Solution and Answer Guide: Neubauer and Fradella, America’s Courts and the Criminal Justice System, 14e, 2026, 9780357763285; Chapter 1: Crime, Law, Courts,
and Controversy
Solution and Answer Guide
NEUBAUER AND FRADELLA, AMERICA’S COURTS AND THE CRIMINAL JUSTICE SYSTEM, 14E,
2026, 9780357763285; C HAPTER 1: CRIME, LAW, COURTS, AND CONTROVERSY
CRITICAL THINKING QUESTIONS
1. Apply the general overview of court structure in the United States (Figure 1.2) to your state and local
community. What are the specific names of the courts at each level? In which federal district and circuit is
your community located?
Answer:
Answers will vary depending on students’ locations. Students should be able to discuss: a) the name of the
trial courts of limited jurisdiction, such as circuit courts, in their area; b) the name of the trial courts of
general jurisdiction, such as district courts, in their area; c) whether their state has an immediate court of
appeals and its name; and d) the name of their appellate court of last resort (usually the supreme court).
Finally, students should identify a) which federal district and b) which federal circuit their community is
located in.
2. Apply the list of actors in the courthouse (Table 1.3) to your local community’s major trial court (where felony
cases are tried). If you live in a rural area, how does your list differ from that of someone who lives in a larger
community? If you live in a large metropolitan area, how does your list differ from that of someone living in a
more rural area?
Answer:
Depending on students’ locations, their answers may vary. Students should identify the lawyers (prosecutor
and defense attorney), the judge, and the court support staff (court reporters, clerks, bailiffs, security
personnel, etc.) and understand that the criminal defendant will be present. Witnesses, the victim, a jury,
and other criminal justice professionals such as forensics investigators and psychiatrists/therapists may also
be present, depending on the crime the defendant is accused of.
If a trial takes place in a metropolitan area, there may be more extensive court personnel, resources, and
security. If the trial takes place in a more rural community, there may be fewer court actors, and law
enforcement may be more likely to represent the county than the municipality.
3. The constitutional rights of the accused are often a controversial topic. The crime control model in
particular decries letting the guilty go free on “technicalities,” whereas the due process model emphasizes
basic rights to prevent the government from railroading defendants into unjust convictions and prevent the
conviction of innocent defendants who are wrongfully accused of crimes. What common ground do these
two approaches share? Where do they disagree most? With which perspective do you find yourself more
aligned? Why?
Answer:
Students should be able to discuss the differences and similarities between the crime control and due
process models. They should identify that both models seek to deter crime and lawbreaking. However, the
due process model is more concerned with protecting the individual liberties of criminal defendants and
limiting the power of law enforcement, while proponents of the crime control method believe that the
criminal justice system should move swiftly against the defendant and that judgments should be final.
Students should explain which approach they agree with the most and why they feel that way.
© 2026 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly 1
accessible website, in whole or in part.
,Solution and Answer Guide: Neubauer and Fradella, America’s Courts and the Criminal Justice System, 14e, 2026, 9780357763285; Chapter 1: Crime, Law, Courts,
and Controversy
4. Nearly all non-English-speaking industrial democracies use the inquisitorial system rather than the
adversary system. In this system, the judge, not the prosecutor or defense attorney, calls and questions
witnesses. Would you prefer being tried under the adversary system or the inquisitorial system? Would you
have confidence in the willingness of the judge to search out evidence for a conviction or an acquittal with
fairness, impartiality, and equal effort?
Answer:
Student answers will vary depending on their opinions. Answers should offer the pros and cons of the
inquisitorial and adversarial systems. Under the inquisitorial system, the judge’s impartiality or lack thereof
would be the biggest factor in determining whether the defendant could receive a fair trial, and the fate of
the defendant resting in the hands of only one person might be a scary proposition to many students.
The adversarial system has a higher chance of impartiality, at least theoretically. However, if a defense
attorney is not as experienced as a prosecutor, or if a jury is biased or does not understand the legal issues,
the procedure could be skewed against the defendant.
Students should ensure that their answer about which system they would prefer is supported by facts.
5. Use newspapers, radio, social media, online forums, and the Internet to monitor discussions concerning the
criminal legal system. Do citizens make distinctions among police, courts, and corrections, or do they lump
everything under the general rubric of the “criminal justice system?”
Answer:
Answers will vary depending on what sources the students looked at, but they should explain whether their
sources differentiated the three main branches of the criminal justice system or generalized and lumped the
different branches together. Students should provide specific examples to support their points and identify
which sources they monitored.
Students might note that some sources generalize more than other sources.
© 2026 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly 2
accessible website, in whole or in part.
,Solution and Answer Guide: Neubauer and Fradella, America’s Courts and the Criminal Justice System, 14e, 2026, 9780357763285; Chapter 2: Federal Courts
Solution and Answer Guide
NEUBAUER AND FRADELLA, AMERICA’S COURTS AND THE CRIMINAL JUSTICE SYSTEM, 14E,
2026, 9780357763285; C HAPTER 2: FEDERAL COURTS
CRITICAL THINKING QUESTIONS
1. To what extent are contemporary debates over the role of the federal government similar to, but also
different from, the debates in the late 18th century.
Answer:
Student answers will vary. Students should be able to identify that the allocation of power between the
national and state governments remains a source of contention today, as it was in the late 18 th century. Most
people today believe that there should be a federal court system, which was hotly debated by the
Federalists. Students might point out, though, that the types of issues that are debated about have changed
dramatically. For example, many people today might look at whether there should be a national ban on
guns or abortion rights or whether these issues should be resolved at the state level.
2. How would the criminal legal system be different today if the Founders had decided not to create a separate
system of federal courts and instead allowed federal laws to be enforced in state courts?
Answer:
Student answers will vary. Students should be able to identify that there would probably be much less
uniformity in laws from state to state and that the states might operate more like individual countries than
one joined system. As an example, the United States might be more akin to the European Union. Also,
criminal defendants would not have one set of constitutional protections and would not be able to appeal
their conviction out of state court.
3. How would you reduce the federal court caseload? In considering where you would reduce federal court
jurisdiction, also consider where you might increase it. What do your choices reflect about your political
values?
Answer:
Answers will vary, depending on student opinions. Students should be able to discuss some of the
recommendations from the Report of the Federal Courts Study Committee issued in 1990, such as limiting
prisoners’ ability to file civil rights lawsuits, abolishing federal diversity jurisdiction cases except in very
specific circumstances, and abolishing federal crimes where there is concurrent jurisdiction between state
and federal courts. They might also discuss creating additional Article I courts.
Some solutions reflect divisions along the lines of the due process versus crime control models of justice,
which were discussed in Chapter 1.
4. To what extent does the debate over federalization of state crimes cut across traditional ideological values
as represented in the due process model and the crime control model?
Answer:
Student answers will vary. Students should remember from Chapter 1 that the due process model of crime
is more concerned about the rights of criminal defendants. This would be more in keeping with a stronger
federal justice system, which would allow criminal defendants and prisoners to appeal to the federal level if
they feel their rights are being violated at the state level. Having the federal process ensures an additional
layer of oversight and allows for certain protections to be applied across all states. The crime control
© 2026 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly 1
accessible website, in whole or in part.
, Solution and Answer Guide: Neubauer and Fradella, America’s Courts and the Criminal Justice System, 14e, 2026, 9780357763285; Chapter 2: Federal Courts
model, however, which prefers the finality of verdicts and an expedited criminal process, would typically
prefer issues to be decided at the state level.
5. Federal law enforcement is limited in scope but subject to considerable public attention. Why?
Answer:
Student answers will vary. Students might discuss that the vast majority of criminal cases are resolved in
state and local courts. They might reference Figure 2.3, which depicts the types of federal criminal
prosecutions in 2023, the majority of which are violations of drug laws, immigration offenses, and crimes
involving firearms or explosives. The public attention may be due to the fact that these crimes are usually
in the media spotlight and are of interest to everyone in the country since they pertain to all.
© 2026 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly 2
accessible website, in whole or in part.
and Controversy
Solution and Answer Guide
NEUBAUER AND FRADELLA, AMERICA’S COURTS AND THE CRIMINAL JUSTICE SYSTEM, 14E,
2026, 9780357763285; C HAPTER 1: CRIME, LAW, COURTS, AND CONTROVERSY
CRITICAL THINKING QUESTIONS
1. Apply the general overview of court structure in the United States (Figure 1.2) to your state and local
community. What are the specific names of the courts at each level? In which federal district and circuit is
your community located?
Answer:
Answers will vary depending on students’ locations. Students should be able to discuss: a) the name of the
trial courts of limited jurisdiction, such as circuit courts, in their area; b) the name of the trial courts of
general jurisdiction, such as district courts, in their area; c) whether their state has an immediate court of
appeals and its name; and d) the name of their appellate court of last resort (usually the supreme court).
Finally, students should identify a) which federal district and b) which federal circuit their community is
located in.
2. Apply the list of actors in the courthouse (Table 1.3) to your local community’s major trial court (where felony
cases are tried). If you live in a rural area, how does your list differ from that of someone who lives in a larger
community? If you live in a large metropolitan area, how does your list differ from that of someone living in a
more rural area?
Answer:
Depending on students’ locations, their answers may vary. Students should identify the lawyers (prosecutor
and defense attorney), the judge, and the court support staff (court reporters, clerks, bailiffs, security
personnel, etc.) and understand that the criminal defendant will be present. Witnesses, the victim, a jury,
and other criminal justice professionals such as forensics investigators and psychiatrists/therapists may also
be present, depending on the crime the defendant is accused of.
If a trial takes place in a metropolitan area, there may be more extensive court personnel, resources, and
security. If the trial takes place in a more rural community, there may be fewer court actors, and law
enforcement may be more likely to represent the county than the municipality.
3. The constitutional rights of the accused are often a controversial topic. The crime control model in
particular decries letting the guilty go free on “technicalities,” whereas the due process model emphasizes
basic rights to prevent the government from railroading defendants into unjust convictions and prevent the
conviction of innocent defendants who are wrongfully accused of crimes. What common ground do these
two approaches share? Where do they disagree most? With which perspective do you find yourself more
aligned? Why?
Answer:
Students should be able to discuss the differences and similarities between the crime control and due
process models. They should identify that both models seek to deter crime and lawbreaking. However, the
due process model is more concerned with protecting the individual liberties of criminal defendants and
limiting the power of law enforcement, while proponents of the crime control method believe that the
criminal justice system should move swiftly against the defendant and that judgments should be final.
Students should explain which approach they agree with the most and why they feel that way.
© 2026 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly 1
accessible website, in whole or in part.
,Solution and Answer Guide: Neubauer and Fradella, America’s Courts and the Criminal Justice System, 14e, 2026, 9780357763285; Chapter 1: Crime, Law, Courts,
and Controversy
4. Nearly all non-English-speaking industrial democracies use the inquisitorial system rather than the
adversary system. In this system, the judge, not the prosecutor or defense attorney, calls and questions
witnesses. Would you prefer being tried under the adversary system or the inquisitorial system? Would you
have confidence in the willingness of the judge to search out evidence for a conviction or an acquittal with
fairness, impartiality, and equal effort?
Answer:
Student answers will vary depending on their opinions. Answers should offer the pros and cons of the
inquisitorial and adversarial systems. Under the inquisitorial system, the judge’s impartiality or lack thereof
would be the biggest factor in determining whether the defendant could receive a fair trial, and the fate of
the defendant resting in the hands of only one person might be a scary proposition to many students.
The adversarial system has a higher chance of impartiality, at least theoretically. However, if a defense
attorney is not as experienced as a prosecutor, or if a jury is biased or does not understand the legal issues,
the procedure could be skewed against the defendant.
Students should ensure that their answer about which system they would prefer is supported by facts.
5. Use newspapers, radio, social media, online forums, and the Internet to monitor discussions concerning the
criminal legal system. Do citizens make distinctions among police, courts, and corrections, or do they lump
everything under the general rubric of the “criminal justice system?”
Answer:
Answers will vary depending on what sources the students looked at, but they should explain whether their
sources differentiated the three main branches of the criminal justice system or generalized and lumped the
different branches together. Students should provide specific examples to support their points and identify
which sources they monitored.
Students might note that some sources generalize more than other sources.
© 2026 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly 2
accessible website, in whole or in part.
,Solution and Answer Guide: Neubauer and Fradella, America’s Courts and the Criminal Justice System, 14e, 2026, 9780357763285; Chapter 2: Federal Courts
Solution and Answer Guide
NEUBAUER AND FRADELLA, AMERICA’S COURTS AND THE CRIMINAL JUSTICE SYSTEM, 14E,
2026, 9780357763285; C HAPTER 2: FEDERAL COURTS
CRITICAL THINKING QUESTIONS
1. To what extent are contemporary debates over the role of the federal government similar to, but also
different from, the debates in the late 18th century.
Answer:
Student answers will vary. Students should be able to identify that the allocation of power between the
national and state governments remains a source of contention today, as it was in the late 18 th century. Most
people today believe that there should be a federal court system, which was hotly debated by the
Federalists. Students might point out, though, that the types of issues that are debated about have changed
dramatically. For example, many people today might look at whether there should be a national ban on
guns or abortion rights or whether these issues should be resolved at the state level.
2. How would the criminal legal system be different today if the Founders had decided not to create a separate
system of federal courts and instead allowed federal laws to be enforced in state courts?
Answer:
Student answers will vary. Students should be able to identify that there would probably be much less
uniformity in laws from state to state and that the states might operate more like individual countries than
one joined system. As an example, the United States might be more akin to the European Union. Also,
criminal defendants would not have one set of constitutional protections and would not be able to appeal
their conviction out of state court.
3. How would you reduce the federal court caseload? In considering where you would reduce federal court
jurisdiction, also consider where you might increase it. What do your choices reflect about your political
values?
Answer:
Answers will vary, depending on student opinions. Students should be able to discuss some of the
recommendations from the Report of the Federal Courts Study Committee issued in 1990, such as limiting
prisoners’ ability to file civil rights lawsuits, abolishing federal diversity jurisdiction cases except in very
specific circumstances, and abolishing federal crimes where there is concurrent jurisdiction between state
and federal courts. They might also discuss creating additional Article I courts.
Some solutions reflect divisions along the lines of the due process versus crime control models of justice,
which were discussed in Chapter 1.
4. To what extent does the debate over federalization of state crimes cut across traditional ideological values
as represented in the due process model and the crime control model?
Answer:
Student answers will vary. Students should remember from Chapter 1 that the due process model of crime
is more concerned about the rights of criminal defendants. This would be more in keeping with a stronger
federal justice system, which would allow criminal defendants and prisoners to appeal to the federal level if
they feel their rights are being violated at the state level. Having the federal process ensures an additional
layer of oversight and allows for certain protections to be applied across all states. The crime control
© 2026 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly 1
accessible website, in whole or in part.
, Solution and Answer Guide: Neubauer and Fradella, America’s Courts and the Criminal Justice System, 14e, 2026, 9780357763285; Chapter 2: Federal Courts
model, however, which prefers the finality of verdicts and an expedited criminal process, would typically
prefer issues to be decided at the state level.
5. Federal law enforcement is limited in scope but subject to considerable public attention. Why?
Answer:
Student answers will vary. Students might discuss that the vast majority of criminal cases are resolved in
state and local courts. They might reference Figure 2.3, which depicts the types of federal criminal
prosecutions in 2023, the majority of which are violations of drug laws, immigration offenses, and crimes
involving firearms or explosives. The public attention may be due to the fact that these crimes are usually
in the media spotlight and are of interest to everyone in the country since they pertain to all.
© 2026 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly 2
accessible website, in whole or in part.
