American Courts: Process and Policy (Sixth Edition)

By: Lawrence Baum

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Synopsis: From the preface: One goal of this book is descriptive-to show how courts operate and what they do. I look closely at the work of the various types of courts in the United States. I also examine the people and institutions that help to shape the courts' activities, including lawyers, litigants, and policy makers in the other branches of government. A second goal of the book is to explain what courts do and how they relate to the rest of the political system. To take one example, it is important to know that a high proportion of criminal cases are resolved through plea bargains, but it is also important to understand the forces that make plea bargaining so common. Throughout this book, I consider explanations for matters such as the president's choices of federal judges and the positions that Supreme Court justices take in the cases they decide. The mass media, the general public, and policy makers elsewhere in government constantly evaluate the courts. Much of that evaluation is negative. One consequence is an array of proposals to remedy what people perceive as the courts' failings. This book examines many of these proposals and shows that reforms often fail to achieve the positive effects that were sought. A third goal of the book is to help readers make informed judgments in evaluating both the current state of the courts and proposals for change.