Governing States and Localities 6th

Edition Smith Solutions Manual

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 Instructor Resource
Smith/Greenblatt, Governing States and Localities, 6e
CQ Press, 2018

Instructor Manual
Chapter 9 Summary
Chapter 9 introduces state court systems and places the courts in the larger political context. The types
of courts and structures of court systems are explored. The text explores how and why court systems
vary, and how organizational disparities affect judicial processes and outcomes. The selection of justices
is very political, often conflicting with the popular desire to maintain both judicial accountability and
independence. Judicial discretion varies according to judicial selection; election tends to create more
reactive and political institutions. Given the rise of legislative over-criminalization, prosecutors now
enjoy widespread judicial authority.

The chapter concludes with discussion of recent efforts at court reform, noting efforts to curb court
caseloads and reduce the amount of variance in sentencing, nationally and among and within the states.
Efforts to control the influence of external political actors in the judicial selection process are examined.
Attempts to reform state court systems are ongoing and remain controversial.

Lecture Outline
I. Judicial decision making

A. Activist judges

B. Courts and experimental policy

C. Institutional and individual considerations

II. Role and structure of state courts

A. Judicial terminology

1. Settlement or plea bargain

2. Precedent

3. Appeal

B. Criminal cases versus civil cases

C. Trial courts

1. Bench trials

2. General versus limited jurisdiction

D. Appellate courts

1. Prejudicial error
 Instructor Resource
Smith/Greenblatt, Governing States and Localities, 6e
CQ Press, 2018

2. Discretionary versus mandatory jurisdiction

3. En banc versus panels

E. State supreme courts

III. Politics of judicial selection

A. Popular elections and judicial accountability

1. Partisan and nonpartisan

2. Public opinion and judicial decision making

B. Executive and legislative appointments and judicial independence

1. Pure appointive systems

2. Merit selection systems (the Missouri Plan)

C. Tenure and compensation

IV. Judicial actors

A. Prosecutors

1. Prosecutorial authority

2. Judicial discretion

3. Legislative over-criminalization

B. Defense attorneys

1. Public defenders

2. Cutting defense costs

a. Assigned counsel

b. Contract attorneys

C. Juries

1. Jury duty

2. Grand juries

3. Jury selection

a. Voir dire

b. For cause and peremptory challenges

V. Judicial provisions
 Instructor Resource
Smith/Greenblatt, Governing States and Localities, 6e
CQ Press, 2018

A. Defendants’ and victims’ rights

1. Bill of Rights

2. Rise of victims’ rights

B. Criminal classifications

1. Indictment

2. Felony or misdemeanor

3. Jury nullification

C. Sentencing guidelines

1. Indeterminate versus determinate sentencing

2. Mandatory minimum sentencing

3. Habitual offender laws

4. Truth-in-sentencing laws

D. Sentencing uniformity

1. Federal and state disparities

2. Disparities among states

VI. Court reform

A. Increasing caseloads

1. Alternative dispute resolutions

2. Rocket dockets

3. Magistrates

B. Judicial selection

1. Decline of merit systems

2. Unintended political consequences

VII. Conclusion

A. Judicial systems as political institutions

B. Importance of judicial variance across states

 Instructor Resource
Smith/Greenblatt, Governing States and Localities, 6e
CQ Press, 2018

For Discussion
1. Which do you consider more important to judicial decision making: judicial independence or judicial
accountability? Should justices be selected according to merit systems involving nomination
committees, that is, the Missouri Plan, or should they be subject to popular elections? Is it appropriate
to attach party labels to candidates seeking judicial office via popular election?

2. Is it appropriate for justices subject to popular elections to give ideologically based campaign
speeches? Why or why not? Do court systems based on popular elections run the risk of becoming
dominated by external interest groups and political parties? Is it likely that justices who are subject to
voter verification are less likely to follow the rule of law and more likely to base decisions in accordance
with popular opinion?

3. What factors shape and constrain judicial behavior? Do justices engage in “strategic” behavior as
defined by institutional arrangements as well as by political, social, and environmental contexts? How
might electoral districts, margins of victory, political competitiveness, and career goals influence judicial
behavior? Are justices in highly competitive political environments more likely to try to appear
responsive to the electorate as a means of ensuring electoral success?

4. Do you foresee any problems in the lack of sentencing uniformity among the states? For instance,
numerous states, such as Maryland, Michigan, and Kansas, have begun to shy away from mandatory
minimum and truth-in-sentencing guidelines, shifting their focus to rehabilitation and treatment
programs. Do traditional sentencing guidelines in any way weaken the authority of judges and parole
boards? Do they increase incarceration rates and prison costs? Should that be a consideration in dealing
with criminals?

5. Should the states place more emphasis on victims’ rights? What is the danger of ignoring victims’
rights? Defendants’ rights? Are all of these rights equally important from a criminal justice standpoint?
Should they be?

6. Do judges have too much power? What does “legislating from the bench” mean? Is judicial activism a
problem? Or, is interpretation of the law simply judicial prerogative? What policy or institutional
mechanisms are available to reduce judicial power?

7. If the courts are the defenders of minorities against the majority, what dangers are there, if any, in
limiting judicial discretion?