NCJ Number
153757
Date Published
1995
Length
456 pages
Annotation
This book is designed for courses on the law and judicial processes that transcend the disciplines of political science, sociology, and criminal justice.
Abstract
The first chapter prepares the reader for subsequent chapters by examining the problem of defining law, natural law, rational law, common law, equity, and civil law. The author discusses statutory law, legal reasoning, case law, administrative law, and the application of law through a comparison of the inquisitional system used in Continental Europe and the adversarial system used in England and the United States. The second chapter traces the development of American law and justice from colonial times through the 20th Century. The third chapter examines the practice of law, legal education, the development of bar associations, and restrictions on the practice of law and also considers differences between law schools, the law school curriculum, and stratification of the legal profession. The fourth chapter reviews the history and development of court systems, their policymaking functions, and ways in which they are organized. This chapter focuses on appellate courts, the U.S. Supreme Court, and court administration and reform. The fifth chapter deals with the roles and functions of lawyers, judges, and prosecutors. The sixth chapter explores evidence needed to convict in criminal cases, due process guarantees, defendant rights, the trial process, determinate and indeterminate sentencing, probation, parole, and executive clemency. The final two chapters look at the civil trial process, the criminal trial process, contingency fees, class action lawsuits, the juvenile justice system, plea bargaining, and alternative dispute resolution methods. References, tables, and figures