《JUDICIAL PROCESS IN AMERICA SECOND EDITION》

1 Foundations of Law in the United States1

Sources of Law in the United States2

Types of Law in the United States5

Functions of Law7

The United States and the Rule of Law10

A Litigious Society14

Summary16

2 History, Function, and Organization of the Federal and State Judicial Systems19

The Historical Context20

The U.S. Supreme Court21

The U.S. Courts of Appeals32

U.S. District Courts42

Constitutional Courts and Legislative courts47

The Federal Courts in the American Political System49

State Court Systems52

State Court Organization55

Summary60

3 Administrative and Staff Support in the Judiciary65

The Judicial Administration Movement65

Major Federal Administrative Support Structures69

Personnel Support78

Summary89

4 Lawyers, Litigants, and Interest Groups in the Judicial Process93

Lawyers and the Legal Profession93

Litigants107

Interest Groups in the Judicial Process109

Summary114

5 Jurisdiction, Work Load, and Policy-Making Boundaries of Federal and State Courts119

Federal Courts119

Jurisdiction and Work Load of State Courts127

Jurisdiction and Legislative Politics130

Judicial Self-Restraint131

Summary144

6 The Criminal Court Process147

The Nature and Substance of Crime147

Categories of Crime148

Elements of a Crime152

Procedures Before a Criminal Trial156

Procedures During a Criminal Trial170

Procedures After a Criminal Trial183

Summary188

7 The Civil Court Process191

The Nature and Substance of Civil Law191

The Main Categories of Civil Law192

The Courts and Other Institutions Concerned with Civil Law197

The Civil Trial Process199

Summary212

8 The Federal and State Judges215

Background Characteristics of Federal Judges215

Formal and Informal Qualifications of Federal Judges224

Qualifications and Backgrounds of State Judges229

The Federal Selection Process and Its Participants230

The Selection Process for State Judges240

Policy Links Between the Citizenry, the President, and the Federal Judiciary246

The Judicial Socialization Process259

The Retirement and Removal of Judges263

Summary269

9 The Decision-Making Process275

The Legal Subculture277

The Democratic Subculture283

Summary314

10 Decision Making: The Special Case of Collegial Courts321

Cue Theory322

Small-Group Analysis324

Attitude Theory and Bloc-Formation Analysis340

Fact Pattern Analysis344

Summary346

11 Implementation and Impact of Judicial Policies351

The Impact of Higher-Court Decisions on Lower Courts351

Congressional Influences on the Implementation Process359

Executive Branch Influences on the Implementation Process362

Other Implementors366

The Impact of Judicial Policies368

Summary375

12 Policy Making by American Judges: An Attempt at Synthesis381

The Nature of the Case or Issue381

The Values and Orientations of the Judges384

The Nature of the Judicial Decision-Making Process387

The Impact of Extraneous Influences390

Selected Bibliography393

Index403