I have to confess that I find it difficult to grasp exactly what Courts and Trials sets out to achieve, and towards whom it is aimed. The preface says that the book “provides a comprehensive overview of courts and trial processes, including the functions of courts for society” and “examines important debates about how courts and trials might be improved”, as well as providing information about the history of courts and trials, and an extensive list of resources for further information. I do not say that this is inaccurate or misleading, but that it is perhaps rather ambitious for a relatively slim volume. There is a mix of information: analysis, chronology, biography, and lists of print, Web and audio‐visual resources, and I am left with the impression that the book’s focus is somewhat ill‐defined, and that it merely scratches the surface of the material it attempts to cover.
This book is neither a straightforward reference guide nor an in‐depth analysis of court systems, nor is it a descriptive or explanatory textbook outlining the court system of any one country. Though the first chapter deals with the general structure of court systems and trial processes, this is dealt with in outline; the approach overall attempts to be somewhat more ideological and courts are discussed, albeit very briefly, in terms of their role and functions as social, cultural and governmental institutions. Thus, there are sections on the image and legitimacy of courts, norm enforcement, rights in the criminal trial process, and the role of the court as a buffer between citizen and government. The second chapter is devoted to issues such as methods for selecting judges, the adversarial as compared with the inquisitorial system, and the capacity of citizen‐jurors to make judicial decisions, which generate debate about how courts and trial processes might be refined and improved. The discussion in these opening chapters is not, however, developed to any great depth and really just provides an overview of, or introduction to, these issues.
Also worth noting is that though Courts and Trials attempts to discuss the concept of courts in general rather than geographically specific terms; it is an US publication and its focus is very much on courts in the USA. Illustrations and examples are drawn from the USA, with some limited reference to British and European courts largely for the purposes of comparison.
Setting the tone for the remainder of the book, chapter three departs from general conceptual discussion and sets out a chronological overview of major events in the development of courts. Again, the primary focus is on the USA (there are no references to courts in mainland Europe and entries relating to courts in the UK cease after the mid‐fourteenth century). Major landmarks noted include the Salem witch trials, the drafting of the US constitution, the ratification of the Bill of Rights (and thus, the Fifth Amendment), and the trials of O.J. Simpson and of the police officers involved in the assault of Rodney King.
Chapter four contains short biographical sketches of individuals who are thought to have played important roles in the development of courts, trials and legal principles. They are all American, and include attorneys, judges and reformers. Chapter five includes primary source material such as provisions of the US Constitution and decisions of the US Supreme Court. Chapter six gives brief information and contact detail for agencies and organizations such as the American Bar Association, the Court Service of England and Wales and the US Department of Justice. Again, the balance is heavily in favour of US organizations. Finally, chapter seven comprises an annotated bibliography of print, Web and audio‐visual resources, including research studies, overviews of specific court systems and processes, accounts of famous trials and biographies of judges and lawyers. The non‐print resources consist of an eclectic mix of educational and instructional videos, documentaries, and Hollywood films. The book is indexed, and there is a short but useful glossary of those terms that we often think we know the meaning of but probably do not quite, for example “habeas corpus”, “three strikes” and “double jeopardy”.
As I have said, I am not entirely sure who this book is aimed at or who would find it useful other than perhaps students seeking an introduction to the US legal system and a gateway to further reading.
