Instructor: Marc G. Gertz

CCJ 5205:  Structure and Process of American Court System

Office: Room 320 Hecht House

Phone: 644-7383  or   681-9955

Email:  mgertz@mailer.fsu.edu

Purpose of the Course:

Employing a system’s approach as a conceptual tool, this course will examine the development and politics of the American court system. Our attention will focus on: the public’s impact on the courts and the court’s impact on the public.

Within this broad framework, our major concern will be with the definitions and processing of criminal law. Understanding the connections between policy choice and policy implementation is crucial for those who wish to reform the courts or have an impact on their operations. Therefore, it is intended that each student will study not just abstract theories and concepts about court administration and court politics, but will empirically investigate the reality of the criminal justice system’s power.
 

Course Requirements:

Your grade for the course will be determined as follows: Term paper, plus, an optional exam. The term paper must be empirical. Since there are only two required books, it is expected that each student will read beyond the required reading. Suggested reading lists will be provided on a regular basis. Class participation is essential for a good grade. Ten percent of your grade is reserved for an assessment of the contribution you make to the class. Part of the contribution will be readings done above and beyond that which is required.
 

Required Books:

Henry J. Abraham, The Judicial Process

Christopher E. Smith, Courts, Politics, and the Judicial Process

Suggested Books: The following books provide an overall perspective for those who wish to strengthen their backgrounds in these areas.

Ball, Howard, Courts and Politics.

Berkson, Larry, Steven hays, and Susan Carbon, Managing the State Courts.

Cole, George F. and Marc Gertz (Editors), Criminal Justice: Law and Politics.

Eistenstein, James and Herbert Jacob, Felony Justice.

Gates, John and Charles Johnson, The American Courts: A Critical Assessment.

Goldman, Sheldon and Thomas P. Jahnige, The Federal Courts as a Political System.

Jahnige, Thomas P., and Sheldon Goldman (editors), The Federal Judicial System.

Richardson, Richard J., and Kenneth N. Vines, The Politics of Federal Courts.

Course Outline and Required Readings:

I.    Introduction

A.    Dual System of Courts

B.    System’s View of Courts

C.    Developing Perceptions of Courts

D.    Man in Society: A Historical, Political View

Required Readings:

Christopher Smith, Courts, Politics, and the Judicial Process. Chapters: 1, 2

John Roche, "The Founding Fathers: A Reform Caucus in Action"  (could not be posted
                                                                                                                    - check office door)

Henry Abraham, The Judicial Process. Chapters: 1, 8, 9

II    Structure and Process of the Federal Courts  (linked to reading list)

A.    Growth and Organization of the Federal Courts

B.    Politics of Federal Courts

1.    Legal v. Democratic Subcultures

2.    Sources and Instruments of Judicial Power

C.    Recruitment to the Courts

D.    Influencing Decisions

Required Readings:

Christopher Smith, Courts, Politics, and the Judicial Process. Chapters: 3,6

Henry Abraham, The Judicial Process. Chapter 2

Gregory Caldiera, Neither the Purse nor the Sword:  Dynamics of Public Confidence in the Supreme Court  (read and find testable propositions) (on door)

Marc Galanter, Afterword:  Explaining Litigation  (on door)

Richardson and Vines, The Politics of Federal Courts or

Goldman and Jahnige, The Federal Courts as a Political System

III.    Public Opinion and the Supreme Court  (linked to reading list)

A.    Democracy and Judicial Review: The Meaning of Federalism

B.    The Supreme Court as a National Policy-Maker

Required Readings:

Henry Abraham, The Judicial Process, Chapter 5 and pgs. 320-330

Braden, The Search for Objectivity in Constitutional Law (Linked to document)

Frankfurter, Some Reflections on the Readings of Statutes   (Linked to document)

Black, The Bill of Rights  (Linked to document)

John Rawls, Justice as Fairness

Christopher Smith, Courts, Politics, and the Judicial Process. Chapters: 8, 9

IV.    Impact Analysis   (linked to reading list)

A.    The Importance of Supreme Court Decisions

B.    Is Everything Justiciable?

Required Readings:

Christopher Smith, Courts, Politics, and the Judicial Process. Chapter 10

V.    Structure and Process of the Lower Criminal Courts (linked to reading list)

A.    Politics and the Administration of Justice

1.    Due Process Model

2.    Crime Control Model

B.    Environment of the Criminal Justice System: Policy-making in a Low Visibility Arena

C.    Internal Working Conditions: Managing the Lower Criminal Courts

D.    Problems of Reliability and Validity in Criminal Justice Research

E.    The Outputs of the Criminal Justice System: An Organizational Analysis

Required Readings:

Christopher Smith, Courts, Politics, and the Judicial Process. Chapter 7

Henry Abraham, The Judicial Process, Chapter 3 and 4.

VI.    European Courts   (linked to reading list)

A.    Ideology and the Court System

B.    The Selection of Judicial Personnel

Required Readings:

Henry Abraham, The Judicial Process, Chapter 6 and pgs. 308-319

VII.    Key Actors in the Criminal Court Process  (linked to reading list)

A.    Prosecutor

B.    Defense Attorney

C.    Court Clerk

D.    Judge

E.    Probation Officer

F.    A Synthesis

Required Readings:

Christopher Smith, Courts, Politics, and the Judicial Process. Chapter 4

VII.    Race and Gender in the Courts (linked to reading list)

IX.    Plea Bargaining (linked to reading list)

A.    Historical Context

B.    Predominance in the Court Room

X.    Organization Theory and the Criminal Justice System

A.    The Allocation of Negative Values

B.    The Need for Comparative Research

C.    The Overreach of the Criminal Law

Required Readings:

Christopher Smith, Courts, Politics, and the Judicial Process. Chapter 11