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图书目录: PREFACE
PART I INTRODUCTION TO AMERICAN LAW THE DEVELOPMENT OF THE AMERICAN LEGAL SYSTEM Popular Attitudes toward American Justice Perspectives on the legal system 1 The aspirations of American society The Historical Development of American Law Types of legal systems 8 Separation of powers and federalism Law, Lawyers, and American Society A real estate question 15 A prisoner's rights question An environmental question 17 A divorce question Diverse Bodies of Law The common law 19 The U.S. Constitution 21 Statutory law Foreign influences on American law The Evolution of American Law Selected Additional Readings THE COURTS The Court Setting The Variety of American Courts The historical development of American courts 29 Responsibilities of federal and state courts 31 The benefits and drawbacks of a dual court system The Scheme of State Courts A traffic court case 36 A municipal court case 37 The nature of local courts 38 A county court case 41 The nature of state trial courts 43 An appellate court case The nature of state appellate courts The Scheme of Federal Courts A district court case 47 The nature of federal district courts An appellate court case 51 The nature of federal appellate courts The U.S. Supreme Court The Purposes of Courts Selected Additional Readingsw PART II KEY PARTICIPANTS IN THE AMERICAN LEGAL SYSTEM THE JUDGE The Judicial Profession Selection of judges 60 The judicial staff 66 Judicial behavior The Roles of the American Judge Acting as a referee in court 72 Decision making in bench trials Decision making in jury trials 74 Sentencing Deciding appeals 77 Acting as legal historian and philosopher Formulating Legal Opinions Judicial philosophies 84 The judicial role 85 Activism versus restraint 86 Judicial innovation 89 Judicial policymaking The Status of American Judges Selected Additional Readings THE LAWYER Public Perceptions of the Legal Profession Varieties of American Lawyers Public interest and government lawyers 103 Solo practitioners In-house counsels 109 Law firm associates and partners Miscellaneous employment The Practice of Law in the United States The role of counsel 117 Professional dilemmas 120 Legal fees The lifestyle of a lawyer Selected Additional Readings 5 THE JURY Historical Development Jury Duty Summoning jurors 130 Jury duty: burdens and benefits The Voir Dire Problems and criticisms The Grand Jury The function of a grand jury 135 Serving as a grand juror A grand jury in session 137 The information 138 Grand jury decisions The Trial Jury A jury trial in theory and practice 140 The dynamics of jury deliberations The Usefulness of American Juries A defense of the grand jury 145 A critique of the grand jury A critique of the trial jury 146 A defense of the trial jury A Third Perspective Eliminating grand juries 153 Reforming trial juries Assessing Juries Selected Additional Readings 6 THE POLICE Crime in America Types of Police Forces The local police 162 The federal police 165 From nadonal to international police work The Role of the Police in the Legal System The arrest 174 Booking 175 Interrogation 176 The police report Police Misconduct Brutality 178 Graft 180 Illegitimate crime control Curbing misconduct 181 Search and seizure 182 Establishing the exclusionary rule 183 Analyzing the exclusionary rule Changing search and seizure standards viii CONTENTS Reform of Law Enforcement Specific reforms Selected Additional Readings PART Ill THE ADVERSARIAL SYSTEM IN ACTION 7 CRIMINAL PROCEEDINGS American Criminal Justice in Action The criminal complaint 197 Bringing charges The arraignment 200 Plea-bargaining negotiations Bail 203 Trial preparation The Steps in a Criminal Trial The opening statement 207 The case- in-chief Direct examination of witnesses 209 Cross-examination of witnesses 211 The defendant's case Closing arguments 217 The verdict Prisons Types of prisons and prisoners 220 Early problems in American prisons 223 Reform of the prison system 225 Prisoners' rights With Justice for All? Selected Additional Readings CIVIL PROCEEDINGS 8 Civil Causes of Action Initial Steps in a Civil Trial The civil complaint 235 Jurisdiction, venue, and standing The answer 239 Participation in the court process Trial Preparation Conducting discovery 241 Policing discovery 245 The rationale for discovery 246 Motions 248 Pre-trial conference The Civil Trial The course of the civil trial 250 The iudgment Post-Trial Proceedings Enforcement of the judgment Differences Between Civil and Criminal Trials Standards of proof 254 Settlement 255 Frequency of bench trials Administrative Proceedings With Justice for All? Selected Additional Readings PART IV ASSESSING THE AMERICAN LEGAL SYSTEM 9 TRAINING AND REGULATION Training within the Legal System The law school experience 264 Assessing legal education Legal thinking The Regulation of Lawyers The bad eggs of the profession 274 The bar examination The bar associations An Oversupply of Lawyers? Modernization 281 Increased lawmaking 282 The structure of legal education 283 The drumming up of legal business Systemic encouragement of lawsuits 285 Familiarity with the legal system 287 An innovative court system 288 Benefits and drawbacks Selected Additional Readings 1 0 ASSESSING JUSTICE IN AMERICA Positive Aspects of the American Legal System Its adversarial nature 292 Citizen involvement 295 Strong judicial tradition 296 Protection of defendants' rights A Critique of the American Legal System Justice to the wealthy 298 Excessive delay 300 Plea bargaining The Difficulties of Reform Borrowing from other legal systems CONTENTS AND ABBREVIATIONS Conclusion Selected Additional Readings GLOSSARY OF LEGAL TERMS ABOUT THE AUTHOR ACKNOWLEDGMENTS INDEX CASES CITED |