL DESEGREGATION, SCHOOL BUSING, REGULATION OF THE DEATH PENALTY, LEGALIZATION OF ABORTION, AND THE PROVISION OF DUE PROCESS GUARANTEES. IN THESE INSTANCES, COURTS, PARTICULARLY THE U.S. SUPREME COURT, MADE DECISIONS WHICH SET THE AGENDA FOR LEGISLATORS, ADMINISTRATORS, AND FOR OTHER JUDGES. ASSESSMENT OF COURTS' PERFORMANCE IN THESE ENFORCEMENT AND POLICYMAKING ROLES IS GREATLY DEPENDENT ON THEIR EQUAL TREATMENT OF ALL PERSONS. RESEARCH HAS DEMONSTRATED THAT THE COURT SYSTEM IS BECOMING INCREASINGLY MORE FAIR AND LESS DISCRIMINATORY TOWARD SPECIAL GROUPS OF DEFENDANTS SUCH AS THE POOR, BLACKS, AND WOMEN, ALTHOUGH THEIR PURSUIT OF CRIMES THAT THESE PERSONS ARE MORE LIKELY TO COMMIT--PROPERTY CRIMES AND VIOLENT CRIMES--IS MORE VIGOROUS THAN THEIR PURSUIT OF BUSINESS CRIME. AN INDEX IS PROVIDED. (DAG)