《JUDICIAL PROCESS IN AMERICA》

1 Foundations of Law in the United States1

Sources of Law in the United States1

Types of Law in the United States4

Functions of Law6

The United States and the Rule of Law9

A Litigious Society12

Summary14

2 History, Function, and Organization of the Federal and State Judicial Systems17

The Historical Context17

The U.S. Supreme Court19

The U.S. Courts of Appeals31

U.S. District Courts40

Constitutional Courts and Legislative Courts45

The Federal Courts in the American Political System47

State Court Systems49

State Court Organization52

Summary55

3 Administrative and Staff Support in the Judiciary59

The Judicial Administration Movement59

Major Administrative Support Structures63

Personnel Support73

Summary81

4 Lawyers, Litigants, and Interest Groups in the Judicial Process85

Lawyers and the Legal Profession85

Litigants99

Interest Groups in the Judicial Process101

Summary105

5 Jurisdiction, Workload, and Policy-Making Boundaries of Federal and State Courts109

Federal Courts109

Jurisdiction and Workload of State Courts117

Jurisdiction and Legislative Politics119

Judicial Self-Restraint120

Summary131

6 The Criminal Court Process135

The Nature and Substance of Crime135

Categories of Crime136

Elements of a Crime140

Procedures Before a Criminal Trial144

Procedures During a Criminal Trial158

Procedures After a Criminal Trial168

Summary173

7 The Civil Court Process177

The Nature and Substance of Civil Law177

The Main Categories of Civil Law178

The Courts and Other Institutions Concerned with Civil Law183

The Civil Trial Process185

Summary198

8 The Federal and State Judges201

Background Characteristics of Federal Judges201

Formal and Informal Qualifications of Federal Judges210

Qualifications and Backgrounds of State Judges214

The Federal Selection Process and Its Participants215

The Selection Process for State Judges224

Policy Links Between the Citizenry, the President, and the Federal Judiciary229

The Judicial Socialization Process240

The Retirement and Removal of Judges244

Summary249

9 The Decision-Making Process255

The Legal Subculture257

The Democratic Subculture263

Summary292

10 Decision Making: The Special Case of Collegial Courts297

Cue Theory297

Small-Group Analysis300

Attitude Theory and Bloc-Formation Analysis315

Fact Pattern Analysis319

Summary321

11 Implementation and Impact of Judicial Policies327

The Impact of Upper-Court Decisions on Lower Courts327

Congressional Influences on the Implementation Process335

Executive Branch Influences on the Implementation Process338

Other Implementors341

The Impact of Judicial Policies344

Summary350

12 Policy Making by American Judges: An Attempt at Synthesis355

The Nature of the Case or Issue355

The Values and Orientations of the Judges358

The Nature of the Judicial Decision-Making Process361

The Impact of Extraneous Influences364

Selected Bibliography367

Index377