In December 2023, Kate Cox, a 31-year-old mother of two young children, found herself entangled in a legal battle with the state of Texas as she sought an abortion following the diagnosis of severe health-related issues with her fetus, including Trisomy 18, a fatal chromosomal condition, and a spinal abnormality. Court filings emphasized the dire prognosis, stating that there was “virtually no chance that their baby would survive to birth or long afterward” (as cited in Sasani, 2023, para. 3). Moreover, the continuation of the pregnancy posed life-threatening risks to Cox herself, putting her life and reproductive systems in jeopardy. Despite the undeniable unviability of the fetus and the critical risks to the pregnant mother, Cox faced insurmountable hurdles due to Texas’s stringent abortion laws. In response, she filed an emergency lawsuit, seeking judicial permission for her OB-GYN to perform the abortion without fear of prosecution, arguing that her situation fell within the medical exceptions outlined in Texas’s abortion laws (In re State, 2023). Despite a favorable initial ruling by a lower court judge, the conservative Texas Attorney General, Ken Paxton, filed an appeal to overturn the decision, leveraging the state’s unique law allowing private individuals to sue doctors involved in illegal abortions, significantly narrowing the potential medical exceptions in the state’s already restrictive abortion laws. Only hours later, the Texas Supreme Court, dominated by Republican justices, sided with Paxton, prohibiting Cox from obtaining the needed abortion within the state and compelling her to seek the procedure in another state (Sasani, 2023).

While the U.S. Constitution does not explicitly enumerate a right to privacy, a series of court rulings over the years have recognized various aspects of this right, including the crucial right of medical privacy. In the 1965 landmark case of Griswold v. Connecticut, the U.S. Supreme Court asserted the constitutional right of married women to access contraceptives, laying a foundation for the subsequent Roe v. Wade decision in 1973. This watershed ruling extended the right to privacy to encompass a woman’s choice to terminate a pregnancy. The 1992 challenge to Roe v. Wade in Planned Parenthood v. Casey reinforced women’s right to privacy, affirming that states cannot impose significant obstacles for abortions before 24 weeks. For nearly six decades, the right to choose to terminate a pregnancy was encapsulated within the broader framework of the right to privacy. However, the landscape shifted dramatically in 2022 with the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization ruling, eliminating the classification of the right to choose as a right to privacy. This shift empowered state legislators as primary regulators on abortion, curtailing women’s autonomy in decisions crucial to their lives, families, and bodies.

This deeply contentious criminalization of abortion in specific states has fundamentally reshaped the landscape of a once-recognized right, sparking numerous legal challenges across the country. These debates introduce ethical complexities, delving into questions about a woman’s autonomy over their body, the right to privacy, and the delicate balance between individual rights and societal interests. The uncertainty surrounding the legal status of abortion, coupled with often lengthy court processes, can have tangible consequences for women in need of timely reproductive healthcare. Court delays and legal restrictions can impede access to safe and legal abortion services, potentially exacerbating physical and emotional distress, particularly in cases where abortions are essential to preserving a woman’s health or life.

As you engage with this chapter, reflect on the intricate dynamics between court rulings and the rights afforded to U.S. citizens. Consider how these legal decisions influence societal consensus surrounding actions deemed criminal and the impact of these rulings on the very fabric of our collective American values. Delve into the profound impact that shifts in court rulings can exert on society, recognizing the intricate interplay between these legal determinations and our individual freedoms. Acknowledge the far-reaching consequences of such decisions, understanding the crucial effects they have on individuals’ lives and the broader tapestry of our interconnected society. In exploring these themes, reflect on the delicate balance between legal frameworks and personal liberties, appreciating the complexity inherent in the evolving relationship between the law and the people it governs.

Figure 9.1

Overview

Criminal courts serve as the backbone of the American legal system, exerting a profound influence on the fabric of everyday life and molding societal norms. These courts act as arbiters of justice , deciphering and applying laws that delineate acceptable behavior within American society. Beyond merely adjudicating criminal offenses, their judgements contribute to the evolution of social norms , ideally, reflecting the collective values and expectations of society. Landmark decisions in these courts set precedent with repercussions extending beyond the boundaries of the courtroom. These decisions establish new standards, offering vital guidance to individuals and communities alike, shaping the course of justice and influencing social norms. Such cases often spark public debate, catalyzing legislative changes and shifts in public opinion. The sentences administered by criminal courts not only affect the lives of the convicted but also educate the broader populace about the potential consequences of certain actions. In this way, criminal courts play a pivotal role in the ongoing negotiation and definition of societal norms, delicately maintaining the balance between individual liberties with societal expectations.

The following chapter embarks on an exploration of American Criminal Courts—a journey through the intricate tapestry of justice that has unfolded over centuries. Our narrative begins with a glimpse into the roots of the American legal system, detailing the early practices of Colonial America shaped by the contours of English common law. This historical foundation laid the groundwork for the evolution of the American court system, culminating in the establishment of the Adversarial System—a pivotal development that fundamentally influenced the course of justice.

Our journey then leads us through the complex landscape of the Dual Court System. As we unravel the intricate interplay between federal and state jurisdictions, we give close examination of how these two realms of authority coexist. Within this legal mosaic, we shed light on the integration of tribal courts, recognizing the diversity of legal structures that constitute the American justice system.

As we progress, the spotlight shifts to the courtroom and trial, delving into the multifaceted roles of courtroom actors and the intricacies of the trial process. We dissect the intricate mechanisms of justice, revealing the processes that lead to verdicts and punishments. Then we proceed with an investigation of punishment and sentencing, detailing the mechanisms guiding the judicial determination of consequences.

In the final portion of this chapter, we engage in thoughtful discussion about the challenges and controversies casting shadows over the justice system. Delving into the disquieting realm of the “tough on crime” approach, contemplating the imperfections that hinder the pursuit of justice within a system designed to safeguard truth and fairness.

Figure 9.2

This chapter invites you to traverse the vast terrain of American Criminal Courts—a realm where the echoes of history resonate in contemporary legal practices amid the ongoing pursuit of justice. Join us as we proceed to unravel the layers of this intricate tapestry, discovering the complexities, triumphs, and challenges that define the evolving American justice system.