Criminal Justice in Action 11th Edition By Larry Gaines, Roger LeRoy Miller TEST BANK

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Chapter 01: Criminal Justice Today

Indicate whether the statement is true or false.

1. The vast majority of face-to-face interactions taking place between police and civilians are routine and fail to generate any public interest. a. True b. False 2. The most common form of criminal activity in the United States is property crime. a. True b. False 3. The hierarchical structure of organized crime operations often mirrors that of legitimate businesses. a. True b. False 4. The consensus model assumes that a diverse group of people cannot have similar morals and values. a. True b. False 5. A shooting of four or more people, including the assailant, whether killed or injured, constitutes a mass shooting. a. True b. False 6. Civil liberties are the basic rights and freedoms guaranteed to American citizens by the U.S. Constitution, particularly the Bill of Rights. a. True b. False 7. The United States has a dual court system, meaning that we have two independent court systems, one at the federal level and the other at the state level. a. True b. False 8. The ideals of federalism can clearly be seen in the local, state, and federal levels of law enforcement. a. True b. False 9. Larceny is the act of taking property from another person without the use of force with the intent of keeping that property. a. True b. False

Indicate the answer choice that best completes the statement or answers the question.

10. Which amendment to the Constitution states “A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed”?

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Chapter 01: Criminal Justice Today a. the Second Amendment b. the Eleventh Amendment c. the Third Amendment d. the Eighth Amendment e. the Fourteenth Amendment 11. According to the conflict model, what is deemed criminal activity is determined by ______. a. the largest segment of the population b. a mutual consensus among citizens c. the most politically powerful segment of society d. the segment of society comprised of criminal justice professionals e. general agreement among the majority group 12. What bill/act requires background checks to be conducted on individuals before a firearm may be purchased from federally licensed gun dealers? a. NRA Bill b. National Firearms Act (NFA) c. Check 21 Act d. Brady Bill e. Gun Control bill 13. Public order crimes are sometimes referred to as ______. a. violent crimes b. legal crimes c. victimless crimes d. felony crimes e. property crimes 14. What is the act of taking property from another person through force, threat of force, or intimidation? a. assault b. burglary c. battery d. robbery e. kidnapping 15. The dual court system refers to ______. a. local and state court systems b. federal and state court systems c. criminal and civil court systems d. adult and juvenile court systems e. state and county civil court systems 16. Illegal gambling, prostitution, racketeering, and extortion are all examples of what type of crime? a. victimless crime Powered by Cognero

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Chapter 01: Criminal Justice Today b. transnational crime c. white-collar crime d. public order crime e. organized crime 17. Prisons are administered by what agencies? a. counties b. municipalities c. states and the federal government d. courts e. police 18. What act/bill requires federally licensed firearms dealers to perform background checks on prospective firearms purchasers to ensure that the firearm transfer would not violate federal, state, or local law? a. Gun Control act b. NRA Bill c. Check 21 Act d. National Firearms Act (NFA) e. Brady Bill 19. Which term implies that different groups of citizens have widely varying opinions on controversial issues of morality and criminality? a. conflict model b. consensus model c. survey consensus d. public forum e. political consensus 20. What crime can be described as a threat or an attempt to do violence to another person that causes that person to fear immediate physical harm? a. larceny b. deviance c. battery d. assault e. murder 21. The concept of public order crimes is linked to the ______. a. conflict model b. due process model c. consensus model d. deviance model e. public forum 22. Business-related crimes are popularly referred to as ______.

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Chapter 01: Criminal Justice Today a. high-tech crime b. white-collar crime c. breaking and entering d. organized crime e. victimless crime 23. Violent crimes include which of the following? a. theft b. prostitution c. burglary d. breaking and entering e. sexual assault 24. Persons who may be prohibited from purchasing a firearm as a result of data obtained from the NICS background check include any person who has been involuntarily committed to what? a. mental institution b. hospital c. military d. house arrest e. jail 25. Which of the following is the main purpose of the modern criminal justice system? a. retribution for the victims b. incapacitating offenders c. providing and maintaining justice d. enforcing society’s shared moral code e. increasing arrests 26. About how many people per year are denied firearm purchases due to mental health issues? a. 9,000 b. 6,500 c. 5,500 d. 3,000 e. 10,000 27. In 2016, which state permitted “open carry,” the term for allowing people to carry firearms in plain sight with a valid permit? a. New York b. Texas c. Washington d. California e. Arizona 28. What are the two main purposes of the criminal justice system?

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Chapter 01: Criminal Justice Today a. Arrest criminals and sentence offenders. b. Maintain justice and protect society c. Provide medical attention and arrest criminals. d. Prosecute criminals and protect victims. e. Investigate crimes and sentence offenders 29. Community-based correctional facilities include which of the following? a. halfway houses b. labor camps c. childcare d. appeals center e. colleges 30. How many independent judicial systems are in the United States? a. three b. fifteen c. two d. four e. ten 31. The consensus model ______. a. bases most group influence on class, income, age, and race b. helps to understand the difference between crime and deviance c. assumes that a diverse group of people can have different morals d. rests on the assumption that members of a group will share similar norms and values e. deems criminal activity by whichever group is holding power 32. What is a characteristic of crime? a. punishable by sanctions based on laws that bring about loss of freedom or life b. punishable under civil law as determined by the majority c. prosecuted by victims and their relatives or friends d. considered an offense against a society as an individual e. behavior that does conforms to the norms of the society 33. What is a characteristic of critical thinking in dealing with ethical challenges? a. only acting ethically with victims b. governing moral principles c. intuitive decision making d. discretion e. developing analytical skills 34. Which of the following regulates gun ownership and purchasing a firearm? a. background checks b. family health issues review Powered by Cognero

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Chapter 01: Criminal Justice Today c. polygraph tests d. unpaid taxes e. personal medical issues 35. Which of the following is considered cybercrime? a. robbery b. identity theft c. terrorism d. gambling e. burglary 36. Which individual compared the ideal criminal justice process to an assembly line “down which moves an endless stream of cases, never stopping”? a. James Allen Fox b. Herbert Packer c. James Q. Wilson d. Cesare Beccaria e. Antonin Scalia 37. The text refers to the judge, prosecutors, and defense attorneys in a criminal court as the court’s ______. a. functional unit b. work group c. professional staff d. justice team e. court team 38. The conflict model states that the group that happens to be holding power has the most influence on what? a. politics b. offenses c. international laws d. civil laws e. criminal laws 39. Crimes against persons such as murder or sexual assault are referred to as what type of crimes? a. violent b. property c. organized d. white collar e. victimless 40. A rise in cybercrime is directly related to an increased dependence on what type of technology in the processes of everyday life? a. cameras b. computers Powered by Cognero

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Chapter 01: Criminal Justice Today c. microphones d. wiretapping e. tracking devices 41. The act of physically contacting another person with the intent to do harm is known as what type of crime? a. kidnapping b. theft c. murder d. battery e. rape 42. What type of acts become crimes only when society as a whole, through its legislatures, determines that those acts should be punished? a. criminal b. deviant c. civil d. offense e. sanction 43. What crime occurs when cash or other goods are taken from a person by force or fear? a. burglary b. kidnapping c. robbery d. theft e. assault 44. What is the theft of property not accomplished by force classified as? a. burglary b. robbery c. assault d. larceny e. theft 45. What type of crime is defined as Illegal acts carried out by illegal organizations? a. organized b. violent c. property d. drug e. victimless 46. What can be defined as the ability of individuals in the criminal justice system to make operational decisions based on personal judgment? a. deviance b. ethics Powered by Cognero

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Chapter 01: Criminal Justice Today c. decision making d. discretion e. interpretation 47. A public order crime is sometimes referred to as what type of crime? a. violent b. organized c. drug d. property e. victimless 48. A form of government in which a written constitution provides for a division of powers between state and federal government is known as what? a. Bill of Rights b. federalism c. amendments d. system e. law enforcement 49. What is the interlocking network designed to enforce criminal laws and protect society from criminal behavior? a. functional unit b. work group c. professional staff d. criminal justice system e. court team 50. What agency is responsible for policing infractions on public highways and freeways? a. state highway patrol b. city police c. corrections d. sheriff’s department e. federal agency 51. What part of corrections is the most common correctional sanction? a. sentencing b. release c. incarceration d. parole e. probation 52. Work release centers and halfway houses are forms of what type of corrections? a. probation b. parole c. community based Powered by Cognero

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Chapter 01: Criminal Justice Today d. incarceration e. sentencing 53. The most frequent type of release from jail or prison is by what type of corrections? a. probation b. parole c. community-based d. incarceration e. sentencing 54. What model refers to general agreement among the majority of any particular group? a. conflict b. criminal justice c. informal criminal justice d. discretion e. consensus 55. What is a group of people, usually three or more, who share a common identity and engage in illegal activities? a. criminal group b. street gang c. prison gang d. international team e. juvenile gang 56. What type of crime uses or threatens staged acts of violence to achieve political objectives? a. burglary b. cybercrime c. terrorism d. property e. violent

Indicate whether the statement is true or false.

57. The informal model of criminal justice does not operate within the rigid confines of formal rules and laws. a. True b. False

Indicate the answer choice that best completes the statement or answers the question.

58. What term refers to orders that allow family members to petition a court to temporarily bar someone from possessing a firearm? a. specialized control b. red flag c. extreme risk protection Powered by Cognero

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Chapter 01: Criminal Justice Today d. mentally defective e. background checks 59. In scenarios where officers use discretion, what term refers to the decision based upon an automatic response determined by a person’s background and experiences? a. critical thinking b. ethical thinking c. intuitive decision d. moral principles e. interpretation 60. Law enforcement officials cannot prosecute a suspect based solely on activity that is protected by which Amendment? a. Fourteenth b. Eighth c. Sixth d. Second e. First 61. Which Bill, enacted in 1993, requires that individuals purchasing a gun to complete a background check? a. Brady Bill b. Bill of Rights c. Handgun Bill d. Background Bill e. Second Amendment Bill

62. Describe the two most common models of how society determines which acts are criminal. Which model do you feel best represents the process of criminalizing behavior in the United States and why?

63. What is cybercrime? Discuss why cybercrime is a growing problem. Be sure to provide specific examples of this form of criminal offending.

64. List and describe the three levels of law enforcement.

65. List and discuss the essential elements of the corrections system. Which form of punishment is most common in the United States and why?

66. Explain the difference between the formal and informal justice processes. What role does discretion play in each process?

67. Explain the effect of federalism on the structure of the criminal justice system, and how this structure reflects the unique purposes of each level.

68. Compare and contrast the conflict model with the consensus model.

69. Germany’s policy on guns requires that before purchase, an adult must obtain an ownership license which includes a Powered by Cognero

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Chapter 01: Criminal Justice Today background check, pass a specialized knowledge test that proves knowledge on how to handle a weapon and its components. Discuss policies and laws on gun control in the United States and compare them with Germany’s policies.

70. Explain some of the pitfalls of discretion.

71. Explain what domestic and international terrorism are.

72. Why do you think white-collar crimes often go unpunished or under punished?

73. How can you explain the rapid increase in cybercrime in the past decade?

74. In your opinion, what should the purpose of the criminal justice system be?

75. Why must discretion and ethics be integral components of decision making and interpreting the law in all aspects and at all levels of the criminal justice system?

76. Why do you think protecting the homeland against terrorism and protecting civil liberties can so often be at odds with one another?

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Chapter 01: Criminal Justice Today Answer Key 1. True 2. True 3. True 4. False 5. False 6. True 7. True 8. True 9. True 10. a 11. c 12. d 13. c 14. d 15. b 16. e 17. c 18. e 19. a 20. d 21. c 22. b 23. e 24. a 25. c Powered by Cognero

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Chapter 01: Criminal Justice Today 26. b 27. b 28. b 29. a 30. c 31. d 32. a 33. e 34. a 35. b 36. b 37. b 38. e 39. a 40. b 41. d 42. b 43. c 44. d 45. a 46. d 47. e 48. b 49. d 50. a 51. e Powered by Cognero

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Chapter 01: Criminal Justice Today 52. c 53. b 54. e 55. b 56. c 57. True 58. c 59. c 60. e 61. a 62. Answers will vary.

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Chapter 01: Criminal Justice Today 75. Answers will vary.

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Chapter 02: Causes of Crime

Indicate whether the statement is true or false.

1. The defendant will not be punished as harshly for a crime as would normally be the case if the defendant at the time of the crime lacked capacity to make a rational choice as a result of mental disease. a. True b. False 2. A correlation demonstrates a cause of behavior. a. True b. False 3. Whereas adult criminals are seen as too “hardened” to unlearn their criminal behavior, crime prevention policies associated with social process theory focus on juvenile offenders. a. True b. False 4. Marx believed that capitalist economic systems necessarily produce income inequality and lead to the exploitation of the working classes. a. True b. False 5. According to positivism, criminal behavior is determined by biological, psychological, and social forces and is beyond the control of the individual. a. True b. False 6. Persons suffering from schizophrenia are at an unusually high risk for committing suicide or harming others. a. True b. False 7. After the Civil War (1861–1865), many Americans were driven from the South by “Jim Crow laws” designed to keep them from attaining power in the postwar period. a. True b. False 8. Social conflict theories view criminal behavior as a result of contact with deviant family and friends. a. True b. False 9. The criminal model of addiction asserts that drug abusers endanger society with their behavior and should be punished the same as those who commit non-drug-related offenses. a. True b. False 10. Wolfgang, Figlio, and Sellin asserted that a small group of juveniles, the chronic offenders, were responsible for a disproportionate amount of violent crime. a. True Powered by Cognero

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Chapter 02: Causes of Crime b. False

Indicate the answer choice that best completes the statement or answers the question.

11. The scientific study of crime, including its causes, responses by law enforcement, and method of prevention is called ______. a. psychology b. criminology c. ideology d. sociology e. biology 12. What is a derived theory based on? a. common sense b. observation c. hypothesis d. testing e. credibility 13. Researchers who study the causes of crime are called ______. a. positivists b. sociologists c. ideologists d. criminologists e. researchers 14. What is the term that refers to the causal relationship between two events which indicates that one event is the result of the occurrence of the other event? a. causation b. aggregation c. filtering d. correlation e. hypothesis 15. In classical criminology, punishment aims to ______. a. incapacitate offenders b. rehabilitate offenders c. return the victim to the state they were in before the crime d. deter people from committing crimes e. treat the mentally insane 16. For the positivist, behavior is ______. a. the result of a rational decision-making process b. the result of exposures to family and friends Powered by Cognero

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Chapter 02: Causes of Crime c. influenced by the environment surrounding the offender d. beyond the control of the individual e. based on free will and human rationality 17. In the scientific method, what term refers to an idea or explanation that you then test through study and experimentation to determine if it is valid? a. theory b. hypothesis c. observation d. verification e. research 18. Relying on a survey of high-school and college students, relationship breakups do indeed correlate with higher rates of what?. a. suicide b. criminal offending and substance abuse c. illness d. domestic violence e. negative home life 19. Criminal activity in males has been linked to elevated levels of hormones, specifically ______. a. testosterone b. melatonin c. epinephrine d. thyroxine e. serotonin 20. Which individual is widely referred to as the “Father of Criminology?” a. Edward Sutherland b. Cesare Lombroso c. Travis Hirschi d. Emile Durkheim e. Sigmund Freud 21. What type of studies focus on how people act, think, and feel in the context of society? That is, how people’s behaviors, thoughts, beliefs, intentions, and goals are constructed and how such psychological factors, in turn, influence their interactions with others. a. ideology b. psychology c. social psychology d. criminology e. biological 22. Strain theory has its roots in the concept of ______. a. power Powered by Cognero

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Chapter 02: Causes of Crime b. employment c. anomie d. peers e. crime 23. A person is most likely to commit a crime if what benefits are greater than the potential costs? a. perceived benefits b. opportunities c. reprisals d. rewards e. monetary 24. Expanding on rational choice theory, sociologist Jack Katz has stated that the “rewards” of crime may be sensual as well as financial. The inherent danger of criminal activity, according to Katz, increases what type of feeling a criminal experiences on successfully committing a crime? a. happiness b. danger c. fear d. rush e. anger 25. What emerging field seeks to apply brain-imaging techniques and principles to improve the understanding of crime, to predict crime, and ultimately to prevent it? a. criminology b. neurocriminology c. biocriminology d. social psychology e. psychoanalysis 26. Which among the following, according to social disorganization theory, leads to crime in disorganized neighborhoods? a. increase in racist hatred b. high levels of high school dropouts c. influence of neighborhood drug lords or kingpins d. high number of children e. high number of run-down homes 27. Social conflict theory focuses on ______. a. psychology b. neighborhoods c. sociology d. power e. ethics 28. Through criminal laws, the dominant members of society control the minority members, using institutions such as the Powered by Cognero

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Chapter 02: Causes of Crime police, courts, and prisons as tools of oppression. This is the key concept for which theory? a. social control theory b. labeling theory c. strain theory d. cultural deviance theory e. social conflict theory 29. Which theory was described by James Q. Wilson and George Kelling as the “broken windows” effect? a. labeling theory b. control theory c. learning theory d. strain theory e. social disorganization theory 30. Social conflict theory includes ______. a. a foundation of rational choice b. issues of power and wealth c. the idea that the criminal justice system is out of control d. a focus on community values e. that criminal activity is a learned behavior 31. Which of the following is a main branch of social process theory? a. social disorganization theory b. deviance theory c. social conflict theory d. learning theory e. cultural deviance theory 32. Which theory held that individuals are exposed to the values of family and peers such as school friends or co-workers? a. theory of differential association b. theory of labeling c. control theory d. theory of deviance e. cultural deviance theory 33. Which of the following is consistent with control theory? a. Offenders learn deviant values from parents and peers. b. Individuals adapt to the values of the subculture where they belong. c. Individuals must be taught to commit illegal activities. d. Individuals commit crimes after being labeled by society. e. Individuals are restrained from offending by their relationships between parents and peers.

34. Crime prevention policies associated with social process theory focus on what type of offender? a. juvenile offenders Powered by Cognero

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Chapter 02: Causes of Crime b. adult offenders c. female offenders d. male offenders e. repeat offenders 35. What theory of criminal behavior is based on the belief that behavioral patterns developed in childhood can predict delinquent and criminal behavior later in life? a. life-course theory b. childhood theory c. self-control theory d. choice theory e. social-conflict theory 36. What theory states that people adapt to the values of the subculture to which they belong? a. strain theory b. racial threat theory c. disorganization theory d. deviance theory e. social structure 37. Which of the following is a characteristic of low self-control? a. torturing animals b. thrill-seeking c. solving problems with intellect rather than violence d. patience e. restraint when angry 38. Gottfredson and Hirschi believe that low self-control can be primarily attributed to ______. a. school failure b. poor parenting c. mental deficiencies d. hormones e. drugs 39. Which of the following, according to strain theory, is one of the means available to the residents of disorganized neighborhoods to gain wealth? a. drug trafficking b. operating business in honest fashion c. begging in the streets d. earning their livelihoods by working honestly e. access to education 40. Which of the following is a factor in the learning process of habitual drug users? a. learning to sell drugs Powered by Cognero

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Chapter 02: Causes of Crime b. learning to perceive the pleasurable effects of drug use c. learning to make money from drug use d. learning to dislike the social experience of drug use e. learning the chemically make up of drug substances 41. Those who believe that abusers and addicts endanger society with their behavior and should be treated like any other criminals advocate which model of addiction? a. the medical model of addiction b. the criminal model of addiction c. the social crime model d. the habitual drug abuser model e. the deviance abuse model 42. According to cultural deviance theory, members of which of the following are more likely to conform to value systems that celebrate behavior, such as violence, that directly confronts the value system of society at large and therefore draws criminal sanctions? a. high-income subcultures b. medium-income subcultures c. low-income subcultures d. homeless subcultures e. criminal subcultures 43. The research published in Delinquency in a Birth Cohort asserted that what percentage of juvenile offenders were responsible for the majority of violent crime? a. 1 b. 6 c. 14 d. 22 e. 10 44. Wolfgang, Figlio, and Sellin’s research regarding the “chronic 6 percent” has resulted in ______. a. harsher sentences for repeat offenders b. mentoring programs for young offenders c. an increased emphasis on the victim d. a concerted effort to avoid labeling juvenile delinquents e. rehabilitation for adult offenders 45. From the early days of this country, the general presumption in criminal law has been that behavior is a consequence of what? a. drugs b. peers c. parental guidance d. values e. free will Powered by Cognero

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Chapter 02: Causes of Crime 46. What field is the study of how certain traits or qualities are transmitted from parents to their offspring? a. behavior b. psychology c. genetics d. science e. environmental 47. What part of the personality is directly related to the conscience and determines that actions are right or wrong? a. the superego b. the conscious c. the id d. the brain e. the ego 48. What is the study of the development and functioning of groups of people who live together within a society? a. psychology b. biology c. positivist d. sociology e. environmental 49. Shaw and McKay popularized the idea that unfavorable conditions in certain neighborhoods are related to crime through what theory? a. rational b. psychoanalytic c. social disorganization d. cultural deviance e. strain 50. What is a result from the lack of available means to achieve life goals? a. incarceration b. psychoanalytic issues c. social disorganization d. cultural deviance e. strain 51. What theory states that society creates crime and criminals by declaring certain behavior and certain people as deviant? a. theory of differential association b. labeling theory c. control theory d. theory of deviance e. cultural deviance theory Powered by Cognero

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Chapter 02: Causes of Crime 52. Why type of prophecy can labeling lead to? a. deviant behavior b. differential association c. broken windows d. self-fulfilling e. criminal 53. According to Gottfredson and Hirschi, what is linked to criminal behavior? a. low self-control b. low-income subcultures c. high self-control d. broken window theory e. delinquency as a youth 54. Studies indicate that individuals who consume what type of substance are at a greater risk of victimization? a. heroin b. prescriptions drugs c. opioids d. marijuana e. alcohol 55. Practitioners of what type of criminology believe that lying, stealing, bullying, and other conduct problems that occur in childhood are the strongest predictors of future criminal behavior? a. psychological criminology b. sociological criminology c. life course criminology d. positivist criminology e. classical criminology 56. What theory of crime essentially says that once negative behavior patterns have been established, they cannot be changed? a. social process b. continuity c. labeling d. social conflict e. strain 57. What model of addiction believes that addicts are mentally or physically ill? a. substance b. drug abuse c. drug-crime d. medical e. criminal Powered by Cognero

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Chapter 02: Causes of Crime 58. What is a neurotransmitter in the brain, which is highly correlated with addiction and physical dependency? a. testosterone b. melatonin c. epinephrine d. thyroxine e. dopamine 59. What drug is a highly addictive stimulant to the central nervous system manufactured from legal, over-the-counter substances? a. heroin b. methamphetamine c. opioids d. marijuana e. alcohol

60. Discuss the difference between a hypothesis and a theory in the context of criminology.

61. Explain the steps in the scientific method.

62. Explain the connection between classical criminology and choice theory.

63. Contrast positivism with classical criminology 64. How does brain-scanning technology help scientists determine if an individual is at risk for criminal offending?

65. List and briefly describe the three theories of social structure.

66. List and briefly describe the three branches of social process theory.

67. Why do life course theorists believe the key to criminal offending lies in childhood?

68. What is dopamine, and how does it impact addiction?

69. Contrast the medical model of addiction with the criminal model of addiction. Explain which model you agree with more and why.

70. Jeremy lives in a very high-crime neighborhood and he has seen many violent acts over the past several months. He strongly believes that he and those around him have free will to engage in any behavior, which, unfortunately, often includes criminal behavior, and so does not buy into any societal responsibility for high crime rates. Which theory does Jeremy adhere to and why?

71. You are an investigator trying to figure out the recent explosion of crime rates in your surrounding communities. Your agency’s lead psychologist has told you to look into the role that positivism plays in crime rates and behavior. What, exactly, should you be focused on in doing so?

72. How might you, as a lead investigator into a serial killer’s actions, use the “crime gene” as an explanation of how and why the suspect has continued to commit such heinous acts of violence and aggression?

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Chapter 02: Causes of Crime 73. Using the same pretext as the above question, how might you, as the lead investigator, use a sociological theory to help explain the tendencies and behaviors of the suspected serial killer?

74. In your research on an aggressive repeat offender in New York City, why would it NOT be advisable for you to use the learning theory to help explain this aggressive, criminal behavior, knowing that the offender grew up in the mountains of Peru, among peaceful monks and isolated from much of civilized society for most of his early life?

75. Discuss what risk assessment is and how it is connected to recidivism.

76. Why is the chronic offender also known as the career criminal?

77. What are the arguments against risk assessment? Provide an analysis on the viewpoints of critics when it comes to risk assessment.

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Chapter 02: Causes of Crime Answer Key 1. True 2. False 3. True 4. True 5. True 6. True 7. False 8. False 9. True 10. True 11. b 12. b 13. d 14. a 15. d 16. d 17. b 18. b 19. a 20. b 21. c 22. c 23. a 24. d 25. b Powered by Cognero

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Chapter 02: Causes of Crime 26. b 27. d 28. e 29. b 30. b 31. d 32. a 33. e 34. a 35. a 36. d 37. b 38. b 39. a 40. b 41. b 42. c 43. b 44. a 45. e 46. c 47. a 48. d 49. c 50. e 51. b Powered by Cognero

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Chapter 02: Causes of Crime 52. d 53. a 54. e 55. c 56. b 57. d 58. e 59. b 60. Answer: Answers will vary.

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Chapter 02: Causes of Crime 75. Answers will vary.

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Chapter 03: The Crime Picture: Offenders and Victims

Indicate whether the statement is true or false.

1. All law can be divided into two categories—civil and criminal. a. True b. False 2. The maximum penalty for capital offenses is death. a. True b. False 3. Murder is an example of an offense classified as mala prohibita. a. True b. False 4. Part II offenses in the UCR include both felonies and misdemeanors. a. True b. False 5. The NCVS is a national survey focusing on the self-reported data of offenders. a. True b. False 6. A criminal act is referred to as mala in se if it would be considered wrong even if there were no law prohibiting it. a. True b. False 7. Juvenile offenders tend to commit fewer crimes as they grow older. a. True b. False 8. Poverty is the sole cause of crime. a. True b. False 9. Black Americans are sent to prison for drug crimes in greater numbers than whites because more of them buy, sell, and use drugs. a. True b. False 10. People with serious mental health conditions, such as schizophrenia or bipolar disorder, will always commit violent crimes. a. True b. False

Indicate the answer choice that best completes the statement or answers the question.

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Chapter 03: The Crime Picture: Offenders and Victims 11. Civil law is concerned with disputes between entities and ______. a. plaintiffs b. lawyers c. governments d. private individuals e. judges 12. Proof of guilt in a criminal case requires ______. a. proof without doubt b. proof beyond a reasonable doubt c. proof beyond reasonable suspicion d. proof of tort e. proof of preponderance of a doubt 13. Misdemeanors are crimes punishable by a fine or by confinement for up to how many months in jail? a. three b. six c. nine d. twelve e. fifteen 14. Which of the following would be considered a mala in se offence? a. rape b. bigamy c. gambling d. prostitution e. drunkenness 15. What is an offense that is said to go against “natural laws”? a. mala in se. b. corpus delicti c. mala prohibita d. actus reus e. mens reus 16. In the UCR, the FBI presents crime data in which of the following ways? a. as a rate per 500,000 people b. as a percentage change from a previous decade c. in rank order by occurrence d. by the number of persons arrested e. by the number of victims 17. Which of the following data are used to prepare the Uniform Crime Reports (UCR) by the FBI? a. government census and surveys Powered by Cognero

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Chapter 03: The Crime Picture: Offenders and Victims b. number of crimes reported by victims, witnesses, or the police themselves c. UN Human Development Report d. UNICEF reports e. incident reports 18. Under federal guidelines, an infraction can be punishable by how many days behind bars? a. one b. two c. four d. three e. five 19. Part II offenses include which of the following? a. larceny theft b. vagrancy c. robbery d. burglary e. motor vehicle theft 20. Which of the following punishments are awarded in cases of first-degree felonies? a. maximum penalty of life imprisonment b. maximum penalty of death c. maximum of ten years’ imprisonment d. maximum of five years’ imprisonment e. maximum of 25 years in prison 21. The Uniform Crime Reports include what type of data? a. police-employee data b. number of criminal convictions c. number of unreported offenses d. victimization data e. number of citations 22. The acronym NIBRS stands for ______. a. National Individualized Basic Record System b. National Incident-Based Reporting System c. National Intelligence Bureau Record System d. National Intelligence Bureau Reporting System e. National Incident Bureau Reporting System 23. Which agency or type of organization collects data for the NCVS? a. the Federal Bureau of Investigation b. the Census Bureau c. the Department of Homeland Security Powered by Cognero

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Chapter 03: The Crime Picture: Offenders and Victims d. university researchers e. the local police department 24. How is self-report survey data collected? a. questionnaires b. mail surveys c. focus groups d. the census e. research 25. What does the acronym NCVS stand for? a. National Crime Victimization Survey b. National Criminals and Victims School c. National Chocolate and Vanilla Survey d. Nerve Conduction Velocity Study e. New Collection of Victimization Survey 26. Which of the following victim’s right movements focuses on a specific area of crime? a. sexual assault b. victimization c. restitution d. stalking e. enforceability 27. What level of protections are encoded in the Crime Victims’ Rights Act of 2004 (CVRA), which gives victims “the right to participate in the system”? a. federal level b. local level c. state level d. local level e. international level 28. Which of the following is an advantage of the NCVS over the UCR? a. It measures only unreported crime. b. The responses can be verified with official data. c. It is affected by police bias and distortions in reporting crime to the FBI. d. It does not rely on victims directly reporting crime to the police. e. It relies on the parents of victims to report data.

29. According to routine activities theory, which of the following is one of the factors necessary for a crime to occur? a. an unlikely offender b. a suitable target c. the presence of a capable guardian d. privacy Powered by Cognero

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Chapter 03: The Crime Picture: Offenders and Victims e. a repeat victim 30. Which of the following is a right of a victim according to the Crime Victims’ Rights Act of 2004? a. the right to present the charges b. the right to interview the suspect c. the right to be present d. the right to present evidence during sentencing e. the right to injure the suspect 31. Self-reported surveys are a third source of information for what individuals?. a. law enforcement b. victims c. offenders d. criminologists e. researchers 32. Since the mid-1990s, crime rates nationwide, in the United States, are ______. a. rising steadily b. dropping steadily c. up and down d. relatively flat e. absent 33. Which of the following is one of the theories proposed to explain the fall in crime since the mid-1990s? a. continued improvements in law enforcement b. a more educated population c. a younger population of criminals d. higher taxes on marijuana e. shorter prison terms for offenders 34. Many of those most heavily involved in what substance boom shook the nation in the late 1980s had been killed or imprisoned, or were no longer offending? a. methamphetamine b. crack cocaine c. heroin d. marijuana e. alcohol 35. Which of the following rights includes receiving information about victims’ rights as well as specific information such as the dates and times of court proceedings relating to the relevant crime? a. the right to be present b. the right to be informed c. the right to be heard d. the right to object Powered by Cognero

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Chapter 03: The Crime Picture: Offenders and Victims e. the right to challenge charges 36. Which is a factor used by criminologists to explain changes in the nation’s crime rate? a. Levels of sentencing b. Involvement in war c. Size of youth population d. Health of the low-income community e. Harsher marijuana laws 37. Which of the following is one of the main reasons for the decline in the crime rate? a. Offenders behind bars cannot commit crime. b. Fewer youth means more crime. c. The threat of prison is a deterrent to crime. d. A healthy economy results in more incentive to commit crime. e. Technology has been made more available to criminals.

38. How does the health of the economy affect the crime rate? a. More people working means less incentive to turn to crime. b. Higher employment means more work-place crime. c. A better economy means more money for prisons. d. A poor economy means more time spent looking for work and less in criminal activity. e. Lower employment provides more available jobs.

39. The fact that as individuals age, they are less likely to commit criminal acts is related to which crime-rate factor? a. levels of incarceration b. involvement in war c. size of youth population d. health of the economy e. sentencing rates 40. Which group are the most likely to be victims of homicide? a. White Americans b. Black Americans c. Latinx d. Native Americans e. Asians Americans 41. According to Berkeley law professor Franklin Zimring, three “usual suspects” of crime fluctuation are based on which of the following? a. male populations b. sentencing c. economy d. statutory rape e. education of communities Powered by Cognero

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Chapter 03: The Crime Picture: Offenders and Victims 42. Which factor is the most important indicator of criminal behavior? a. race b. ethnicity c. income level d. religious affiliation e. gender 43. The highest rate of victimization occurs among women between what ages? a. ten and eleven b. thirty-five and fifty c. twelve and thirty-four d. fifty-one and seventy e. one and ten 44. What is the term that refers to the degree of proof required to decide in favor of one side or the other in a civil case? a. proof without doubt b. proof beyond a reasonable doubt c. beyond reasonable suspicion d. proof of tort e. preponderance of the evidence 45. In most jurisdictions, what is a noncriminal offense for which the penalty is a fine rather than incarceration called? a. offense b. traffic violation c. infraction d. felony e. capital offense 46. What is the term that refers to offenses that are only crimes because a statute or legislative law declares them to be? a. Mens rea b. Mala in se c. Actus reus d. Mala prohibita e. Mala reus 47. What drug is most widely associated with violent behavior, especially domestic violence? a. methamphetamine b. crack cocaine c. heroin d. marijuana e. alcohol 48. What is the descriptive term for acts that are inherently wrong, regardless of whether they are prohibited by law?

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Chapter 03: The Crime Picture: Offenders and Victims a. Mens rea b. Mala in se c. Actus reus d. Mala prohibita e. Mala reus 49. What is the predominant source of crime data in the country, even though there are numerous questions about the accuracy of its findings? a. victim surveys b. NIBRS c. UCR d. self-report surveys e. NCVS 50. What is the taking or attempting to take of anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear called? a. robbery b. theft c. burglary d. kidnapping e. assault 51. What is the method of collecting crime data that relies on participants to reveal their own criminal or deviant behavior? a. victim surveys b. NIBRS c. UCR d. self-report surveys e. NCVS 52. What is the term that refers to the amount of unreported crime occurring in the United States? a. missing crime figures b. negative reporting on data c. low figure of crime d. unreported data e. dark figure of crime 53. Monetary payment, also known as what, comes from offenders to help victims repay any costs associated with the crime and rebuild their lives? a. victim services b. enforceability c. recidivism d. restitution e. income Powered by Cognero

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Chapter 03: The Crime Picture: Offenders and Victims 54. What is the theory that certain people and places are more likely to be subject to repeated criminal activity and that past victimization is a strong indicator of future victimization? a. recidivism b. repeats criminals c. repeat victimization d. victim participation e. domestic violence 55. What group of individuals are the fastest growing group in the U.S. prison population? a. Black Americans b. Latinx c. Asian Americans d. White Americans e. Females 56. What is the act of willful neglect or physical violence that occurs within a familial or other intimate relationship? a. domestic violence b. assault c. kidnapping d. threat e. harassment 57. What is the criminal act of causing fear in a person by repeatedly subjecting that person to unwanted or threatening attention? a. rape b. assault c. kidnapping d. stalking e. murder 58. Those who suffer from what type of illness are much more likely to be victims of crime than perpetrators? a. autoimmune b. medical c. health d. physical e. mental

59. George has been accused of and charged with second-degree murder. His trial is set to begin early next week. Which class of crime has George been charged with, and what burden of proof is on the prosecution? Explain your answer.

60. As the lead prosecutor in the upcoming trial, you have been informed that the many charges against the defendant are all considered mala in se crimes. Based on this, what can you expect for the trial, its atmosphere, and the media coverage and why?

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Chapter 03: The Crime Picture: Offenders and Victims 61. As a local prosecutor, how can the Uniform Crime Report, a compilation of national data, help you in your work and in better understanding what crime trends to expect and plan for in your community? Provide details in your answer.

62. You are an accomplished criminologist. You have just been hired by the Chicago Police Department to help them study the very sharp spike in violent criminal offending since the beginning of 2015. State your reasoning below, in a detailed, in-depth way, for suggesting the use of victim surveys in studying this recent crime spike phenomenon.

63. As a federal prosecutor working in a busy office, you have been pushing for a federal version of California’s “Marsy’s Law.” Provide rationale for why you believe this would make a real and lasting impact on criminal behavior and prosecution in the United States.

Indicate whether the statement is true or false.

64. During the periods of 1991 to 2008, annual arrests for woman decreased? a. True b. False

Indicate the answer choice that best completes the statement or answers the question.

65. How many women are in federal and state prisons today? a. approx. 5,000 b. approx. 10,000 c. approx. 50,000 d. approx. 75,000 e. approx. 111,000

Indicate whether the statement is true or false.

66. NIBRS was designed to address the shortcoming of the UCR. a. True b. False 67. Victim surveys gather details from potential suspects about the crimes they have committed and the victims. a. True b. False 68. The Victim’s Rights Act of 2004 gives victims the right to participate in the system. a. True b. False 69. Marsy’s Law enforces legal standing for victims allowing them to go to court if they feel their rights have been violated. a. True b. False

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Chapter 03: The Crime Picture: Offenders and Victims Answer Key 1. True 2. True 3. False 4. True 5. False 6. True 7. True 8. False 9. False 10. False 11. d 12. b 13. d 14. a 15. a 16. d 17. b 18. e 19. b 20. a 21. a 22. b 23. b 24. a 25. a Powered by Cognero

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Chapter 03: The Crime Picture: Offenders and Victims 26. a 27. a 28. d 29. b 30. d 31. d 32. b 33. a 34. b 35. b 36. d 37. a 38. a 39. c 40. b 41. c 42. c 43. c 44. e 45. c 46. d 47. e 48. b 49. c 50. a 51. d Powered by Cognero

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Chapter 03: The Crime Picture: Offenders and Victims 52. e 53. d 54. c 55. b 56. a 57. d 58. e 59. Answers will vary.

60. Answers will vary.

61. Answers will vary.

62. Answers will vary.

63. Answers will vary.

64. False 65. e 66. True 67. False 68. True 69. True

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Chapter 04: Inside Criminal Law

Indicate whether the statement is true or false.

1. English traditions are the exclusive source of common law. a. True b. False 2. Statutory law does not include ordinances passed by cities and counties. a. True b. False 3. On state and local levels, voters can write or rewrite criminal statutes through a form of direct democracy known as the ballot initiative. a. True b. False 4. The primary functions of the law are to protect citizens from harm and to maintain and promote social values. a. True b. False 5. A state of being aware that a risk exists and then disregarding that risk is recklessness. a. True b. False 6. Criminal law specifies that there must be concurrence between the guilty act and the guilty intent. a. True b. False 7. The necessity defense asserts that circumstances required the defendant to commit the illegal act. a. True b. False 8. The due process clause requires that the government not act unfairly and cannot rely on individual judgement and impulse when making decisions. a. True b. False 9. Some scholars believe that criminal laws not only express the expectations of society, but also “teach” them as well. a. True b. False 10. Federal statutes are enacted by state legislatures. a. True b. False

Indicate the answer choice that best completes the statement or answers the question.

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Chapter 04: Inside Criminal Law 11. Statutory law includes which of the following? a. state and federal statutes b. international law c. tribal law d. case law e. national ordinances 12. What is the supreme law of the land? a. the Code of Hammurabi b. the Mosaic Code c. English common law d. the Bill of Rights e. the U.S. Constitution 13. Stare decisis is the concept of ______. a. equity b. causation c. retribution d. concurrence e. precedent 14. The legal function of the law is to ______. a. protect and punish b. protect and rehabilitate c. rehabilitate and release d. rehabilitate and teach e. reprimand and rehabilitate 15. In the early 1960s, what standard was included in the Model Penal Code? a. insanity measure b. ALI/MPC test c. competency hearing d. M’Naghten rule e. irresistible-impulse test 16. A clause in the U.S. Constitution establishes that federal law is the “supreme law of the land” and shall prevail when in conflict with state constitutions or statutes. This is called the ______. a. statutory clause b. precedent clause c. constitutional clause d. supremacy clause e. constitutional clause 17. What law refers to rights outlined in the federal and state constitutions?

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Chapter 04: Inside Criminal Law a. statutory law b. case law c. administrative law d. constitutional law e. criminal law 18. The rules, orders, and decisions of regulatory agencies are known as ______. a. statutory law b. case law c. bureaucratic law d. administrative law e. civil law 19. Which of the following is one of the functions of criminal law? a. teaching international boundaries b. rehabilitating criminal offenders c. expressing public morality d. protecting citizens from civil harm e. implementing harsh sentences for crime 20. The purpose of the social function of law is to ______. a. socialize offenders b. reflect values and norms of society c. rehabilitate offenders d. preserve common law e. incarcerate offenders 21. Mens rea may be categorized as ______. a. premeditated and deliberate b. an act of omission c. with malice aforethought d. purposeful, knowing, negligent, or reckless e. an act of commission 22. A wrongful mental state is known as what type of criminal act? a. actus reus b. corpus delicti c. mens rea d. stare decisis e. concurrence 23. According to criminal law, what term refers to the requirement that the guilty act and the guilty intent must occur together? a. concurrence Powered by Cognero

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Chapter 04: Inside Criminal Law b. compatibility c. coincidence d. connection e. causation 24. The facts surrounding a criminal event that must be proven to convict the defendant of the underlying crime are called ______. a. attendant circumstances b. concurrence c. strict liability d. culpability e. harm 25. What makes it possible to convict a person of a crime they did not actually commit? a. criminal liability b. strict liability c. accomplice liability d. attendant circumstances e. causation 26. What is the concept that many states use to impose harsher penalties on certain crimes? a. accomplice liability b. attendant circumstances c. strict liability d. concurrence e. causation 27. What type of law is a statute that provides for greater sanctions against those who commit crimes motivated by bias against an individual or a group based on race, ethnicity, religion, gender, sexual orientation, disability, or age? a. hate crime b. inchoate crime c. strict liability crime d. targeted crime e. accomplice crime 28. On what level can voters write or rewrite criminal statutes through a ballot initiative? a. state and local level b. federal and state level c. local and federal level d. state and international level e. county and federal level 29. The M’Naghten rule is ______. a. a test for measuring sanity Powered by Cognero

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Chapter 04: Inside Criminal Law b. case law uses at pretrial c. admission of intoxication test results at trial d. evidence exclusions under Mapp v. Ohio e. an exception to the search warrant requirement 30. Public backlash against the insanity defense led to enacting ______. a. the substantial capacity test b. the irresistible impulse test c. guilty but mentally ill statutes d. the Durham rule e. justification defenses 31. A plot by two or more people to carry out an illegal or harmful act is called a ______. a. conspiracy b. corpus delicti c. inchoate offenses d. targeted e. accomplice liability 32. The term “reckless” essentially describes a defendant’s consciously having disregarded what two factors? a. harmless and substantial risk b. substantial and unjustifiable risk c. justifiable and harmless harm d. foreseeable and justifiable risk e. harmless and foreseeable risk 33. Which of the following is a requirement for the defense of duress? a. the threat must be of minimal bodily harm or death. b. the threat must be induced by a public official. c. the threat must be immediate and inescapable. d. the harm threatened must be greater than the harm caused by the crime. e. the defendant will be blamed for getting involved.

34. What is unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform? a. duress b. mistake c. necessity d. entrapment e. strain 35. The “duty to retreat” is part of which defense? a. insanity b. duress Powered by Cognero

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Chapter 04: Inside Criminal Law c. self-defense d. entrapment e. intoxication 36. Which Amendment protects against double jeopardy? a. Fourth b. Sixth c. Fifth d. Seventh e. Fourteenth 37. How many of the constitutional amendments are known as the Bill of Rights? a. Five b. Six c. Eight d. Ten e. Fourteen 38. In criminal law, what element prevents unfair practices such as forced confessions, denial of counsel, or unreasonable searches? a. substantive due process b. procedural due process c. stare decisis d. mens rea e. actus reus 39. Which Amendment guarantees a speedy trial? a. Fourth b. Fifth c. Sixth d. Eighth e. Second 40. Which Amendment provides that no person shall be deprived of life, liberty, or property without due process of law? a. Fourth b. Fifth c. Sixth d. Eighth e. Fourteenth 41. A woman, thinking that her divorce in another state has been finalized when it has not, marries for a second time, thereby committing bigamy. This is an example of what type of defense? a. infancy b. insanity Powered by Cognero

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Chapter 04: Inside Criminal Law c. intoxication d. mistake e. duress 42. What is an important attendant circumstance to a hate crime? a. motive b. mens rea c. ethnicity d. negligence e. culpability 43. Ultimately, who determines whether an individual’s due process has been violated? a. the United States Supreme Court b. the federal legislature c. a prosecutor d. the president e. a judge 44. Voluntary manslaughter is commonly defined as an intentional killing in which the offender had no prior intent to kill.

An example of this would be what type of crime? a. crimes of recklessness b. crimes of negligence c. crimes of irresponsibility d. crimes of passion e. crimes of mistake 45. A man awakes to find his sister standing over him, pointing a shotgun at his chest. In the ensuing struggle, the firearm goes off, killing the sister. What kind of justification defense should the brother entail? a. self-defense b. duress c. entrapment d. necessity e. intoxication 46. A man with a history of mental illness pushes his friend in front of an oncoming trailer truck, killing him instantly.

What kind of excuse defense should the man entail? a. insanity b. intoxication c. mistake d. infancy e. duress 47. Through what type of law does American criminal law carry out duties and responsibilities in the form of rules, regulations, orders, and decisions? a. statutory Powered by Cognero

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Chapter 04: Inside Criminal Law b. case c. bureaucratic d. administrative e. procedural 48. What term generally refers to a crime in which an adult engages in a sexual encounter with a minor? a. inchoate b. manslaughter c. recklessness d. hate crime e. statutory rape 49. The practice of deciding new cases with reference to precedents is known as what? a. regulation b. stare decisis c. mens rea d. legal supremacy e. the supremacy clause 50. What is a court decision that serves as example of authority for deciding subsequent cases known as? a. regulation b. precedent c. actus reus d. legal supremacy e. the supremacy clause 51. The primary legal function of the law is to maintain social order by protecting citizens from what? a. criminal harm b. injury c. societal boundaries d. sentencing e. incarceration 52. What term refers to the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances? a. motive b. mens rea c. actus reus d. negligence e. culpability 53. What term refers to a guilty act? a. motive b. mens rea Powered by Cognero

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Chapter 04: Inside Criminal Law c. actus reus d. negligence e. culpability 54. What term refers to a wrongful mental state, or intent? a. motive b. mens rea c. actus reus d. negligence e. culpability 55. Strict liability allows a finding of guilt even if what act is lacking? a. intent b. culpability c. causation d. negligence e. recklessness 56. What type of liability law is a law which protects the public good by preventing wrongdoers from claiming ignorance of the law as a defense? a. accomplice liability b. attendant circumstances c. strict liability d. concurrence e. causation 57. What act is deemed less serious than one that is purposefully committed? a. intent b. culpability c. mistake d. negligent e. reckless 58. What type of crime is a homicide in which the offender had no intent to kill her or his victim? a. voluntary Manslaughter b. murder c. involuntary Manslaughter d. first-degree murder e. second-degree murder 59. What crime is a homicide in which the intent to kill was present in the mind of the offender, but malice was lacking? a. voluntary Manslaughter b. murder c. involuntary Manslaughter Powered by Cognero

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Chapter 04: Inside Criminal Law d. first-degree murder e. second-degree murder 60. What type of hearing refers to a court proceeding to determine whether the defendant is mentally well enough to understand the charges filed against him or her and cooperate with a lawyer in presenting a defense? a. insanity b. substantial capacity test c. irresistible-impulse test d. competency e. M’Naghten Rule 61. What type of offense consists of conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent? a. inchoate b. manslaughter c. recklessness d. hate crime e. statutory rape 62. What defense is known as unlawful pressure brought upon a person causing them to perform an act they would not otherwise have performed? a. insanity b. intoxication c. mistake d. infancy e. duress 63. What law defines the acts the government will punish? a. procedural b. substantive c. case d. administrative e. statutory 64. What type of criminal law, through its rules, defines how the rights and duties of individuals can be enforced? a. procedural b. substantive c. case d. administrative e. statutory 65. Which Amendment provides that no person should be deprived of life, liberty, or property without due process of law? a. Fourth b. Fifth Powered by Cognero

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Chapter 04: Inside Criminal Law c. Sixth d. Eighth e. Fourteenth 66. The Fourth Amendment requires that no warrants for a search or an arrest be issued without what standard? a. preponderance of Doubt b. reasonable Suspicion c. probable cause d. evidence e. culpability

67. List the four written sources of U.S. criminal law.

68. Explain precedent and the importance of stare decisis.

69. Name and explain the two basic functions of criminal law.

70. Differentiate between actus reus and mens rea.

71. Explain the concept of a “legal duty.”

72. Explain how the doctrine of strict liability applies to criminal law.

73. Explain the difference between the substantial-capacity test and the irresistible-impulse test. Which one do you think is a better estimator of insanity? Explain your answer.

74. Which of the four excuse defenses against a criminal charge do you feel would be best suited to someone charged with manslaughter after unintentionally running over a pedestrian in a crosswalk and killing her? Why do you feel the excuse defense you chose would be the best one?

75. Discuss the myth and reality of the insanity defense in the United States.

76. Identify and explain four justification defenses against a criminal charge.

77. As a lead prosecuting attorney, your focus on a day-to-day basis is substantive criminal law; however, you must also have a grasp and full understanding of procedural criminal law. How would you distinguish between the two?

78. You are a federal judge who oversees hundreds of criminal trials every year. Explain why it is important that you make sure there are no violations of due process. In doing so, differentiate between procedural due process and substantive due process.

79. As lead prosecutor heading the big trial of a man suspected of murdering three elderly people over two days last winter, you are the lawyer responsible for making the decision of formal charges before trial and whether or not those charges will include first-degree murder. What are the requirements for first-degree murder, and why is it so important that you, the prosecutor, fully understand them before trial?

80. As a Supreme Court Justice, you regularly hear cases that require interpretations of the Constitution and test its limits Powered by Cognero

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Chapter 04: Inside Criminal Law and reach. Because you know its importance, give brief legal reasons both for and against expanding the Constitution.

81. You are walking down a dark street at night when you are approached by a man. He calmly and quietly asks you if you have a wallet on your person. You look at him in shock. He asks again. What are your legal options and why?

Indicate whether the statement is true or false.

82. The Eighth Amendment prohibits against excessive bail and fines. a. True b. False

Indicate the answer choice that best completes the statement or answers the question.

83. What justification defense can be used when an officer or government agent deceives a defendant into wrongdoing? a. insanity b. duress c. self-defense d. entrapment e. intoxication 84. What type of defense requires the courts to weigh the harm caused by the crime committed against the harm that would have been caused by the criminal act avoided? a. necessity b. duress c. self-defense d. entrapment e. intoxication 85. Criminal law requires that the criminal act cause the harm suffered. What is this known as? a. accomplice liability b. attendant circumstances c. strict liability d. concurrence e. causation 86. What case decision resulted in the right to a lawyer in all criminal felony cases? a. Pointer v. Texas b. Rochin v. California c. Gideon v. Wainwright d. Mapp v. Ohio e. Miranda v. Arizona

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Chapter 04: Inside Criminal Law Answer Key 1. False 2. False 3. True 4. True 5. True 6. True 7. True 8. True 9. True 10. False 11. a 12. e 13. e 14. a 15. b 16. d 17. d 18. d 19. c 20. b 21. d 22. c 23. a 24. a 25. c Powered by Cognero

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Chapter 04: Inside Criminal Law 26. b 27. a 28. a 29. a 30. c 31. a 32. b 33. c 34. a 35. c 36. c 37. d 38. b 39. c 40. b 41. d 42. a 43. a 44. d 45. a 46. a 47. d 48. e 49. b 50. b 51. a Powered by Cognero

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Chapter 04: Inside Criminal Law 52. d 53. c 54. b 55. a 56. c 57. e 58. c 59. a 60. d 61. a 62. e 63. b 64. a 65. e 66. c 67. Answers will vary.

68. Answers will vary.

69. Answers will vary.

70. Answers will vary.

71. Answers will vary.

72. Answers will vary.

73. Answers will vary.

74. Answers will vary.

75. Answers will vary.

76. Answers will vary.

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Chapter 04: Inside Criminal Law 77. Answers will vary.

78. Answers will vary.

79. Answers will vary.

80. Answers will vary.

81. Answers will vary.

82. True 83. d 84. a 85. d 86. c

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Chapter 05: Law Enforcement Today

Indicate whether the statement is true or false.

1. During the political era, corruption in law enforcement was common. a. True b. False 2. Philadelphia was the first city to form an organized police department. a. True b. False 3. The patronage system is associated with bringing technical and training advances to law enforcement. a. True b. False 4. Intelligence-led policing allows police departments to concentrate resources where they are most needed. a. True b. False 5. Most agencies require police officers to meet weight requirements. a. True b. False 6. Female police officers often face the problem of tokenism, or the belief that they have not earned their

positions. a. True b. False 7. The Internal Revenue Service has been transferred from the Department of the Treasury to the Department of

Homeland Security. a. True b. False 8. Of the three levels of law enforcement, municipal police have the broadest authority to apprehend suspects,

maintain order, and provide services to the community. a. True b. False 9. Marijuana is a Schedule II drug. a. True b. False 10. The U.S. Marshals Service is the oldest federal law enforcement agency. a. True b. False Powered by Cognero

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Chapter 05: Law Enforcement Today 11. The Transportation Security Administration is responsible for the safe operation of our airline, rail, bus, and

ferry services. a. True b. False 12. The primary purpose of private security is to stop crimes while they are occurring. a. True b. False

Indicate the answer choice that best completes the statement or answers the question.

13. Which of the following is one of Bittner’s four basic responsibilities of the police? a. to enforce laws b. to prevent rehabilitation c. to prosecute offenders d. to sentence offenders e. to create laws 14. What is the most controversial responsibility of the police? a. enforcing laws b. providing services c. preserving the peace d. preventing crime e. arresting criminals 15. In the public mind, the primary role of the police is to ______. a. enforce laws b. provide services c. prevent crime d. preserve the peace e. arrest criminals 16. The widespread acceptance of community policing began in around what decade? a. 1940s b. 1960s c. 1980s d. 2000s e. 2010s 17. The Wickersham Commission identified what problems of policing? a. police brutality and corruption b. police brutality and overwork Powered by Cognero

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Chapter 05: Law Enforcement Today c. overwork and corruption d. corruption and poor training e. corruption and pay 18. Policing efforts in the first American cities were directed toward ______. a. fighting crime b. preventing fires and other disasters c. controlling certain groups of people d. providing military support against the British e. rehabilitation of criminals 19. The Metropolitan Police Act of 1829 created the first modern professional police force in which city? a. London b. Boston c. Paris d. New York e. Chicago 20. The professional model emphasizes which of the following? a. officers walking their beats b. interacting with the community c. promoting police officer discretion through policy guidelines d. decentralized police organizations e. merit-based compensation, or pay for performance 21. The Wickersham Commission is associated with which era of policing? a. spoils b. turbulent 60s c. reform d. community policing e. British 22. Police brutality, corruption, and political spoils were the primary focus of the ______. a. Knapp Commission b. National Advisory Commission on Civil Disorders c. Wickersham Commission d. Gaines Commission e. Patronage system 23. Which of the following is one of the three eras of American policing? a. the progression era Powered by Cognero

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Chapter 05: Law Enforcement Today b. the metropolitan era c. the intelligence-led era d. the community era e. the British era 24. What is the policing approach that evaluates past crime patterns to predict future crime patterns? a. community policing b. proactive policing c. intelligence-led policing d. problem-oriented policing e. reform policing 25. Which of the following is one of the basic requirements for a career as a police officer? a. have an identification card b. be at least twenty-one years of age c. meet height requirements d. meet physical agility requirements e. be born in the city where the position is 26. What term refers to the suspicions that police officers of color face from their White colleagues and from

members of the community of color to which they belong? a. sexual harassment b. the second wound c. reverse discrimination d. double marginality e. affirmative action 27. What is a problem that female police officers often face on the job? a. sexual harassment b. double marginality c. racial profiling d. high expectations e. gender inequality 28. Which of the following is a reason for low levels of women serving as police officers? a. the height requirement for the job b. the lack of training available for women c. the perception that women are unsuited to the rigors of the job d. a shortage of female applicants for policing positions e. the number of pushups required Powered by Cognero

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Chapter 05: Law Enforcement Today 29. Historically, state police agencies were created to do which of the listed? a. Investigate crimes that cross-jurisdictional boundaries within the state. b. To assist federal police agencies that lacked adequate resources to handle law enforcement tasks. c. Provide funding in rural and other areas that did not have local or county police service. d. Investigate tax and welfare fraud. e. Investigate crimes that crossed state borders.

30. At what level are sheriffs in charge of law enforcement? a. neighborhood b. city c. county d. state e. federal 31. The Internal Revenue Service is organized under the ______. a. Department of Treasury b. Department of Justice c. Department of Homeland Security d. Department of the Interior e. Department of Veterans Affairs 32. Enforcement of the federal gun control act of 1968 is the responsibility of the ______. a. Bureau of Alcohol, Tobacco, Firearms and Explosives b. U.S. Department of the Treasury c. U.S. Secret Service d. Federal Bureau of Investigation e. Department of Homeland Security 33. U.S. Marshals ______. a. provide security at the airport b. control property that has been seized by federal court order c. provide security at the U.S. Capitol d. transport state prisoners e. supervise inmates in facilities 34. Which of the following agencies is a part of the Department of Homeland Security? a. Federal Bureau of Investigation b. the Drug Enforcement Administration c. the U.S. Secret Service d. the U.S. Marshals e. CIA Powered by Cognero

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Chapter 05: Law Enforcement Today 35. Which agency recently changed its primary function from “law enforcement” to “national security”? a. Federal Bureau of Investigation b. U.S. Marshals Service c. U.S. Department of Justice d. U.S. Department of Homeland Security e. IRS 36. Drugs with minimal abuse potential that are used in current medical practice despite limited dependence

potential are on what drug schedule? a. Schedule II b. Schedule III c. Schedule IV d. Schedule V e. Schedule VI 37. The coroner is an elected official at what level of government? a. municipal b. county c. state d. federal e. local 38. Which of the following is a federal law enforcement agency? a. NYPD b. Coroner’s/Medical Examiner c. Interpol d. ATF e. LAPD 39. Which of the following is a common responsibility of the sheriff? a. performing autopsies b. investigating international crimes c. carrying out civil and criminal processes within federal counties d. enforcing orders of the court e. transporting federal prisoners 40. Which of the following is a limited-purpose law enforcement agency within the state system? a. Motor vehicle compliance agency b. Sheriff’s Office c. DUI Agency Powered by Cognero

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Chapter 05: Law Enforcement Today d. Federal Bureau of Investigation e. IRS 41. The support the FBI provides to other law enforcement agencies comes in what form? a. patrol vehicles b. funding c. assistance in investigations d. equipment e. accreditation 42. Which of the following is one of the investigative priorities of the Federal Bureau of Investigation? a. terrorism b. counterfeiting c. protection of courts and judges d. illegal immigration e. tax evasion 43. Which of the following is an investigative responsibility of the FBI? a. traffic violations b. counterfeiting c. immigration d. white-collar crime e. DUI 44. According to the text, which of the following factors have been recognized for contributing to the rapid

growth of the private security industry? a. increase in drug crimes b. decrease in technology available to officers c. crime in the workplace d. danger of being a police officer e. distrust in police 45. Camden, New Jersey, had a serious problem with crimes, especially violent and drug crimes. Part of the

problem was the lack of police officers due to budget cuts, which eventually resulted in nonresponse to 911 calls and a lag in crime investigations. In May 2013, Camden officials responded by disbanding the city’s entire police department. This unprecedented step allowed Camden County to hire a completely new force without the restrictions of the previous department’s police union labor contract. As a result, per officer costs were cut in half, and the city was eventually able to nearly double its number of police officers. Law enforcement officials also increased the use of crime-fighting technology and trained the new officers to be more involved in the community. By the summer of 2014, even though the city’s murder rate was still considerably higher than the national average, shootings were down 43 percent and overall violent crime was down 22 percent from two years earlier.

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Chapter 05: Law Enforcement Today

Which of the following responsibilities of police officers is generally the greatest concern of the citizens, including citizens of Camden? a. enforcing laws b. providing services c. preserving the peace d. preventing crime e. rehabilitation 46. What is the basis of intelligence-led policing? a. online investigations b. reliance on data c. community policing d. the spoils system e. reform 47. Camden, New Jersey, had a serious problem with crimes, especially violent and drug crimes. Part of the

problem was the lack of police officers due to budget cuts, which eventually resulted in nonresponse to 911 calls and a lag in crime investigations. In May 2013, Camden officials responded by disbanding the city’s entire police department. This unprecedented step allowed Camden County to hire a completely new force without the restrictions of the previous department’s police union labor contract. As a result, per officer costs were cut in half, and the city was eventually able to nearly double its number of police officers. Law enforcement officials also increased the use of crime-fighting technology and trained the new officers to be more involved in the community. By the summer of 2014, even though the city’s murder rate was still considerably higher than the national average, shootings were down 43 percent and overall violent crime was down 22 percent from two years earlier.

One of the challenges in Camden continues to be the creation of a diverse police force. Which of the following is one of the advantages of a diverse police force? a. An integrated police force could develop a better relationship with female residents. b. Diversifying the police would mean to recruit the most competent and skilled people available. c. Ensure that there is an equal amount of different officers on the force. d. Members of groups of color represent a broad source of talent in this country that can enhance the effectiveness of law enforcement. e. Decrease the amount of crime in a community.

48. Which of the following is a community service provided by police officers? a. performing emergency medical procedures b. preventing crime from occurring. c. enforcing the laws as crime fighters d. prosecuting offenders in a court of law 49. Which of the following is an advantage of affirmative action? a. Some individuals do not want to be hired because of affirmative action.

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Chapter 05: Law Enforcement Today b. The existence of a diverse police force improves community–police relations and makes it easier for

all officers to do their jobs. c. In one agency, increase in female police officers declined when the program ended. d. There are no “special skills” unique to women or minority law enforcement agents. e. It increases the arrests made in communities.

50. What is another term for the patronage system? a. intelligence-led policing b. political system c. community policing d. the spoils system e. reform system 51. What is the name of the national commission that focused on police reform in 1929? a. Knapp Commission b. National Advisory Commission on Civil Disorders c. Wickersham Commission d. Gaines Commission e. Patronage system 52. In 1838, which city became the first city in the United States to form an organized police force? a. London b. Boston c. Paris d. New York e. Chicago 53. What is the style of policing that August Vollmer and his protégé O.W. Wilson promoted? a. guardian b. intelligence-led c. community-led d. professional model e. militaristic 54. The Metropolitan Police Act of 1829 was supported by whom? a. James Q. Wilson b. George Wickersham c. O.W. Wilson d. August Vollmer e. Sir Robert Peel Powered by Cognero

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Chapter 05: Law Enforcement Today 55. Predictive policing, also known as what, is an approach that relied on data concerning past crimes to predict

future crime patterns? a. community policing b. proactive policing c. intelligence-led policing d. problem-oriented policing e. reform policing 56. During the probationary period, what step in the recruitment process does an officer go through? a. field training b. background check c. psychological screening test d. polygraph e. field work 57. What is the name of the place run by either the state or police agency that provides recruits with a control,

militarized environment in which they receive their introduction to the world of the police officer? a. police agency b. police academy c. field training d. police school e. agency training 58. During what step of the recruitment process is the recruit in jeopardy of being fired without cause if they

prove inadequate to the challenges of police work? a. hiring b. interview c. post-probationary period d. physical testing e. probationary period 59. During the field training period, who is the experienced officer the recruit is paired with? a. lieutenant b. supervisor c. chief of police d. field training officer e. sergeant 60. During the probationary period, the recruit can be fired without what? a. pay b. a second change Powered by Cognero

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Chapter 05: Law Enforcement Today c. cause d. notice e. reasons 61. What is the duty presented in the first sentence of The Law Enforcement Code of Ethics? a. to be the best officers b. to serve the community c. to serve and protect d. to serve with discretion e. to rehabilitate offenders 62. Under what decree does the law enforcement agency often agree to meet certain numerical goals in hiring

women and members of minority groups? a. consent b. affirmative c. community d. anti-discriminatory e. reform 63. What agency was created to enforce domestic drug laws and regulations? a. NYPD b. FBI c. DEA d. ATF e. DHS 64. President George Washington created what agency to protect his attorney general? a. U.S. Marshals b. FBI c. DEA d. ATF e. Secret Service 65. The FBI, the U.S. Marshals Service, ATF, and DEA are organized under what federal department? a. Federal Bureau of Investigation b. U.S. Marshals Service c. U.S. Department of Justice d. U.S. Department of Homeland Security e. IRS 66. What agency, which is a a branch of U.S. Customs and Border Protection, has the burden of policing both Powered by Cognero

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Chapter 05: Law Enforcement Today

the Mexican and Canadian borders between official ports of entry? a. Federal Bureau of Investigation b. U.S. Marshals Service c. U.S. Department of Justice d. U.S. Department of Homeland Security e. U.S. Border Patrol 67. County sheriffs’ departments are responsible for maintaining the county jail, keeping order in the county

courthouse, collecting taxes, and enforcing what type of orders? a. court b. warrant c. arrest d. incarceration e. sentencing 68. The responsibility for investigating and preventing human trafficking belongs to what agency? a. FBI b. ICE c. DEA d. ATF e. DHS 69. What is the agency primarily concerned with the illegal sale, possession, and use of firearms and the control

of untaxed tobacco and liquor products? a. FBI b. ICE c. DEA d. ATF e. DHS 70. The U.S. Customs and Border Protection (CBP) is organized under which department? a. Federal Bureau of Investigation b. U.S. Marshals Service c. U.S. Department of Justice d. U.S. Department of Homeland Security e. U.S. Border Patrol 71. Created by Congress in 1789, what is the oldest federal law enforcement agency? a. Federal Bureau of Investigation b. U.S. Marshals Service c. U.S. Department of Justice Powered by Cognero

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Chapter 05: Law Enforcement Today d. U.S. Department of Homeland Security e. U.S. Border Patrol 72. What agency protects the president, the president’s family, former presidents and their families, and other

high-ranking politicians? a. U.S. Secret Service b. U.S. Marshals Service c. U.S. Department of Justice d. U.S. Department of Homeland Security e. U.S. Border Patrol 73. Which agency investigates potential criminal violations of the nation’s tax code? a. Federal Bureau of Investigation b. U.S. Marshals Service c. U.S. Department of Justice d. U.S. Department of Homeland Security e. Internal Revenue Service 74. What county agency is responsible for determining the cause of any sudden, unexplained, unnatural, or

suspicious death? a. State trooper b. Coroner/Medical Examiner c. Interpol d. Sheriff e. LAPD 75. The FBI is organized under what Department? a. Treasury b. Justice c. Homeland Security d. Interior e. Veterans Affairs 76. Which agency protects national security by fighting international and domestic terrorism and enforces

federal criminal laws? a. Federal Bureau of Investigation b. U.S. Marshals Service c. U.S. Department of Justice d. U.S. Department of Homeland Security e. IRS 77. What is the primary role of private security?

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Chapter 05: Law Enforcement Today a. online investigations b. prevent traffic violations c. deter crime d. write citations e. protect businesspeople

78. List the four basic responsibilities of the police.

79. Discuss the reasons for the rise of community policing and what the practice of community policing

involves.

80. Discuss how the patronage system affected policing.

81. Discuss how the community era led to community-based policing, and describe community-based policing,

including what it is based on.

82. Explain how intelligence-led policing works and how it benefits modern police departments.

83. Differentiate between the warrior and guardian mentalities of policing.

84. Explain why diverse police departments are more effective in enforcing the law and preventing crime.

85. Describe some of the benefits that female police officers bring to law enforcement.

86. Explain the differences between sheriffs’ departments and local police departments.

87. List and describe three of the most visible law enforcement agencies under the control of the new

Department of Homeland Security.

Indicate the answer choice that best completes the statement or answers the question.

88. You are a new police officer, fresh out of the police academy where you finished the top of your class. As a

new officer, you want to make a good impression with your fellow officers and chief. Your knowledge of how policing works, how it is supposed to work, and what the pitfalls can be is tantamount to your early success on the job.

Which of the following is one of your four basic responsibilities as a police officer? a. to enforce rehabilitation b. to prevent sentencing c. to preserve the peace d. to advocate for victims’ rights e. to prosecute individuals 89. You are a new police officer, fresh out of the police academy where you finished the top of your class. As a Powered by Cognero

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Chapter 05: Law Enforcement Today

new officer, you want to make a good impression with your fellow officers and chief. Your knowledge of how policing works, how it is supposed to work, and what the pitfalls can be is tantamount to your early success on the job.

What does the public believe is your primary role as a police officer? a. to enforce the laws b. to prevent crime c. to preserve the peace d. to advocate for victims’ rights e. to rehabilitate offenders 90. You are a new police officer, fresh out of the police academy where you finished the top of your class. As a

new officer, you want to make a good impression with your fellow officers and chief. Your knowledge of how policing works, how it is supposed to work, and what the pitfalls can be is tantamount to your early success on the job.

Your department believes strongly in its officers maintaining meaningful interaction with the citizens of the area it serves. Which of the following BEST represents the policing philosophy of your department? a. “big data” policing b. intelligence-led policing c. militarism d. community policing e. reform 91. You are a new police officer, fresh out of the police academy where you finished the top of your class. As a

new officer, you want to make a good impression with your fellow officers and chief. Your knowledge of how policing works, how it is supposed to work, and what the pitfalls can be is tantamount to your early success on the job.

Your department has just ordered two tanks and several dozen high-power, military-grade assault rifles. In which of the following directions is your police chief most likely taking your department? a. toward “big data” policing b. toward intelligence-led policing c. toward the warrior mentality of policing d. toward the guardian mentality of policing e. toward a community-policing mentality

92. You are serving on a commission that is studying the effectiveness of law enforcement on U.S. highways.

As part of this, you are asked to explain the difference between state police and highway patrols. How do you respond? Please provide a detailed answer.

93. You are the new head of the FBI. As part of an effort to “get control” over your recently fledgling agency,

you must determine what its true investigative priorities are. In doing so, also elaborate on whether you believe Powered by Cognero

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Chapter 05: Law Enforcement Today

these priorities to be sound or in need of change, and why.

94. As a career private security agent and expert, you are asked by a new client to elaborate on the prevalence of

private security today and also to explain why you believe it to be an important part of law enforcement.

95. As the newly hired chief of police for a large Midwestern city that has experienced a sharp spike in violent

criminal activity, you are charged with “cleaning up your city.” Choose between the “warrior mentality” and the “guardian mentality” of policing and explain why you think your choice will be the more effective of the two in lowering your city’s crime rates.

96. As the newly hired chief of police for a large midwestern city that has experienced a sharp spike in violent

criminal activity, you are charged with “cleaning up your city.” Argue either for or against the use of community-led policing as an answer to your city’s rising crime rates.

Indicate whether the statement is true or false.

97. A great deal of a police officers time is spent providing services to the community. a. True b. False

98. Provide an analysis on the basic requirements to become a police officer. Describe the probationary period

and any training conducted once hired.

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Chapter 05: Law Enforcement Today Answer Key 1. True 2. False 3. False 4. True 5. True 6. True 7. False 8. True 9. False 10. True 11. True 12. False 13. a 14. d 15. a 16. c 17. a 18. c 19. a 20. e 21. c 22. c 23. d 24. c 25. b Powered by Cognero

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Chapter 05: Law Enforcement Today 26. d 27. a 28. c 29. a 30. c 31. a 32. a 33. b 34. c 35. a 36. d 37. b 38. d 39. d 40. a 41. c 42. a 43. d 44. c 45. a 46. c 47. d 48. a 49. b 50. d 51. c Powered by Cognero

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Chapter 05: Law Enforcement Today 52. b 53. d 54. e 55. c 56. a 57. b 58. e 59. d 60. c 61. b 62. a 63. c 64. a 65. c 66. e 67. a 68. b 69. d 70. d 71. b 72. a 73. e 74. b 75. b 76. a Powered by Cognero

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Chapter 05: Law Enforcement Today 77. c 78. Answers will vary.

79. Answers will vary.

80. Answers will vary.

81. Answers will vary.

82. Answers will vary.

83. Answers will vary.

84. Answers will vary.

85. Answers will vary.

86. Answers will vary.

87. Answers will vary.

88. c 89. a 90. d 91. c 92. Answers will vary.

93. Answers will vary.

94. Answers will vary.

95. Answers will vary.

96. Answers will vary.

97. True 98. Answers will vary.

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Chapter 06: Problems and Solutions in Modern Policing

Indicate whether the statement is true or false.

1. Delegation of authority means that all police report directly to the chief of police. a. True b. False 2. Mandatory arrest laws limit a police officer’s discretion by requiring him or her to arrest a person who has

committed a specific crime. a. True b. False 3. Patrol officers have the greatest amount of discretionary power. a. True b. False 4. The purpose of patrol is the deterrence of crime by maintaining a visible police presence. a. True b. False 5. The highest position in the chain of command is that of the captain. a. True b. False 6. The highest percent of call for service to the police are nonviolent crime calls. a. True b. False 7. A confidential informant is a police officer who has assumed a false identity to obtain information concerning

illegal activities. a. True b. False 8. Authorities in all states are required to collect DNA samples from offenders who have been convicted of

felonies. a. True b. False 9. A crime that has been cleared is one that has resulted in an arrest and referral for prosecution. a. True b. False 10. Response time is considered a benchmark for police efficiency. a. True b. False Powered by Cognero

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Chapter 06: Problems and Solutions in Modern Policing 11. Incident-driven policing means that response time is adapted based on the seriousness of the call. a. True b. False 12. Community policing gives patrol officers the freedom to improvise. a. True b. False 13. “Noble cause corruption” is the knowing misconduct by a police officer with the goal of attaining what the

officer believes is a “just” result. a. True b. False 14. The concept of reasonable force regulates the use of deadly force. a. True b. False 15. Ethical dilemmas include bribery and mooching. a. True b. False

Indicate the answer choice that best completes the statement or answers the question.

16. The primary factor that an officer should consider when determining how to use discretion is

____________. a. the nature of the criminal act b. the attitude of the wrongdoer c. the relationship between the victim and the offender d. departmental policy e. the nature of the victim’s injuries 17. The use of ______ is a crucial aspect of police discretion that is difficult to explain to those outside law

enforcement. a. force b. intuition c. experience d. knowledge e. training 18. What lessens the possibility that any given officer will have the unsupervised freedom to abuse their

position? a. field services b. efficient management Powered by Cognero

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Chapter 06: Problems and Solutions in Modern Policing c. the chain of command d. span of control e. the Bill of Rights 19. What is one purpose of patrol in policing? a. deterrence of crime b. community access to investigators c. improvement of public attitudes toward the police d. improve response times to calls for service e. increase in arrests 20. Arrests made by police officers that occur when officers respond to calls for service are best described as

______. a. reactive b. proactive c. directed d. controlled e. structured 21. Paperwork takes up nearly ______ percent of a patrol officer’s time? a. 10 b. 15 c. 20 d. 40 e. 65 22. Which of the following does a patrol officer spend the most time doing? a. preventive patrol b. answering calls for service c. filling out paperwork d. issuing traffic citations e. administrative duties 23. Which of the following is a database containing DNA profiles? a. CODIS b. AFIS c. NIBIN d. NCIC e. FISH 24. DNA can be found from which of the following?

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Chapter 06: Problems and Solutions in Modern Policing a. drug screens b. semen c. grease stains d. drugs e. shoeprints in mud 25. When did “DNA Fingerprinting” really begin to emerge as used by the police in criminal investigations in

the United States? a. 1940s b. 1960s c. 1970s d. 1990s e. 2000s 26. The application of science to establish facts and evidence during crime investigations is known as ______. a. forensics b. genetics c. ballistics d. CODIS e. research 27. Which of the following is an example of trace evidence? a. hairs b. tool marks c. semen d. ballistics e. tire marks 28. The establishment of a connection between a suspect and a crime, often through the use of DNA evidence,

in the absence of an ongoing criminal investigation is called a ______. a. hard hat b. lucky guess c. hot spot d. cold hit e. hot hit 29. The Kansas City experiment showed that decreasing random patrols ______. a. had little impact on crimes and overall effectiveness b. had a large impact on effectiveness c. significantly lowered reports of crime d. reduced calls for service to an all-time low Powered by Cognero

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Chapter 06: Problems and Solutions in Modern Policing e. increased the crime 30. A strategy for answering calls for service in which response time is adapted to the seriousness of the call

is______. a. differential response b. reactive response c. aggressive response d. alternative response e. structured response 31. The “broken windows” theory suggests that to decrease crime, law enforcement agencies should crack down

on ______. a. quality-of-life crimes b. violent crime c. property crime d. domestic violence e. misdemeanors 32. Which of the following is one of the characteristics of community policing listed in the text? a. limiting the discretion of patrol officers b. proactive policing c. detailed legal analysis d. scientific investigative methods e. working with students on campuses 33. Police cynicism is likely to make a police officer ______. a. put themselves in danger b. less loyal to other officers c. lose touch with police subculture d. place people into categories e. increase police reports 34. The process through which a police officer is taught the values and expected behavior of the police

subculture is called ______. a. assimilation b. acculturation c. socialization d. adaptation e. institutionalization 35. Which of the following is a ritual that indoctrinates officers into the police subculture? a. attending community meetings Powered by Cognero

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Chapter 06: Problems and Solutions in Modern Policing b. eating your first donut c. witnessing a traumatic incident for the first time d. being the subject of disciplinary action for the first time e. police hazing 36. In which case did the United States Supreme Court set the limits for the use of deadly force by law

enforcement officers? a. Gaines v. Miller (1963) b. Tennessee v. Garner (1985) c. Graham v. Connor (1989) d. Rovario v. United States (1957) e. Maryland v. King (2013) 37. The concept of reasonable force allows ______ force when a reasonable person would assume that such

force was necessary for the officer to carry out their legal duties. a. deadly b. nondeadly c. aggressive d. unlimited e. limited 38. A scenario in which a police officer attempts to coerce money from a criminal is ______. a. bribery b. a gratuity c. mooching d. a shakedown e. robbery 39. According to Pollock and Becker’s definition, which of the following is a situation that is likely to present

an ethical dilemma? a. accepting gifts in return for favorable treatments b. not knowing the right course of action c. knowing who to arrest in a domestic situation d. threatening of a family member e. Considering the right course of action is easy 40. In general, under consent decrees, a local police department agrees to which of the following? a. to prosecute officers who fail to wear their video cameras b. to implement policies and training that minimize the use of force c. to ensure K9 data is accurately tracked as it relates to drug seizures d. to improve mental health programs with external industry partners Powered by Cognero

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Chapter 06: Problems and Solutions in Modern Policing e. to implement policies that increase foot patrol in neighborhoods 41. Which of the following is a component of police accountability? a. citizen accountability b. self-accountability c. juvenile and senior care d. fiscal responsibility e. training accountability 42. Because of the doctrine of __________, individual police officers generally cannot be sued personally for

poor judgment in discretionary decisions. a. civil liability b. citizen oversight c. qualified immunity d. self-surveillance e. qualified integrity 43. When an officer is struggling with an obligation to act in a certain manner, they are struggling with the

ethical dilemma of ______. a. duty b. discretion c. honesty d. loyalty e. integrity 44. In January 2015, a man named Okeefe was killed by a police officer after a short chase. Okeefe had been

fleeing from the police and several shots were fired by both parties. The police officer was wearing a video camera, which recorded the incident. Several cities now require police officers to wear such cameras to increase transparency and accountability of law enforcement. As documents of “the truth,” police videos can be somewhat ambiguous. For example, the footage described above does not actually show Okeefe fleeing or shooting at Officer Fisher.

Once the police officer arrived at the scene, how did he have to exercise discretion? a. He had to consider whether to wait for backup or proceed. b. He had to decide whether to have medical assistance ready for possible need before incident concluded. c. He had to consider his safety and the safety of others. d. He had to consider where to tactically position himself in relation to the subject. e. He had to consider whether there were witnesses present.

45. In January 2015, a man named Okeefe was killed by a police officer after a short chase. Okeefe had been

fleeing from the police and several shots were fired by both parties. The police officer was wearing a video camera, which recorded the incident. Several cities now require police officers to wear such cameras to increase transparency and accountability of law enforcement. As documents of “the truth,” police videos can be Powered by Cognero

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Chapter 06: Problems and Solutions in Modern Policing

somewhat ambiguous. For example, the footage described above does not actually show Okeefe fleeing or shooting at Officer Fisher.

What information was shown in the video? a. the shooting of the suspect b. the suspect fleeing and shooting at the officer c. the officer being dispatched to the call d. the officer’s supervisor taking charge of the scene e. the witnesses present to view the shooting 46. In January 2015, a man named Okeefe was killed by a police officer after a short chase. Okeefe had been

fleeing from the police and several shots were fired by both parties. The police officer was wearing a video camera, which recorded the incident. Several cities now require police officers to wear such cameras to increase transparency and accountability of law enforcement. As documents of “the truth,” police videos can be somewhat ambiguous. For example, the footage described above does not actually show Okeefe fleeing or shooting at Officer Fisher.

On what grounds, according to the Supreme Court, can the use of deadly force be justified? a. if the suspect poses no immediate threat to the officer b. when the suspect poses no immediate threat to others c. when the “reasonableness of the moment” makes the use of deadly force a reasonable action d. when all other avenues of diffusing the situation have been exhausted e. if the officer felt it was appropriate 47. What gives police officers autonomy, which is reflected in higher levels of officer job satisfaction? a. discretion b. power c. jurisdiction d. law e. duty 48. What is a set of guiding principles designed to influence the behavior and decision-making of police

officers? a. procedure b. policy c. regulation d. law e. integrity 49. What type of organizational structure do most police departments have? a. command b. top down Powered by Cognero

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Chapter 06: Problems and Solutions in Modern Policing c. hierarchical d. bottom Up e. military 50. What officer is the most common law enforcement agent in police agencies? a. rookie b. patrol c. traffic d. crime Scene e. school Resource 51. Most departments separate each twenty-four-hour day into three eight-hour segments called what? a. tours b. platoons c. rotations d. shifts e. sections 52. What is the purpose of patrol? a. to deter crime b. to suppress crime c. to prevent crime d. to eliminate crime e. to predict crime 53. The smallest stretch that a police officer or a group of police officers regularly patrols is called what? a. a zone b. a beat c. an area d. a district e. a section 54. The main goal of any police department is the most efficient organization of its field services is also known

as what? a. Narcotics b. Vice c. Operations d. Command e. Patrol 55. A police officer who assumes a false identity as part of a criminal investigation is performing what type of Powered by Cognero

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Chapter 06: Problems and Solutions in Modern Policing

work? a. vice b. narcotics c. DWI d. undercover e. SWAT 56. A person who provides information about his or her involvement in criminal activity and others who

engages in it is called what? a. a snitch b. a narc c. a friend d. a confidential Informant e. an inconfident 57. What theory did Wilson and Kelling develop to promote strategies to address quality-of-life issues in

neighborhoods? a. crime Suppression b. community Policing c. broken Windows d. neighborhood Watch e. foot Patrol 58. Who is the primary police investigator of crimes? a. detective b. patrol c. CSI d. chief e. rookie 59. A criminal investigation that has not been solved after a certain amount of time is called what? a. a hot case b. an open case c. a cold case d. a broken case e. an old case 60. Which organization catalogues more than three million images of spent cartridge casings and is used to

identify guns? a. CODIS b. AFIS Powered by Cognero

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Chapter 06: Problems and Solutions in Modern Policing c. NCIC d. FISH e. NIBIN 61. What is the study of firearms and its application to solving crimes? a. document examination b. ballistics c. DNA d. drug analysis e. toxicology 62. What cell in each person’s body that provides a “genetic blueprint” or “code” for every living organism? a. blood b. DNA c. blue print d. follicle e. veins 63. What is designed to respond to specific activities at specific times? a. targeted patrol b. direct patrol c. hot spot patrol d. suppression patrol e. structured patrol 64. What are concentrated areas of high criminal activity that draw a directed police response? a. hot spots b. high crime areas c. low threat areas d. low level zones e. high level hot zones 65. What are arrests that occur because of concerted efforts by law enforcement agencies to respond to a

particular type of criminal behavior? a. active engagement b. crime nets c. proactive arrests d. low-level priorities e. reactive arrests 66. What type of policing is a policing philosophy that requires police to identify potential criminal activity and Powered by Cognero

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Chapter 06: Problems and Solutions in Modern Policing

develop strategies to prevent that activity? a. active b. brave c. complex d. problem-oriented e. evidence-based 67. What is a mental state that occurs when a person suffers from exhaustion and has difficulty functioning

normally as a result of overwork and stress? a. PTSD b. burnout c. frustration d. exhaustion e. stress 68. What type of weapons are designed to subdue but not seriously harm suspects? a. alternative b. less lethal c. deadly d. energized e. no harm 69. In Tennessee v. Garner, the United States Supreme Court set the limits for the use of what by law

enforcement officers? a. discretion b. handcuffs c. non-deadly force d. deadly force e. Miranda warnings 70. What type of force applied by a police officer is likely or intended to cause death? a. deadly force b. non-deadly force c. aggressive force d. substantial force e. brute force 71. The conditions that cause stress—such as worries over finances or relationships—are known as what? a. inner-office turmoil b. command retaliation c. stressors Powered by Cognero

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Chapter 06: Problems and Solutions in Modern Policing d. aggressors e. personal issues 72. A division within a police department that investigates complaints of wrongdoing by police officers is what? a. investigations b. internal affairs c. executive board d. human resources e. officer accountability board 73. What can be defined as the misuse of authority by a law enforcement officer “in a manner designed to

produce personal gain”? a. police appropriation b. criminal theft c. police corruption d. police conduct e. discretion 74. The fundamental questions of fairness, justice, rightness, and wrongness are the subject matter of what? a. integrity b. duty c. policy d. police conduct e. ethics

75. Explain why police officers are allowed discretionary powers.

76. Explain the justifications for police discretion.

77. List and discuss the three primary purposes of police patrol.

78. What are the typical parts of a crisis intervention team?

79. Describe how forensic experts use DNA fingerprinting to solve crimes.

80. Explain differential response strategies and how they enable police departments to respond more efficiently

to 911 calls.

81. Explain the difference between community policing and reactive policing.

82. What did the United States Supreme Court rule on the use of force in Tennessee v. Garner (1985)?

83. When, typically, are police officers justified in using deadly force?

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Chapter 06: Problems and Solutions in Modern Policing 84. Outline the four categories of ethical dilemmas identified by Pollock and Becker.

Indicate the answer choice that best completes the statement or answers the question.

85. The police department for which you have just been named chief of police has been burdened recently with

a spike in violent offending, higher arrest rates, and unfavorable views toward policing from many in the community. You are charged with turning things around in a positive direction.

If your police department has been operating in such a way that calls for service have been the primary instigators of action, your department has been practicing ______. a. incident-driven policing b. random patrolling c. directed patrolling d. smart policing e. structured policing 86. The police department for which you have just been named chief of police has been burdened recently with

a spike in violent offending, higher arrest rates, and unfavorable views toward policing from many in the community. You are charged with turning things around in a positive direction.

One of the initiatives you are considering is to move away from your department’s current strategy of relying on your police officers monitoring a certain area with the goal of detecting crimes in progress or preventing crime due to police presence. Which of the following strategies are you considering moving away from? a. directed patrol b. random patrol c. smart policing d. community policing e. unlimited policing 87. The police department for which you have just been named chief of police has been burdened recently with

a spike in violent offending, higher arrest rates, and unfavorable views toward policing from many in the community. You are charged with turning things around in a positive direction.

Among your efforts to improve your department, you have directed officers to begin focusing on concentrated areas of high criminal activity that have been drawing a directed police response. These areas are known as ______. a. crime maps b. patrol locations c. hot spots d. community spots Powered by Cognero

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Chapter 06: Problems and Solutions in Modern Policing e. hot targets 88. The police department for which you have just been named chief of police has been burdened recently with

a spike in violent offending, higher arrest rates, and unfavorable views toward policing from many in the community. You are charged with turning things around in a positive direction.

In what is perhaps your biggest initiative, you have instated a new policy that will emphasize and adopt a community policing philosophy. Which of the following BEST describes this initiative? a. an emphasis on community support for and cooperation with the police in preventing crime b. a focus on neighborhoods and communities in disrepair and a crackdown on the crime there c. a philosophy that requires police to identify potential criminals within the community and respond

accordingly d. a strategy designed to focus on a specific type of criminal activity within a community e. a strategy to focus on repairing broken windows

89. As the newly appointed chief of police for your city, you have been asked to speak to community and

business leaders to set their minds at ease about the recent influx of violent offenders into your community.

How would you explain community policing and its contribution to the concept of problem-oriented policing?

90. Being out of the academy and now on the job for only six months, you are a fairly new addition to your

community’s police force. Recently, there was an incident in which you pulled out your weapon, fired it, and killed a suspect. Describe the setting and course of events that led to this tragic result but that also would justify your deadly use of force.

91. You are a lieutenant in your town’s police force who has just been on trial for and found guilty of police

corruption by a jury of your peers. Assuming the jury got it right, describe a scenario that represents your actions that led to this finding.

92. Your police chief has decided that your force will be better off switching from its historically reactive arrest

strategy to a revamped and much more proactive arrest strategy. You, as a lieutenant, have been chosen by the chief to explain this in detail to your fellow officers. What do you tell them?

93. You are a police chief speaking with new recruits about the many important roles they’ll assume as police

officers. What do you tell them about the core values of police subculture? List at least three of these core values.

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Chapter 06: Problems and Solutions in Modern Policing Answer Key 1. False 2. True 3. True 4. True 5. False 6. True 7. False 8. True 9. True 10. True 11. False 12. True 13. True 14. False 15. False 16. a 17. b 18. c 19. a 20. a 21. c 22. a 23. a 24. b 25. d Powered by Cognero

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Chapter 06: Problems and Solutions in Modern Policing 26. a 27. a 28. d 29. a 30. a 31. a 32. b 33. d 34. c 35. c 36. b 37. b 38. d 39. b 40. b 41. b 42. c 43. a 44. c 45. a 46. c 47. a 48. b 49. c 50. b 51. d Powered by Cognero

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Chapter 06: Problems and Solutions in Modern Policing 52. c 53. b 54. c 55. d 56. d 57. c 58. a 59. c 60. e 61. b 62. b 63. b 64. a 65. c 66. d 67. b 68. b 69. d 70. a 71. c 72. b 73. c 74. e 75. Answers will vary.

76. Answers will vary.

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Chapter 06: Problems and Solutions in Modern Policing 77. Answers will vary.

78. Answers will vary.

79. Answers will vary.

80. Answers will vary.

81. Answers will vary.

82. Answers will vary.

83. Answers will vary.

84. Answers will vary.

85. a 86. b 87. c 88. a 89. Answers will vary.

90. Answers will vary.

91. Answers will vary.

92. Answers will vary.

93. Answers will vary.

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Chapter 07: Police and the Constitution: The Rules of Law Enforcement

Indicate whether the statement is true or false.

1. Police officers may use personal observation to infer probable cause. a. True b. False 2. Evidence alone is not enough to establish probable cause to search. a. True b. False 3. If evidence would have been inevitably discovered, it can be used in court even if illegally obtained. a. True b. False 4. Once a search warrant has been issued, police officers are justified in searching every inch of space within the

specified location. a. True b. False 5. A police officer who has a search warrant for a laptop computer can search every drawer in the house

regardless of the size of the drawer. a. True b. False 6. Law enforcement officers on border patrol do not need a warrant to search vehicles crossing the border. a. True b. False 7. The Supreme Court allows warrantless searches of automobiles when the law enforcement agent has a

mistaken notion of the law. a. True b. False 8. Warrants are required for police to search abandoned property. a. True b. False 9. Coolidge v. New Hampshire first enunciated the automobile exception to the search warrant requirement. a. True b. False 10. Police can carry out a warrantless search of the cell phone belonging to the arrestee following an arrest. a. True b. False Powered by Cognero

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Chapter 07: Police and the Constitution: The Rules of Law Enforcement 11. The Supreme Court in the Terry v. Ohio (1968) case established the definition of the doctrine of “reasonable

suspicion” in stop-and-frisk situations. a. True b. False 12. An officer may make an arrest by reason of reasonable suspicion. a. True b. False 13. Under Miranda, a lawyer will be offered to a suspect if the suspect cannot afford one. a. True b. False 14. A family member of a suspect, who is currently in a custodial interrogation, has secured counsel for the

suspect. However, the suspect has not articulated that they want an attorney present during questioning, nor are they aware that an attorney has been hired on their behalf and has arrived at the police station. Under Miranda, the police detectives must pause their interrogation to inform this suspect that their attorney has arrived. a. True b. False 15. Once a suspect invokes his or her Miranda warning, officers have twenty-four hours to complete the

interrogation before the suspect’s lawyer must be summoned. a. True b. False 16. Suspects are not entitled to legal counsel during show-ups and photo arrays. a. True b. False

Indicate the answer choice that best completes the statement or answers the question.

17. Which of the following is not a legitimate source of probable cause? a. personal observation b. reasonable suspicion c. evidence d. informants 18. Which amendment provides protection from unreasonable search and seizure? a. the Fourth Amendment b. the Fifth Amendment c. the Sixth Amendment d. the Eighth Amendment 19. In which United States Supreme Court case was the inevitable discovery exception to the exclusionary rule Powered by Cognero

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Chapter 07: Police and the Constitution: The Rules of Law Enforcement

established? a. Rochin v. California (1952) b. Mapp v. Ohio (1961) c. Weeks v. United States (1914) d. Nix v. Williams (1984) 20. What is the term to describe the exception to the exclusionary rule that allows evidence to be admissible as

long as the officer was unaware that the warrant was technically invalid? a. the good faith exception b. probable cause c. an inevitable discovery d. particularity of search warrants 21. Which United States Supreme Court case created the good faith exception to the exclusionary rule? a. California v. Greenwood (1988) b. Wilson v. Arkansas (1995) c. Terry v. Ohio (1968) d. United States v. Leon (1984) 22. What is a rule under which any evidence that is obtained in violation of the accused’s rights will not be

admissible in court? a. rule of thumb b. exclusionary rule c. mercy rule d. fruit of the poisoned tree 23. What is the term used for evidence that was originally acquired illegally and, therefore, is inadmissible in

court? a. fruit of the poisonous tree b. exclusionary rule c. “inevitable discovery” exception d. “good faith” exception 24. What is the legal principle that describes when illegally obtained evidence can be admissible in court if the

police would have obtained it anyway by using lawful means? a. “inevitable discovery” exception b. “good faith” exception c. fruit of the poisonous tree d. exclusionary rule 25. The United States Supreme Court ruled in which case that garbage is not protected by the Fourth

Amendment?

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Chapter 07: Police and the Constitution: The Rules of Law Enforcement a. California v. Greenwood (1988) b. Wilson v. Arkansas (1995) c. Terry v. Ohio (1968) d. United States v. Leon (1984) 26. According to the Fourth Amendment of the U.S. Constitution, what legal term generally refers to the

searching for and the confiscating of evidence by law enforcement agents? a. stop and frisk b. the exclusionary rule c. an affidavit d. searches and seizures 27. Which of the following is NOT a requirement for a law enforcement officer to provide to a judge or

magistrate in order for them to issue a search warrant? a. the dangerousness of the offender b. information showing probable cause that a crime has been or will be committed c. specific information on the premises to be searched d. the suspect(s) to be found, the illegal activities taking place at those premises, and the items to be seized 28. In which court case did the recognized standard for a “reasonable expectation of privacy” become

established? a. Katz v United States (1967) b. Chimel v. United States (1969) c. Arizona v Evans (1995) d. Florida v. Jardines (2013) 29. Which U.S. Supreme Court case first identified the plain view doctrine? a. Coolidge v. New Hampshire (1971) b. Burger v. New York (1967) c. Carroll v. United States (1925) d. Whren v. United States (1996) 30. Which U.S. Supreme Court case allowed a search incident to arrest as long as the arrest was based on

probable cause? a. Katz v. United States (1967) b. Carroll v. United States (1925) c. Chimel v. United States (1969) d. United States v. Robinson (1973) 31. The standard for consent searches was set in which United States Supreme Court case? a. Katz v. United States (1967) Powered by Cognero

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Chapter 07: Police and the Constitution: The Rules of Law Enforcement b. Carroll v. United States (1925) c. Chimel v. United States (1969) d. Schneckcloth v. Bustamonte (1973) 32. One of the most important circumstances in which a search warrant is NOT needed is a search incidental to

arrest. What is another important circumstance in which a search warrant is NOT needed? a. consent searches b. automobile searches c. mobile or electronic device searches d. container searches 33. In which case did the United States Supreme Court rule that the law distinguishes autos, homes, and

personal as unique in police searches? a. Katz v. United States (1967) b. Carroll v. United States (1925) c. Chimel v. United States (1969) d. Schneckcloth v. Bustamonte (1973) 34. Regarding consent to search, in which situation below would all of these factors need to be taken into

consideration: coercive behavior by the police; the length and location of questioning; and the physical and mental condition of a suspect? a. consent given in the presence of their attorney b. consent voluntarily c. consent given during plea bargaining d. consent given because they have no choice 35. During which of the following, is a warrantless seizure justified if a police officer is legally in a position to

notice contraband that can be detected easily and inadvertently? a. inevitable discovery b. the plain view doctrine c. the exclusionary rule d. reasonable suspicion 36. Which of the following is a criterion for obtaining a valid warrant for electronic surveillance? a. Provide a broad time range that surveillance will be conducted. b. Articulate reasonable suspicion that a crime has been or will be committed. c. Detail “with particularity” the conversations to be monitored. d. The Patriot Act of 2001 eliminated all probable cause requirements.

37. In which case did the United States Supreme Court establish the recognized standard for a “reasonable

expectation of privacy”? a. Katz v. United States (1967) Powered by Cognero

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Chapter 07: Police and the Constitution: The Rules of Law Enforcement b. Carroll v. United States (1925) c. Chimel v. United States (1969) d. Schneckcloth v. Bustamonte (1973) 38. What is special about the “sneak and peek” provision (Section 213) of the USA PATRIOT Act? a. It applies only to investigations involving terrorism. b. It requires probable cause for search warrants. c. It allows law enforcement to search a person’s home and seize property without immediate

notification. d. It allows advances in technology for agents to “see” beyond normal human capabilities, such as thermal imaging.

39. What is the purpose of a frisk? a. to determine presence of the suspect’s identification b. to determine presence of weapons c. to determine presence of contraband d. to determine presence of evidence 40. Which United States Supreme Court case defined “reasonable” suspicion in stop-and-frisk situations? a. California v. Greenwood (1988) b. Wilson v. Arkansas (1995) c. Terry v. Ohio (1968) d. United States v. Leon (1984) 41. What is the requirement that an officer must have for a stop-and-frisk? a. consent b. probable cause c. a warrant d. reasonable suspicion 42. Under certain exigent circumstances, police officers can enter a dwelling without announcing themselves.

When officers have a reasonable belief, which of the following is an example of exigent circumstances? a. when the suspect is known to possess weapons b. when persons inside the dwelling are destroying evidence c. when the suspect is wanted for a felony d. when persons inside the dwelling are engaged in illegal drug activity 43. According to criminal justice professor Rolando V. del Carmen of Sam Houston State University, what are

the elements of arrest that must be present for an arrest to take place? a. the officer has the intent to arrest b. the officer has the means to make the arrest c. the officer has administered the Miranda warning Powered by Cognero

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Chapter 07: Police and the Constitution: The Rules of Law Enforcement d. the officer has frisked the suspect and removed any weapons that the suspect had been concealing 44. Under which Amendment would you be protected from self-incrimination? a. the Fourth Amendment b. the Fifth Amendment c. the Sixth Amendment d. the Seventh Amendment 45. When are Miranda rights required? a. when a suspect is being arrested b. when a suspect is being questioned c. when a suspect is being booked d. when a suspect is in custody and being questioned 46. When may witnesses be shown mug shots of possible suspects? a. during show-ups b. during photo arrays c. during lineups d. during booking 47. In what identification procedure are suspects entitled to legal representation? a. show-ups b. photo arrays c. lineups d. booking 48. When the Miami-Dade County (Florida) Police Department received an anonymous tip that Joelis Jardines

was growing marijuana in his home, they sent Franky, a chocolate Labrador trained to sniff out illegal drugs, to verify. After circling for a few minutes on Jardine’s front porch, Franky sat down near the front door. This was a signal to the two officers on the scene that the dog smelled something suspicious. Relying on Franky’s expertise, the officers obtained permission from a judge to search Jardine’s home. They found nearly 180 marijuana plants having an estimated street value of about $700,000. Jardines claimed that the officers had violated his right to privacy and the Supreme Court agreed. “The police cannot . . . hang around on the lawn or in the side garden, trawling for evidence and perhaps peering into the windows of the home,” said Justice Antonin Scalia.

What did the police use as justification for entering the apartment? a. the sound of movements from within the apartment b. the smell of marijuana from outside the apartment noticed by a police dog c. a known drug dealer entering the apartment d. the occupants’ refusal to open the apartment door 49. When the Miami-Dade County (Florida) Police Department received an anonymous tip that Joelis Jardines Powered by Cognero

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Chapter 07: Police and the Constitution: The Rules of Law Enforcement

was growing marijuana in his home, they sent Franky, a chocolate Labrador trained to sniff out illegal drugs, to verify. After circling for a few minutes on Jardine’s front porch, Franky sat down near the front door. This was a signal to the two officers on the scene that the dog smelled something suspicious. Relying on Franky’s expertise, the officers obtained permission from a judge to search Jardine’s home. They found nearly 180 marijuana plants having an estimated street value of about $700,000. Jardines claimed that the officers had violated his right to privacy and the Supreme Court agreed. “The police cannot . . . hang around on the lawn or in the side garden, trawling for evidence and perhaps peering into the windows of the home,” said Justice Antonin Scalia.

Which Amendment protects suspects such as Jardines from unreasonable searches? a. the Fourth Amendment b. the Fifth Amendment c. the Sixth Amendment d. the Fourteenth Amendment 50. When the Miami-Dade County (Florida) Police Department received an anonymous tip that Joelis Jardines

was growing marijuana in his home, they sent Franky, a chocolate Labrador trained to sniff out illegal drugs, to verify. After circling for a few minutes on Jardine’s front porch, Franky sat down near the front door. This was a signal to the two officers on the scene that the dog smelled something suspicious. Relying on Franky’s expertise, the officers obtained permission from a judge to search Jardine’s home. They found nearly 180 marijuana plants having an estimated street value of about $700,000. Jardines claimed that the officers had violated his right to privacy and the Supreme Court agreed. “The police cannot . . . hang around on the lawn or in the side garden, trawling for evidence and perhaps peering into the windows of the home,” said Justice Antonin Scalia.

The basis of the Supreme Court’s ruling that the Miami narcotics officers had overstepped the boundaries of their authority in entering and searching Jardine’s apartment was based on what principle? a. expectation of privacy b. lack of a search warrant c. lack of training of the police dog d. retroactive probable cause 51. When the Miami-Dade County (Florida) Police Department received an anonymous tip that Joelis Jardines

was growing marijuana in his home, they sent Franky, a chocolate Labrador trained to sniff out illegal drugs, to verify. After circling for a few minutes on Jardine’s front porch, Franky sat down near the front door. This was a signal to the two officers on the scene that the dog smelled something suspicious. Relying on Franky’s expertise, the officers obtained permission from a judge to search Jardine’s home. They found nearly 180 marijuana plants having an estimated street value of about $700,000. Jardines claimed that the officers had violated his right to privacy and the Supreme Court agreed. “The police cannot . . . hang around on the lawn or in the side garden, trawling for evidence and perhaps peering into the windows of the home,” said Justice Antonin Scalia.

The narcotics officers would have had established probable cause based on which of the four sources? a. personal observation b. information Powered by Cognero

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Chapter 07: Police and the Constitution: The Rules of Law Enforcement c. evidence d. association 52. On a stormy evening, you have been assigned as the “ticketing officer” of the night, which involves parking

out on the major route that runs through your town with a speed radar gun in hand. Without fail, in ten minutes you clock a car at 80 MPH in the 50 MPH zone. Once you catch up to the car and pull the speeder over, you walk up to the driver’s side door and bend down to peer in. As the words “license and registration please” come out of your mouth, you notice a bag containing a suspicious-looking substance sitting on the passenger seat.

What is linked to the concept of reasonableness? a. probable cause b. good faith c. exigent circumstances d. electronic surveillance 53. When the Miami-Dade County (Florida) Police Department received an anonymous tip that Joelis Jardines

was growing marijuana in his home, they sent Franky, a chocolate Labrador trained to sniff out illegal drugs, to verify. After circling for a few minutes on Jardine’s front porch, Franky sat down near the front door. This was a signal to the two officers on the scene that the dog smelled something suspicious. Relying on Franky’s expertise, the officers obtained permission from a judge to search Jardine’s home. They found nearly 180 marijuana plants having an estimated street value of about $700,000. Jardines claimed that the officers had violated his right to privacy and the Supreme Court agreed. “The police cannot . . . hang around on the lawn or in the side garden, trawling for evidence and perhaps peering into the windows of the home,” said Justice Antonin Scalia.

What is an example of the police entering Jardine’s apartment? a. search with a warrant b. consent search c. search incidental to an arrest d. custodial search 54. What is the basis for obtaining a search warrant? a. conviction b. probable cause c. officer safety d. chain of command 55. By definition, which of the following is considered a governmental intrusion on a citizen’s reasonable

expectation of privacy? a. a search b. a tax audit c. a census d. a solicitor Powered by Cognero

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Chapter 07: Police and the Constitution: The Rules of Law Enforcement 56. If the accused’s rights are violated under the Fourth, Fifth, or Sixth Amendment, to what could the evidence

be subjected? a. dismissal b. appeals c. exclusionary rule d. private search doctrine 57. Before going to a judge to ask for a warrant, what must a police officer prepare that provides specific,

written information on the property they wish to search? a. chain of evidence b. presentation c. police report d. affidavit 58. What could happen to items resulting from a crime, such as stolen goods or narcotics? a. They could be subject to seizure with an arrest warrant. b. They could be subject to seizure with a compensation to victims. c. They could be subject to seizure with a financial penalty. d. They could be subject to seizure with a search warrant.

59. What is the term or phrase called that happens pursuant to a lawful arrest of a person and the immediate

vicinity surrounding that person? a. search incident to arrest b. search pursuant to arrest c. exigent circumstances d. imminent control 60. If a crime is committed in the presence of a police officer, they have the authority to make what type of

arrest? a. immediate b. pretextual stop c. warrantless d. citizens 61. In Chimel v. California (1969), the Court established guidelines as to the acceptable extent of searches

incidental to an arrest. Also known as the arm’s reach doctrine, how large of an area may police search, with the goal to confiscate any weapons or evidence that the suspect could destroy? a. the entire vehicle b. a 30-foot radius c. only clothing and pockets d. within immediate control Powered by Cognero

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Chapter 07: Police and the Constitution: The Rules of Law Enforcement 62. Police can make what type of search if the subject of the search voluntarily gives law enforcement officers

permission to do so? a. safety b. arm’s reach c. consent d. pretextual 63. Searches incident to arrests are permissible, as long as the original arrest was based on which concept? a. eyewitness accounts b. reasonable suspicion c. probable cause d. exigent circumstances 64. In which landmark court case did the Supreme Court rule that police may search any area within the

suspect’s immediate control to confiscate any weapons or evidence that the suspect could destroy? a. Chimel v. California (1969) b. Terry v. Ohio (1968) c. United States v. Leon (1984) d. Katz v. United States (1967) 65. The Supreme Court clarified limitations of warrantless searches in what type of area in Arizona v. Gant

(2009)? a. houses b. cars c. tiny spaces for large evidence d. boats 66. What type of searches allow police officers to search every part of a vehicle that might contain the items

they are seeking, as long as they have probable cause to believe that the items are somewhere in the car? a. plain view b. incidental to arrest c. stop and frisk d. container 67. In Coolidge v. New Hampshire (1971), the United States Supreme Court ruled that, if specific criteria are

met, a warrantless seizure may be made under which doctrine? a. the fruit of the poisoned tree doctrine b. the arms reach doctrine c. the plain view doctrine d. the movable vehicle doctrine 68. According to which doctrine can clearly visible evidence be seized at any time?

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Chapter 07: Police and the Constitution: The Rules of Law Enforcement a. the plain view doctrine b. the arm’s reach doctrine c. the private search doctrine d. the fruits of the poisonous tree doctrine 69. What type of procedure is being conducted when police pat down a person’s clothing to look for weapons? a. a safety check b. a voluntary search c. a stop d. a frisk 70. A police department operates in a jurisdiction that is 20 percent African American and 80 percent Caucasian,

however 90 percent of its car stops are of African Americans, even though studies have shown that Caucasians commit traffic violations at the same rate. What is this police department possibly engaging in? a. ethnic profiling b. racial profiling c. community policing d. proactive enforcement 71. An arrest warrant is a written order issued by whom? a. the state attorney b. the district attorney c. the chief of police/county sheriff d. the judge/magistrate 72. A stop can be made on reasonable suspicion, but what more does an arrest need? a. probable cause b. probable suspicion c. clear and convincing evidence d. force 73. What is it called when there is direct questioning of a suspect to gather evidence of criminal activity in order

to try to gain a confession? a. good cop bad cop routine b. invoking Miranda c. coercion d. interrogation 74. Before which step must Miranda rights must be read to a suspect? a. stop and frisk begins b. custodial interrogation begins c. show-up begins Powered by Cognero

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Chapter 07: Police and the Constitution: The Rules of Law Enforcement d. booking procedure begins 75. When a suspect in custody wishes to invoke their Miranda right to not incriminate themselves during an

interrogation, how must they effectively communicate this to detectives? a. by refusing to speak during the entire interrogation b. by asking the detectives whether or not they need an attorney c. by making absolutely clear their intention to stop the questioning or having a lawyer present d. by signing the Miranda form 76. What is it called when either the suspect or the witness is returned to the crime scene for possible

identification? a. a show-up b. a photo array c. a lineup d. a confession

77. Outline the four major sources that may be used to establish probable cause.

78. Explain the exclusionary rule and its exceptions.

79. List the four categories of items that can be seized by use of a search warrant.

80. What is Justice John Harlan, Jr.’s two-pronged test for a person’s expectation of privacy?

81. Explain when searches can be made without a warrant.

82. Describe the requirements for seizures made under the plain view doctrine and identify one of its limitations.

83. Distinguish between a stop and a frisk, and indicate the importance of Terry v. Ohio (1968).

84. When has a false confession occurred?

85. List the three circumstances in which a law enforcement officer may make a warrantless arrest.

86. When is a Miranda warning required?

Indicate the answer choice that best completes the statement or answers the question.

87. On a stormy evening, you have been assigned as the “ticketing officer” of the night, which involves parking

out on the major route that runs through your town with speed radar gun in hand. Without fail, in ten minutes you clock a car at 80 MPH in the 50 MPH zone. Once you catch up to the car and pull the speeder over, you walk up to the driver’s side door and bend down to peer in. As the words “license and registration please” come out of your mouth, you notice a bag containing a suspicious-looking substance sitting on the passenger seat.

Which of the following would allow you to search the car without a warrant?

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Chapter 07: Police and the Constitution: The Rules of Law Enforcement a. if the bag contained money b. if the bag contained something that smelled horrible c. if obtaining a warrant would allow the suspect to destroy the evidence d. if the driver of the car had a previously unpaid ticket 88. All of the following are sources that may provide probable cause except which one? a. personal observation b. evidence c. a warrant d. association 89. If you illegally search the car and, while doing so, find illegal drugs and unlicensed weapons, which legal

principle would be the most likely reason that the suspect might avoid conviction for drugs or weapons charges? a. fruit of the poisoned tree b. probable cause c. reasonableness d. the inevitable discovery exception

90. You are a police detective who has been instructed by your immediate superior officer to interrogate a

suspect. “Be careful,” your superior officer warns you, “not to illicit a false confession.” What should you watch out for to adhere to your superior officer’s advice?

91. As you, the arresting officer, take the suspect into custody, you are certain that a Miranda warning is

unnecessary. Describe at least one arrest scenario in which this must be true.

92. You are a police detective investigating a series of criminal activity in a neighborhood. The neighborhood’s

population happens to be predominantly African American, and the two main suspects are also African American. How do you make sure your investigation does not fall under the definition of racial profiling?

93. You, as a newly hired detective, have just secured a warrant to use electronic surveillance in your

investigation of drug trafficking in and around your city. How can you be sure your warrant is valid to use this surveillance in your investigation?

Indicate the answer choice that best completes the statement or answers the question.

94. When a law enforcement agent simply knocks on a resident’s door and asks to come in, the decision to

cooperate lies solely with the resident. The officer does not need reasonable suspicion or probable cause that a crime has taken place. This is referred to what type of strategy? a. show-ups b. neighborhood policing c. knock and talks d. coffee with a cop Powered by Cognero

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Chapter 07: Police and the Constitution: The Rules of Law Enforcement Answer Key 1. True 2. False 3. True 4. False 5. False 6. True 7. True 8. False 9. False 10. False 11. True 12. False 13. True 14. False 15. False 16. True 17. b 18. a 19. d 20. a 21. d 22. b 23. a 24. a 25. a Powered by Cognero

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Chapter 07: Police and the Constitution: The Rules of Law Enforcement 26. d 27. a 28. a 29. a 30. d 31. d 32. a 33. b 34. b 35. b 36. c 37. a 38. c 39. b 40. c 41. d 42. b 43. a 44. b 45. d 46. b 47. c 48. b 49. a 50. a 51. b Powered by Cognero

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Chapter 07: Police and the Constitution: The Rules of Law Enforcement 52. a 53. a 54. b 55. a 56. c 57. d 58. d 59. a 60. c 61. d 62. c 63. c 64. a 65. b 66. d 67. c 68. a 69. d 70. b 71. d 72. a 73. d 74. b 75. c 76. a Powered by Cognero

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Chapter 07: Police and the Constitution: The Rules of Law Enforcement 77. Police officers can use (1) personal observation or information they observe, filtered through the personal

training, experience, and expertise to infer probable cause. Law enforcement officers can use (2) information received from others, as long as it is perceived as reliable, to formulate probable cause. In some circumstances, police can use (3) evidence to construct probable cause. When police see a person with a criminal background in a place where criminal activity is openly taking place, (4) association may contribute to probable cause.

78. Under the exclusionary rule, evidence that is gathered in violation of the defendant’s Fourth, Fifth, or Sixth

Amendment rights is not admissible in criminal court. The inevitable discovery exception says that illegally obtained evidence can be admissible in court if police using lawful means would have “inevitably” discovered it. The “good faith” exception says that illegally obtained evidence is admissible during trial if police acted in good faith in its collection.

79. In general, four categories of items can be seized by use of a search warrant: (1) items resulting from the

crime, (2) items that are inherently illegal for anyone to possess, (3) items that can be called evidence of the crime, and (4) items used in committing the crime.

80. 1. The individual must prove that she or he expected privacy.

2. Society must recognize that expectation as reasonable.

81. There are a number of circumstances under which a search can be made without a warrant, including (1)

searches incident to a lawful arrest, (2) consent, (3) stop and frisk, (4) hot pursuit, (5) the moveable vehicle exception, (6) plain view, (7) abandoned property, and (8) border searches.

82. Plain view is a legal principle that allows officers to make a warrantless seizure of an item if four criteria are

met: (1) the item is positioned so as to be detected easily by an officer’s sight, (2) the officer is legally in position to notice the item in question, (3) the discovery of the item is inadvertent, and (4) the officer immediately recognizes the illegal nature of the item. According to the Supreme Court, an item is not in plain view if law enforcement officers need the aid of technology to “see” it.

83. A stop is the brief detention of a person by law enforcement agents for questioning. The agents must have

reasonable suspicion of the person before making a stop. A frisk is a pat-down by police conducted for the officer’s safety. The frisk is conducted to discover the presence of weapons rather than illegal substances. The precedent of reasonable suspicion as a basis for stop and frisk was established through Terry v. Ohio (1968).

84. A false confession occurs when a suspect admits to a crime that he or she did not actually commit.

85. The offense is committed in the presence of the officer. The officer has probable cause to believe that the

suspect has committed a particular crime. The time lost in obtaining a warrant would allow the suspect to escape or destroy evidence, and the officer has probable cause to make an arrest.

86. Generally, Miranda requirements apply only when a suspect is in custody. A Miranda warning is required

before a custodial interrogation takes place.

87. c 88. c 89. a Powered by Cognero

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Chapter 07: Police and the Constitution: The Rules of Law Enforcement 90. Students answers will vary. Do not lead with information to plant ideas that the interviewee did not

previously know, do not threaten or coerce, and do not make false promises are some.

91. Students answers will vary. Law enforcement officials are allowed to request specific identifying

information such as address, date of birth, and name without having to first read the Miranda warnings.

Additionally, when a suspect is arrested but not yet interrogated, then Miranda warnings are not necessary.

92. Students answers will vary.

93. Students answers will vary.

94. c

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Chapter 08: Courts and the Quest for Justice

Indicate whether the statement is true or false.

1. Five justices, representing a majority of the United States Supreme Court, must agree to hear a case before a

writ of certiorari will be issued. a. True b. False 2. The due process function of the court is concerned with protecting individuals from the unfair advantage that

the government has with its vast resources. a. True b. False 3. It is common for two different court systems to have simultaneous jurisdiction over the same case. a. True b. False 4. Trial court judges issue written explanations for their decisions called opinions. a. True b. False 5. State trial courts with general jurisdiction may also be known as circuit courts. a. True b. False 6. The Justice of the Peace is the lowest court in judicial hierarchy. a. True b. False 7. Magistrates are no longer utilized in the American court system. a. True b. False 8. The federal court system is a two-tiered system. a. True b. False 9. The Superior Court is the final interpreter of the Constitution. a. True b. False 10. Federal judges have lifetime appointments and therefore cannot be impeached for judicial misconduct. a. True b. False 11. There is no absolute right to appeal to the United States Supreme Court.

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Chapter 08: Courts and the Quest for Justice a. True b. False 12. In most other countries, judges are not popularly elected. a. True b. False 13. The adversary system involves a structured set of procedures in the presentation of evidence. a. True b. False 14. All federal judges receive lifetime appointments to the bench. a. True b. False 15. The courtroom work group differs from a traditional work group at a company as each participant answers to

a different sponsoring agency. a. True b. False

Indicate the answer choice that best completes the statement or answers the question.

16. What court function is the “medical model” of the criminal justice system related to? a. rehabilitation b. bureaucratic c. crime control d. due process e. preventative 17. The ______ function of the court is concerned with the day-to-day processing of cases. a. due process b. crime control c. rehabilitative d. bureaucratic e. preventative 18. The court’s crime control function emphasizes punishment and ______. a. leniency b. rehabilitation c. retribution d. morality e. deterrence Powered by Cognero

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Chapter 08: Courts and the Quest for Justice 19. The ______ function of the courts is to protect individuals from the unfair advantages that the government

automatically enjoys in legal battles. a. leniency b. rehabilitation c. due process d. morality e. restorative 20. Which of the following is one of the bases of court jurisdiction? a. political b. geographic c. money d. time on task e. crime committed 21. Federal and state jurisdictions overlap when ______. a. a crime is considered an act of treason b. federal and state laws differ c. an action is criminal under both state and federal laws d. a crime takes place on federal property e. crime occurs in a city 22. When the state and federal governments have concurrent jurisdiction, ______. a. both courts are obligated to prosecute the offender b. the federal court must step aside and allow the state to prosecute the offender c. the state court must step aside and allow the federal court to prosecute the offender d. federal and state prosecutors will use their discretion to determine if one or both courts will prosecute e. state governments will have priority jurisdiction 23. Multiple trials can result when ______. a. states have different laws b. more than one subject matter is involved c. different countries share jurisdiction d. different state courts share jurisdiction e. double jeopardy is appropriate 24. Courts of limited jurisdiction handle ______ cases. a. felony b. minor c. military d. narcotics Powered by Cognero

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Chapter 08: Courts and the Quest for Justice e. terrorist 25. At the state level, courts of ______ jurisdiction have no restrictions on the subject matter they may address. a. international b. limited c. universal d. general e. unlimited 26. Courts having appellate jurisdiction act as ______. a. reviewers of cases concerned with questions of law b. courts of origination for the appeal c. reviewers of fact d. deciders of guilt or innocence e. creators of case law 27. The term dual court system refers to ______. a. the system of courts of original jurisdiction and courts of appeal b. the separate but interrelated system of federal and state courts c. the disposition of offenders handled by both judges and juries d. civil and criminal courts e. city and county courts 28. Trial courts are concerned with ______. a. questions of procedure b. questions of law c. questions of fact d. questions of due process e. questions of corruption 29. Which of the following is one of the levels of the state court system? a. United States Supreme Court b. appellate courts c. bankruptcy courts d. intellectual property courts e. land courts 30. Problem-solving courts include which of the following? a. justice of the peace b. drug courts c. probate courts Powered by Cognero

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Chapter 08: Courts and the Quest for Justice d. civil small claims courts e. military courts 31. The highest trial court with general jurisdiction is the ______. a. superior court b. municipal court c. county court d. state supreme court e. appellate court 32. Lower courts that have jurisdiction over one specific area of criminal activity, such as illegal drugs or

domestic violence are called ______. a. problem-solving courts b. magistrate courts c. superior courts d. trial courts e. appellate courts 33. Which federal circuit has jurisdiction over cases in which the U.S. government is the defendant? a. fifth b. thirteenth c. ninth d. eighth e. tenth 34. The United States Supreme Court is ______. a. a municipal court b. an appellate court c. the court of final resort d. a partisan court e. a trial court 35. Which of the following is considered a state specialty court? a. tax court b. juvenile court c. state appeals court d. U.S. Supreme court e. trial court 36. Which of the following is part of the U.S. federal court system? a. U.S. Tribunal Court Powered by Cognero

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Chapter 08: Courts and the Quest for Justice b. U.S. District Court c. state supreme courts d. Montana Supreme Court e. state court of appeals 37. What type of request does the Supreme Court issue to lower courts as an order to review the case record? a. Writ of certiorari b. Writ of habeas corpus c. Rule of four d. Corpus delicti e. Appeal 38. Which of the following is found in the United States Supreme Court decision? a. the writ of certiorari b. conference notes and transcripts c. concurring opinions d. appellate court transcripts e. trial evidence 39. United States Supreme Court rulings are discussed in ______. a. oral arguments b. briefs c. dissenting opinions d. conference e. the courtroom 40. Separate opinions prepared by judges who support the decision of the majority of the court but who want to

make or clarify a particular point or to voice disapproval of the grounds on which the decision was made are called ______ opinions. a. majority b. dissenting c. supporting d. concurring e. excluding 41. In the federal court system, judges are ______. a. elected by popular vote b. nominated by the president and confirmed by the Senate c. appointed by a joint House and Senate Judiciary Committee d. nominated by the Senate and confirmed by the president e. appointed by the chief of police Powered by Cognero

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Chapter 08: Courts and the Quest for Justice 42. Federal judges, once seated, serve a ______. a. four-year term b. five-year term c. ten-year term d. twenty-year term e. life term 43. During pretrial activities, the judge assumes the role of ______. a. referee b. teacher c. negotiator d. court administrator e. supervisor 44. During pretrial activities, a judge may handle which of the following? a. review probable cause for arrest b. invoke the rule for witnesses c. rule on motions for a directed verdict d. select a jury e. conduct cross-examination 45. Which of the following is a role of the judge during the trial? a. determine if there was sufficient probable cause for an arrest b. explain to the jury points of law that affect the case c. provide the defendant with instructions on the different defense strategies d. select the prosecutor to represent the state in the legal proceedings e. take down the court transcripts 46. The two key concepts in discussing methods of selecting judges are ______ and ______. a. accountability; responsibility b. independence; responsibility c. responsibility; partisanship d. accountability; independence e. responsibility; politics 47. The dominant figure in the courtroom work group is the ______. a. court clerk b. prosecutor c. judge d. bailiff e. court reporter Powered by Cognero

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Chapter 08: Courts and the Quest for Justice 48. Which member of the courtroom work group is responsible for the large amount of paperwork that is

generated during a trial? a. the court clerk b. the judge c. the court reporter d. the prosecutor e. the bailiff 49. On October 21, 2014, without much fanfare, Ahmed Abu Khattala made his first appearance in a federal

courthouse in Washington, D.C. Unshackled, wearing a black, zip-up hooded sweatshirt, unencumbered by any extra security, he heard the charges against him and swore to tell the truth, just like any other person charged with a crime. Khattala was not, however, your average criminal defendant. He was facing the death penalty for being the alleged ringleader of a 2012 terrorist attack that killed the U.S. ambassador and three other Americans in Benghazi, Libya. From 2001 to 2014, federal prosecutors operating in civilian criminal courts convicted 67 terrorist defendants captured on foreign soil. Voicing his support for the criminal justice system’s counterterrorism role at the time of Khattala’s arrest, then–U.S. Attorney General Eric Holder said, “We have shown, time and again, that upholding the rule of law is not inconsistent with safeguarding our national security.”

Which of the following is one of the safeguards that Khattala had in a civilian criminal court? a. right to make a plea deal b. right to call the prosecutor to the stand c. right to appeal d. right select the judge who will hear the case e. right to be tried internationally 50. A main criticism of the adversary process is that it sacrifices the goal of truth for what? a. money b. time c. victory d. politics e. justice 51. What role do courts perform according to the “medical model” of the criminal justice system? a. medicine b. treatment c. therapy d. help e. counseling 52. The primary function of the early American courts was the ______________ function, which was concerned

with protecting the rights of the individual against the power of the state.

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Chapter 08: Courts and the Quest for Justice a. due process b. procedural c. actus reus d. administrative e. deterrent 53. What function of the courts is necessary to keep the justice process moving with speed and efficiency? a. political b. criminal c. civil d. bureaucratic e. organizational 54. What function of the courts emphasizes punishment and retribution? a. due process b. procedural due process c. crime control d. procedural crime control e. substantive control 55. Which courts review decisions made by a trial court and decide if a case should be reversed or remanded? a. administrative b. criminal c. appellate d. civil e. Supreme Court 56. Courts in different states differ in their ______ jurisdiction. a. limited b. basic c. special d. geographic e. unlimited 57. What phrase literally refers to the power to “speak the law”? a. power b. res ipsa loquitur c. jurisdiction d. authority e. juris power Powered by Cognero

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Chapter 08: Courts and the Quest for Justice 58. Gordon van Kessel complains that the American court system fosters an atmosphere of what? a. ritualized aggression b. systematic oppression c. systemic racism d. habitual failure e. habitual oppression 59. What is the formal process by which one legal authority, such as a state or a nation, transfers a fugitive or a

suspect to another legal authority that has a valid claim on that person? a. jurisdictional transfer b. extradition c. extrication d. collateral estoppel e. extraction 60. According to the principles of _________ jurisdiction, a crime against all nations collectively can be

prosecuted by any nation having custody of the wrongdoer. a. multistate b. parallel c. complex d. universal e. geographic 61. The separate but interrelated court system of the United States, made up of the courts on the national level

and the courts on the state level, is called what? a. bilateral court system b. universal court system c. dual court system d. multifaceted court system e. two systems of justice 62. The lowest tier of the federal court system is comprised of what? a. appeals courts b. trial courts c. U.S. Supreme Court d. U.S. district courts e. appellate courts 63. Courts having ________ jurisdiction are also called trial courts and may be known as general jurisdiction

courts. a. new b. original Powered by Cognero

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Chapter 08: Courts and the Quest for Justice c. simple d. initial e. primary 64. Courts having _______ jurisdiction act as reviewing courts. a. appellate b. original c. simple d. complex e. geographic 65. Written statements by the judges expressing the reasons for the court’s decision in a case are called what? a. summaries b. opinions c. closing arguments d. reports e. cross-examinations 66. A public civil officer or official with limited judicial authority within a particular geographic area, such as

the authority to issue an arrest warrant is called what? a. a municipal judge b. an appellate judge c. a magistrate d. a marshall e. a judge 67. Lower courts that have jurisdiction over one specific area of criminal activity are called _______ courts. a. complex b. new c. divergent d. specialty e. limited 68. The highest court in a state is typically the state _______ court. a. supreme b. appellate c. trial d. magistrate e. district 69. What is the review called that is the power of a court—particularly the United States Supreme Court—to Powered by Cognero

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Chapter 08: Courts and the Quest for Justice

review the actions of the executive and legislative branches and, if necessary, declare those actions unconstitutional? a. supreme review b. article review c. judicial review d. legal review e. court review 70. What is a request from the United States Supreme Court asking a lower court for the record of a case called? a. Writ of Habeaus Corpus b. Writ of Corpus Christy c. Writ of Appeals d. Writ of Certiorari e. Writ of Control 71. What time of opinion is expressed when the Supreme Court judges disagrees with a decision by their fellow

Supreme Court members in writing? a. concurring opinion b. dissenting opinion c. conflicting opinion d. unpopular opinion e. differing opinion 72. What role do judges take on during pretrial activities? a. counselor b. attorney c. negotiator d. mediator e. social worker 73. The judge performs ________ duties to manage the day-to-day operations of the court. a. clerical b. administrative c. legal d. appellate e. sentencing 74. What combines both merit appointment and popular election to select judges? a. Arkansas Plan b. Judiciary Plan c. Missouri Plan Powered by Cognero

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Chapter 08: Courts and the Quest for Justice d. California Plan e. Election Plan 75. In what type of an election do candidates align themselves with a specified political party? a. bipartisan b. partisan c. special d. political e. structured 76. Who maintains order and security in the court? a. sheriffs b. police chiefs c. magistrates d. bailiffs e. correctional officers 77. Whose job or responsibility is it to keep up with paperwork generated during a trial, including transcripts

and evidence? a. court clerk b. court reporter c. attorney d. judge e. bailiff

78. Define and contrast the four functions of the courts.

79. What is concurrent jurisdiction and how common is it?

80. What is meant by a dual court system, how was it created, and what are some of the jurisdictional issues that

may arise from it?

81. What are some of the responsibilities of the bailiff of the court?

82. Explain the main difference between trial and appellate courts.

83. Outline and explain the different levels of a typical state court system.

84. Outline and describe the federal court system.

85. Explain briefly how a case is brought to the Supreme Court.

86. What are the three basic features that characterize the adversary system?

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Chapter 08: Courts and the Quest for Justice 87. Explain the impeachment process via which judges may be removed from office.

Indicate the answer choice that best completes the statement or answers the question.

88. You are a federal prosecutor trying an important “landmark” case. You are quite certain that, no matter

which way the case is decided, it will someday have its subject matter argued before the United States Supreme Court. You feel this way because the case’s subject matter is clearly of significant national importance.

Which of the following refers to the power of the Supreme Court to determine whether a law or action by the other branches of government is constitutional or not? a. judicial review b. statutory interpretation c. Writ of certiorari d. Rule of four e. jurisdiction 89. You are a federal prosecutor trying an important “landmark” case. You are quite certain that, no matter

which way the case is decided, it will someday have its subject matter argued before the United States Supreme Court. You feel this way because the case’s subject matter is clearly of significant national importance.

Which of the following is TRUE of most of the Supreme Court’s work? a. It is as a trial court. b. It is as an appellate court. c. It is a court of original jurisdiction. d. It is subject to a higher court’s review. e. It is presented with crime scene evidence.

90. You are a federal prosecutor trying an important “landmark” case. You are quite certain that, no matter

which way the case is decided, it will someday have its subject matter argued before the United States Supreme Court. You feel this way because the case’s subject matter is clearly of significant national importance.

If, in fact, the U.S. Supreme Court does want to hear the case after your trial has concluded, which of the following will they do? a. issue a writ of certiorari b. deny the rule of four c. write a concurring opinion d. write a dissenting opinion e. provide an oral argument 91. You are a federal prosecutor trying an important “landmark” case. You are quite certain that, no matter

which way the case is decided, it will someday have its subject matter argued before the United States Supreme Court. You feel this way because the case’s subject matter is clearly of significant national importance.

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Chapter 08: Courts and the Quest for Justice

Assume the Supreme Court hears the case. Further assume that the decision is an eight to one decision. What is the opinion of the one justice who stands alone called? a. the concurring opinion b. the dissenting opinion c. the majority opinion d. the plurality opinion e. the disagreeing opinion

92. As a federal judge sitting on the bench before a major federal trial, you are growing concerned that the trial

has dragged on for too long and that, because of the long nature of it, other trials are being delayed. Which of the court’s functions are you concerned about and how might you remedy the situation you find yourself in?

93. As a state judge who has sat on the bench overseeing state trials for more than 30 years, explain why the due

process function is, arguably, the most important function of your court.

94. You are a lawyer who is training a new associate at your firm. Explain to this new associate why most

criminal laws are state laws and why you feel it is important that the jurisdiction over those laws remain (for the most part) with the states and not the federal government.

95. You are a state senator who has brought to the floor for the consideration of your fellow senators a bill that

would introduce funding for specialty courts within your state. Explain to your fellow state senators the importance of these so-called problem-solving courts. How have they benefited other states?

96. You are a United States Supreme Court Justice. Recently, you spoke before a group of federal prosecutors

on the importance of interpreting and applying the law. Summarize below what you said to them.

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Chapter 08: Courts and the Quest for Justice Answer Key 1. False 2. True 3. True 4. False 5. True 6. True 7. False 8. False 9. False 10. False 11. True 12. True 13. False 14. True 15. True 16. a 17. d 18. c 19. c 20. b 21. c 22. d 23. d 24. b 25. d Powered by Cognero

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Chapter 08: Courts and the Quest for Justice 26. a 27. b 28. c 29. b 30. b 31. a 32. a 33. b 34. c 35. b 36. b 37. a 38. c 39. d 40. d 41. b 42. e 43. c 44. a 45. b 46. d 47. c 48. a 49. c 50. c 51. b Powered by Cognero

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Chapter 08: Courts and the Quest for Justice 52. a 53. d 54. c 55. c 56. d 57. c 58. a 59. b 60. b 61. c 62. d 63. b 64. a 65. b 66. c 67. d 68. a 69. c 70. d 71. b 72. c 73. b 74. c 75. b 76. d Powered by Cognero

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Chapter 08: Courts and the Quest for Justice 77. a 78. Answers will vary.

79. Answers will vary.

80. Answers will vary.

81. Answers will vary.

82. Answers will vary.

83. Answers will vary.

84. Answers will vary.

85. Answers will vary.

86. Answers will vary.

87. Answers will vary.

88. a 89. b 90. a 91. b 92. Answers will vary.

93. Answers will vary.

94. Answers will vary.

95. Answers will vary.

96. Answers will vary.

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Chapter 09: Pretrial Procedures: The Adversary System in Action

Indicate whether the statement is true or false.

1. Prosecutors are generally considered the most dominant figures in the American criminal justice system. a. True b. False 2. The Brady Rule prohibits prosecutors from withholding evidence from the defense. a. True b. False 3. The attorney general within each state has direct control over all prosecutors within the state’s boundaries on all legal matters. a. True b. False 4. The relationship between law enforcement and the prosecutor’s office is symbiotic in nature. a. True b. False 5. Prosecutors represent crime victims. a. True b. False 6. Conviction rates of defendants with private counsel and those represented by publicly funded attorneys are generally the same. a. True b. False 7. Indigent defendants may choose the attorney who will serve as their public defender. a. True b. False 8. Government agencies can charge fees for “free” legal counsel. a. True b. False 9. The right to counsel is guaranteed by the Sixth Amendment. a. True b. False 10. Defense lawyers must be guided by their own conscience when deciding whether to defend clients who are guilty. a. True b. False 11. Bail is a constitutional right. a. True Powered by Cognero

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Chapter 09: Pretrial Procedures: The Adversary System in Action b. False 12. Release on recognizance is a condition of sentencing. a. True b. False 13. Less than 10 percent of adult felony cases brought to prosecutors by police are dismissed through a nolle prosequi. a. True b. False 14. The plea bargaining process takes place once a guilty plea has been entered. a. True b. False 15. Prosecutors have the option to dismiss cases through a nolo contendere. a. True b. False 16. About 50 percent of all state criminal convictions are the result of plea bargaining. a. True b. False 17. Critics of plea bargaining contend that it gives prosecutors too much power to coerce defendants. a. True b. False

Indicate the answer choice that best completes the statement or answers the question.

18. Which of the following is one of the decisions the prosecutor must make during the pretrial process ? a. whether an individual who has been arrested by the police will be charged with a crime b. whether an individual should be indicted c. the level of the charges to be brought against the victim d. if and when to stop the sentencing e. if the victim will be providing testimony 19. What is the American justice system classified as? a. democratic b. autocratic c. symbolic d. adversarial e. bipartisan 20. Which of the following is the chief lawyer of the state and the nation? a. attorney general Powered by Cognero

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Chapter 09: Pretrial Procedures: The Adversary System in Action b. chief prosecutor c. district attorney d. general counsel e. state prosecutor 21. Public prosecutors must ultimately answer to whom? a. law enforcement b. the voters c. judges d. the governor e. jury members 22. Police officers are normally concerned with what type of guilt? a. factual b. assumed c. practical d. legal e. structured 23. What is a defense attorney’s main responsibility? a. ensure a “not guilty” verdict b. make sure the defendant does not serve time in prison or jail c. file motions to dismiss charges d. serve as advocate for the defendant e. plea bargain with the prosecutor 24. In which case did the United State Supreme Court extend the entitlement to state-provided counsel to

juveniles? a. Berger v. United States (1935) b. Gideon v. Wainwright (1963) c. Argersinger v. Hamlin (1972) d. In re Gault (1967) e. United States v. Zolin (1989) 25. In which case did the United States Supreme Court hold that the state must provide counsel to those who

cannot afford to hire one for themselves? a. Berger v. United States (1935) b. Gideon v. Wainwright (1963) c. Argersinger v. Hamlin (1972) d. United States v. Zolin (1989) e. In re Gault (1967) Powered by Cognero

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Chapter 09: Pretrial Procedures: The Adversary System in Action 26. Which of the following is one of the methods used for assigning attorneys to represent indigent defendants? a. public defender programs b. law school training programs c. supervised counsel programs d. first time attorney programs e. trial lawyer programs 27. Which of the following is one of the responsibilities of defense attorneys? a. investigating the crime scene b. communicating with the judge on what sentencing options there are c. investigating the guilt of the client d. preparing the victims testimony e. negotiating a sentence 28. Under what circumstance may an attorney break attorney-client privilege? a. The client discloses information about a crime that has not yet been committed. b. The client confesses to crimes that remain officially unsolved. c. The client confesses to the murder of a child. d. The client confesses to sexual assaults or rapes. e. The client confesses to crimes they did not commit.

29. Unless the defendant consents to disclosure, communication between a client and their attorney is subject to

what? a. attorney–client privilege b. discovery c. rules of engagement d. private conversation e. attorney-client confidentiality 30. Who is responsible for issuing an indictment? a. judge or magistrate b. prosecutor c. grand jury d. attorney general e. defense attorney 31. During which proceeding is an accused advised of the charges, right to counsel, and applicable bail? a. initial appearance b. preliminary hearing c. time of arrest d. arraignment Powered by Cognero

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Chapter 09: Pretrial Procedures: The Adversary System in Action e. booking 32. Which Amendment addresses bail? a. Fourth b. Fifth c. Sixth d. Eighth e. Fourteenth 33. According to the text, which of the following is a factor in a judge’s decision to set bail? a. the defendant’s “rap sheet” b. the victim’s wishes c. the risk the defendant will fail to pay d. overcrowded jails e. the defendant’s family wishes 34. In which case did the United States Supreme Court uphold preventive detention? a. Santobello v. New York (1971) b. Boykin v. Alabama (1969) c. Brady v. United States (1970) d. United States v. Salerno (1987) e. Argersinger v. Hamlin (1972) 35. Which of the following is a problem with bail and bail bonds that has led to the initiation of a bail bonds

reform in several states? a. Because they can refuse to post a bail bond, bail bond agents are, in essence, making a business decision concerning a suspect’s pretrial release. b. Bail bond agents provide opportunities for corruption, as they may improperly influence the victim’s family to provide testimony that increases the amount. c. About 80 percent of defendants released on bail are eventually found guilty of any crime. d. Defendants can easily skip bail and avoid a trial and conviction because there are no safeguards. e. The bail bond amount is low enough that the courts don’t make any money.

36. What factor would influence a judge’s decision-making process in setting bail? a. age of defendant b. uncertainty c. defendant’s income d. overcrowding of the court room e. victim’s wishes 37. What alternative to the bail system may a judge use? a. release on recognizance Powered by Cognero

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Chapter 09: Pretrial Procedures: The Adversary System in Action b. parole c. preventative detention d. revocation of bail e. probations 38. A judge’s order that releases an accused from jail with the understanding that they will return of their own

free will for further proceedings is called what? a. release on recognizance b. house arrest c. home stay d. revocation of bail e. release on trust 39. Which of the following is an alternative to posting bail by which the defendant may gain pretrial release? a. property bond b. 10 percent bond c. 10 percent cash bail d. IOU e. release on recognizance 40. Which of the following requires the court, in effect, to take the place of the bond agent? a. property bond b. 10 percent bond c. 10 percent cash bail d. IOU e. 20 percent bond 41. The primary purpose of discovery is for the ______. a. prosecutor to seek evidence for conviction b. judge to set the trial parameters for evidence c. defense to obtain information from the judge d. defense to request information from the prosecutor e. grand jury to issue an indictment 42. Which of the following must exist for the grand jury to issue an indictment against the defendant? a. discovery b. information c. probable cause d. nolle prosequi e. reasonable suspicion Powered by Cognero

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Chapter 09: Pretrial Procedures: The Adversary System in Action 43. Grand juries differ from trials. Which of the following is one of the differences? a. The deliberations of the jurors are secret. b. Jurors can ask the district attorney and the judge questions about relevant law and can request that

witnesses be recalled to the stand to testify a second time. c. The defense can cross-examine prosecution witnesses, though it can present its own witnesses. d. The proceedings are open to the public. e. The jurors are able to determine guilt.

44. What is the most important factor a prosecutor considers when deciding on criminal prosecution? a. existing caseloads b. police certainty of guilt c. sufficient evidence for conviction d. the victim’s wishes e. how many guilty pleas they have had that year 45. Prosecutors have discretion to do which of the following? a. stop the prosecution of a defendant b. issue an indictment c. determine the level of sentencing to be brought against a suspect d. determine if an individual will be given bail e. begin the process of discovery 46. What is one reason prosecutors may decide to dismiss cases? a. failure of plea bargain b. unreliable victims c. application of nolo contendere d. reputation of defense attorney e. defendant is sorry 47. Which of the following is the most important factor when prosecutors consider whether or not to proceed

with a prosecution? a. whether or not there is sufficient evidence for conviction b. whether or not the defendant is willing to testify against his or her accomplices c. whether or not the victim is willing to cooperate with the prosecution d. whether or not the community desires the prosecution of the offender e. whether or not the defendant can pay bail 48. Why would a defendant sign a Boykin form? a. To acknowledge waiving his or her right to counsel b. To acknowledge waiving his or her right to a trial c. To acknowledge waiving his or her right to a plea bargain Powered by Cognero

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Chapter 09: Pretrial Procedures: The Adversary System in Action d. To admit the crime he or she committed e. to admit they don’t have money for bail 49. When the prosecutor raises the level of the charges above where it should be to induce a plea bargain, she or

he is participating in ______. a. vertical overcharging b. unethical overcharging c. horizontal overcharging d. lateral overcharging e. structural overcharging 50. Which action occurs during the arraignment? a. The defendant is sentenced. b. The prosecutor presents evidence establishing probable cause. c. The defense files a motion to dismiss charges. d. The defendant enters a plea. e. The victim testifies.

51. In which case did the United States Supreme Court hold that plea bargaining is “an essential [and] highly

desirable” part of the criminal justice process? a. Santobello v. New York (1971) b. Boykin v. Alabama (1969) c. Brady v. United States (1970) d. North Carolina v. Alford (1970) e. United States v. Louisiana (2018) 52. In the high-risk, high-speed world of sprint car racing, it is not uncommon for two automobiles to bump into

each other, or “trade paint.” So, when Tony Stewart pinched Kevin Ward, Jr., against the front stretch wall at the Canandaigua (New York) Motorsports Park on the night of August 9, 2014, causing Ward’s car to crash, the incident could not have been considered out of the ordinary. Ward was, however, outraged. With the race suspended under a yellow caution flag, he exited his car and, wearing a dark suit, walked out onto the muddy track to confront Stewart. One driver swerved to avoid Ward, but Stewart’s sprint car fishtailed and struck him.

Soon thereafter, Ward died of “massive blunt force trauma.” The prosecutor brought the case to the grand jury asking for second-degree manslaughter. The grand jury did not find enough evidence however.

The prosecutor asked the jury to hand down which of the following? a. an arraignment b. a verdict c. a warrant d. an indictment e. information 53. In the high-risk, high-speed world of sprint car racing, it is not uncommon for two automobiles to bump into Powered by Cognero

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Chapter 09: Pretrial Procedures: The Adversary System in Action

each other, or “trade paint.” So, when Tony Stewart pinched Kevin Ward, Jr., against the front stretch wall at the Canandaigua (New York) Motorsports Park on the night of August 9, 2014, causing Ward’s car to crash, the incident could not have been considered out of the ordinary. Ward was, however, outraged. With the race suspended under a yellow caution flag, he exited his car and, wearing a dark suit, walked out onto the muddy track to confront Stewart. One driver swerved to avoid Ward, but Stewart’s sprint car fishtailed and struck him.

Soon thereafter, Ward died of “massive blunt force trauma.” The prosecutor brought the case to the grand jury asking for second-degree manslaughter. The grand jury did not find enough evidence however.

As was the case in this instance, the prosecutor examined the evidence to determine which cases to prosecute.

What is this referred to as? a. pursue b. delegate c. join d. screen e. try 54. In the high-risk, high-speed world of sprint car racing, it is not uncommon for two automobiles to bump into

each other, or “trade paint.” So, when Tony Stewart pinched Kevin Ward, Jr., against the front stretch wall at the Canandaigua (New York) Motorsports Park on the night of August 9, 2014, causing Ward’s car to crash, the incident could not have been considered out of the ordinary. Ward was, however, outraged. With the race suspended under a yellow caution flag, he exited his car and, wearing a dark suit, walked out onto the muddy track to confront Stewart. One driver swerved to avoid Ward, but Stewart’s sprint car fishtailed and struck him.

Soon thereafter, Ward died of “massive blunt force trauma.” The prosecutor brought the case to the grand jury asking for second-degree manslaughter. The grand jury did not find enough evidence however.

An indictment is ______. a. the time when the defendant enters a plea b. the time at which the prosecutor presents evidence c. the time at which jury selection begins d. the charging instrument issued by the grand jury e. the document that determines bail 55. In the high-risk, high-speed world of sprint car racing, it is not uncommon for two automobiles to bump into

each other, or “trade paint.” So, when Tony Stewart pinched Kevin Ward, Jr., against the front stretch wall at the Canandaigua (New York) Motorsports Park on the night of August 9, 2014, causing Ward’s car to crash, the incident could not have been considered out of the ordinary. Ward was, however, outraged. With the race suspended under a yellow caution flag, he exited his car and, wearing a dark suit, walked out onto the muddy track to confront Stewart. One driver swerved to avoid Ward, but Stewart’s sprint car fishtailed and struck him.

Soon thereafter, Ward died of “massive blunt force trauma.” The prosecutor brought the case to the grand jury asking for second-degree manslaughter. The grand jury did not find enough evidence however.

Most prosecutors consider several factors in making the decision to prosecute or “noll.” Given the information in the preface, which of those factors might provide the best opportunity to the prosecutor to noll? a. a defendant who is willing to testify against other offenders b. uncooperative victim c. offense seriousness Powered by Cognero

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Chapter 09: Pretrial Procedures: The Adversary System in Action d. sufficient evidence for conviction e. victim who doesn’t remember what occurred 56. Which rule holds that prosecutors are not permitted to keep evidence from the defendant and their attorneys

that may be useful in showing innocence? a. Bail b. Brodin c. Baldwin d. Boykin e. Brady 57. What system is known as the legal system in which the court arrives at a decision of guilt or innocence

based on evidence presented by the contestants—prosecutor and defender? a. prosecutorial system b. dual system c. adversary system d. fair system e. defense system 58. Which of the following are trial lawyers who initiate and conduct cases in the name of the people? a. attorney general b. public prosecutors c. district attorneys d. chief prosecutors e. tribal prosecutors 59. Who is the chief law officer of a state, and also the chief law officer of the nation? a. attorney general b. chief prosecutor c. district attorney d. general counsel e. state prosecutor 60. Individuals, acting as trial lawyers, who initiate and conduct cases in the government’s name and on behalf

of the people, are called what? a. attorney generals b. public prosecutors c. district attorneys d. chief prosecutors e. tribal prosecutors 61. What type of prosecutors are often young attorneys recently graduated from law school and are assigned to Powered by Cognero

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Chapter 09: Pretrial Procedures: The Adversary System in Action

particular sections of the prosecutor’s office? a. attorney general b. chief prosecutors c. district attorneys d. assistant prosecutors e. state prosecutor 62. Prosecutors are ultimately concerned with what type of guilt? a. legal b. illegal c. vertical d. factual e. correct 63. Which of the following are court-appointed attorneys who are paid by the state to represent those who are

unable to afford counsel? a. attorney general b. chief prosecutor c. district attorney d. general counsel e. public defenders 64. In Gideon v. Wainwright (1963), the United States Supreme Court held that any person coming to court

whose freedom is jeopardized is entitled to which of the following? a. prosecution b. testimony c. plea bargain d. counsel e. bail 65. What type of detention allows judges to deny bail to suspects with prior records of violence or

nonappearance for trial? a. structured b. proactive c. deferred d. deterred e. preventative 66. The defendant is informed of the charges, advised of the right to counsel, told the amount of bail, and given

a date for the preliminary hearing during which step of the trial process? a. initial appearance b. preliminary hearing Powered by Cognero

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Chapter 09: Pretrial Procedures: The Adversary System in Action c. sentencing d. arraignment e. booking 67. What is a charge or written accusation issued by a grand jury? a. arraignment b. verdict c. warrant d. indictment e. information 68. Referring to criminal charges, which term means “I will not contest it”? a. pass on guilt b. nol guilty c. nolle prosequi d. not guilty e. nolo contendere 69. After a suspect has been booked, they are brought before a magistrate in which step of the trial process? a. initial appearance b. preliminary hearing c. sentencing d. arraignment e. booking 70. If a judge authorizes the defendant released once security is posted, this is referred to as what? a. Boykin b. indictment c. information d. bail e. bond 71. The one who agrees, for a fee, to pay the bail amount if the accused fails to appear in court is called what? a. court agent b. bail judge c. bail bond agent d. court bondsman e. bond prosecutor 72. Which term refers to the dollar amount or conditions set by the court to ensure that an individual accused of

a crime will appear for further criminal proceedings?

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Chapter 09: Pretrial Procedures: The Adversary System in Action a. Boykin b. indictment c. information d. bail e. bond 73. During which phase does the defendant appear before a judge or magistrate who decides whether the

evidence presented is sufficient for the case to proceed to trial? a. initial appearance b. preliminary hearing c. sentencing d. arraignment e. booking 74. The formal investigation by each side before trial is called what? a. discovery b. information c. probable cause d. nolle prosequi e. reasonable suspicion 75. Which of the following is a hearing conducted in the manner of a mini-trial? a. initial appearance b. preliminary hearing c. sentencing d. arraignment e. booking 76. The group of citizens called to decide whether probable cause exists to believe that a suspect committed the

crime with which she or he has been charged is known as what? a. judge or magistrate b. prosecutor c. grand jury d. attorney general e. defense attorney 77. Which of the following is the formal charge against the accused issued by the prosecutor after a preliminary

hearing has found probable cause? a. Boykin b. indictment c. information Powered by Cognero

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Chapter 09: Pretrial Procedures: The Adversary System in Action d. bail e. bond 78. Which of the following is the term used to describe the process through which prosecutors reduce cases, that

is, decide whether to prosecute each person arrested? a. deferred prosecution b. deferred cases c. case loads d. nolle prosequi e. case attrition 79. Which form must be completed by each defendant who pleads guilty, stating that they have done so

voluntarily and with full comprehension of the consequences? a. Boykin b. indictment c. information d. bail e. bond 80. Which term refers to a tool used to induce a defendant to accept a plea bargain? a. overestimating b. pressure c. information d. coercion e. overcharging

81. During the pretrial process, prosecutors hold a great deal of power with three important decisions. What are

these three important things they must decide?

82. Contrast the prosecutor’s role as an elected official and as a crime fighter.

83. Compare and contrast public defenders with private defense attorneys.

84. List and explain the three types of defense counsel allocation programs.

85. Explain what happens during the initial appearance.

86. Explain why defense attorneys must often defend clients they know to be guilty.

87. What is the purpose of bail?

88. Define preventive detention and indicate why a judge might choose preventive detention for a suspect.

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Chapter 09: Pretrial Procedures: The Adversary System in Action 89. Explain how a prosecutor screens potential cases.

90. Indicate why prosecutors, defense attorneys, and defendants often agree to plea bargains.

Indicate the answer choice that best completes the statement or answers the question.

91. You have been working as a bail bond agent for more than 30 years. In that time, you have seen literally

thousands of defendants who were charged with serious crimes pass through your offices after receiving bail from a judge. Your state legislature has recently announced a new and concerted effort to increase the use of release on recognizance (ROR).

What would be the most likely outcome should your state dramatically increase the use of release on recognizance (ROR)? a. more business for you b. more profits for you c. less business and less profits for you d. no real effect on your business e. increase of other bail businesses 92. You have been working as a bail bond agent for more than 30 years. In that time, you have seen literally

thousands of defendants who were charged with serious crimes pass through your offices after receiving bail from a judge. Your state legislature has recently announced a new and concerted effort to increase the use of release on recognizance (ROR).

At what point in the overall process do judges decide whether or not they will be sending a suspect your way? a. during booking b. at the initial appearance c. at the arraignment d. at the preliminary hearing e. during plea bargaining 93. You have been working as a bail bond agent for more than thirty years. In that time, you have seen literally

thousands of defendants who were charged with serious crimes pass through your offices after receiving bail from a judge. Your state legislature has recently announced a new and concerted effort to increase the use of release on recognizance (ROR).

In any given case, the suspect may not need your services because they are being held without bail to await trial.

In such a case, what has the judge assigned to the suspect? a. a writ of certiorari b. release on recognizance (ROR) c. indictment d. preventive detention e. information 94. You have been working as a bail bond agent for more than thirty years. In that time, you have seen literally Powered by Cognero

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Chapter 09: Pretrial Procedures: The Adversary System in Action

thousands of defendants who were charged with serious crimes pass through your offices after receiving bail from a judge. Your state legislature has recently announced a new and concerted effort to increase the use of release on recognizance (ROR).

Your client (the accused) posted bail with your assistance and is now back in court to be informed of the charges and to enter a plea. At what stage leading up to the trial is the defendant? a. the booking b. the initial appearance c. the arraignment d. the plea bargain e. the indictment

95. You are a judge who is sitting before the initial appearance for a suspect arrested for murder. What factors

must you consider in deciding whether or not to set bail and, if so, how much bail?

96. You are a prosecutor who, at the initial appearance for the man you are charging with murder, is arguing

against the judge offering a release on recognizance. Explain why you might be making such an argument.

97. You have just been called to serve on a grand jury. You are worried about your important job, and that work

will suffer in your time away, but you do want to perform your civil duty to serve and so attend without objection. Upon arriving for service, you are told by a prosecuting attorney that serving on a grand jury is very different from serving on a trial or petit jury. The attorney begins to explain the differences. What does he or she say?

98. You have been charged with a series of serious offenses, many of which you are not guilty of committing.

Even though you are innocent of some of these charges, what reasons might you have for pleading guilty to them?

99. You and your defense attorney have strategized and have decided that, eventually, the best chance you have

at receiving the “lightest” sentence is to plead guilty through a plea bargain. At the arraignment, however, your defense attorney enters a plea of “not guilty” on your behalf. What might be her or his motivation for doing so?

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Chapter 09: Pretrial Procedures: The Adversary System in Action Answer Key 1. True 2. True 3. False 4. True 5. False 6. True 7. False 8. True 9. True 10. True 11. False 12. False 13. False 14. False 15. False 16. False 17. True 18. a 19. d 20. a 21. b 22. a 23. d 24. d 25. b Powered by Cognero

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Chapter 09: Pretrial Procedures: The Adversary System in Action 26. a 27. b 28. a 29. a 30. c 31. a 32. d 33. d 34. d 35. a 36. b 37. a 38. a 39. a 40. c 41. d 42. c 43. b 44. c 45. a 46. b 47. a 48. b 49. a 50. d 51. a Powered by Cognero

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Chapter 09: Pretrial Procedures: The Adversary System in Action 52. d 53. d 54. d 55. d 56. e 57. c 58. b 59. a 60. b 61. d 62. a 63. e 64. d 65. e 66. a 67. d 68. e 69. a 70. d 71. c 72. d 73. b 74. a 75. b 76. c Powered by Cognero

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Chapter 09: Pretrial Procedures: The Adversary System in Action 77. c 78. e 79. a 80. e 81. Answers will vary.

82. Answers will vary.

83. Answers will vary.

84. Answers will vary.

85. Answers will vary.

86. Answers will vary.

87. Answers will vary.

88. Answers will vary.

89. Answers will vary.

90. Answers will vary.

91. c 92. b 93. d 94. c 95. Answers will vary.

96. Answers will vary.

97. Answers will vary.

98. Answers will vary.

99. Answers will vary.

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Chapter 10: The Criminal Trial

Indicate whether the statement is true or false.

1. The United States Supreme Court does not require a trial by jury for defendants charged with misdemeanor crimes. a. True b. False 2. The Sixth Amendment specifies the time limit for a trial to be considered “speedy.” a. True b. False 3. In most jurisdictions, jury verdicts in criminal cases must be unanimous for acquittal or conviction. a. True b. False 4. A defendant has the right to “take the Fifth” without prejudicing the jury in the prosecution’s favor. a. True b. False 5. A challenge for cause does not have to specify a reason why a prospective juror should be excused. a. True b. False 6. The Supreme Court has ruled that individuals may not be legally excluded from a jury in a capital case if they would under no circumstances vote for a guilty verdict if it carried the death penalty. a. True b. False 7. Evidence is anything used to prove the existence or nonexistence of a fact. a. True b. False 8. Evidence seen by a jury in court is real evidence. a. True b. False 9. A dying declaration would usually qualify as an exception to the hearsay rule. a. True b. False 10. Double jeopardy always prevents a criminal defendant from being tried twice for the same crime. a. True b. False 11. The “charge” sets forth the rules of law to be applied by the jury in reaching a decision. a. True b. False Powered by Cognero

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Chapter 10: The Criminal Trial 12. Acquitted defendants can be sued in civil court for circumstances arising from the alleged wrongdoing on the theory that they are not being tried for the same crime twice. a. True b. False 13. A hung jury means that the defendant cannot be retried because of double jeopardy. a. True b. False 14. With a writ of habeas corpus, a lawyer orders an incarcerated person to be produced in court. a. True b. False

Indicate the answer choice that best completes the statement or answers the question.

15. The right to a speedy trial is provided for under the ______. a. Fourth Amendment. b. Fifth Amendment. c. Sixth Amendment. d. Eight Amendment e. Fourteenth Amendment 16. What crime is exempt from the statute of limitations? a. rape b. kidnapping c. arson d. murder e. assault 17. The size of the jury in federal cases ______. a. can be as large as the defense team desires. b. is set at 12 and cannot be adjusted c. can be limited to fewer than six members if the defendant requests it. d. can be smaller than 12 if both sides agree in writing e. must be a minimum of 13 jurors 18. Which of the following is a law limiting the amount of time prosecutors have to bring criminal charges

against a suspect after the crime has occurred? a. statute of liberty b. diminished responsibility c. voir dire d. statute of limitations Powered by Cognero

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Chapter 10: The Criminal Trial e. statute of charges 19. At the national level, the Speedy Trial Act of 1974 (amended in 1979) specifies no more than how many

days between arrest and indictment for the adjudication of offenders in the federal court system? a. 15 b. 30 c. 60 d. 90 e. 100 20. In which case did the United States Supreme Court hold that the prosecutorial tactic of citing a defendant’s

refusal to testify as an indicator of the defendant’s guilt effectively invalidates the defendant’s Fifth Amendment right to remain silent? a. Barker v. Wingo (1972) b. Duncan v. Louisiana (1968) c. Ballew v. Georgia (1978) d. Adamson v. California (1947) e. Ramos v. Louisiana (2020) 21. Witnesses who have been granted immunity ______. a. do not have to testify b. have the benefit of a presumption of innocence c. do not have to answer questions that they do not want to d. cannot be charged of a crime on the basis of their testimony e. must testify during the civic case 22. In voir dire, potential jurors are screened for ______. a. biases b. exemptions c. criminal records d. ability to commit to jury duty e. knowledge 23. What is a trial conducted without a jury, in which a judge makes the determination of the defendant’s guilt

or innocence, called? a. venire b. jury trial c. voir dire d. bench trial e. grand jury 24. What is it called when a juror is evaluated for fitness to sit on a jury?

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Chapter 10: The Criminal Trial a. a voir dire b. a nolle prosequi c. a peremptory challenge d. a challenge for cause e. a deselection 25. Which process involves both written and oral questioning of potential jurors? a. voir dire b. venire c. jury selection d. jury challenge e. nolle prosequi 26. Venire is best described as ______. a. a list of all those eligible to serve on a criminal trial jury. b. a pool of citizens called to the courthouse from which the jury will be chosen. c. a written questionnaire that potential jurors must complete for the court. d. the preliminary questions that attorneys ask jurors in order to determine if they are biased for or

against the defendant. e. the jurors that will be utilized in a trial 27. Which of the following is a requirement to serve on a jury? a. A citizen must be 21 years of age. b. A citizen must be able to read, write, and comprehend English. c. A citizen must be a registered voter. d. A citizen must be free from misdemeanor convictions. e. A citizen must be born in the state the trial is taking place.

28. Peremptory challenges are which of the following? a. unlimited b. limited in number c. not allowed in capital cases d. not allowed as a result of Swain v. Alabama e. only allowed during sentencing 29. Voir dire translates from French as ______. a. “for justice.” b. “a test of truth.” c. “to come.” d. “to speak the truth.” e. “I do not contest” Powered by Cognero

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Chapter 10: The Criminal Trial 30. In which case did the United States Supreme Court prohibit prosecutors from the use of peremptory

challenges to strike possible jurors on the basis of race? a. Batson v. Kentucky (1986) b. Powers v. Ohio (1991) c. Georgia v. McCollum (1992) d. J.E.B. v. Alabama ex rel. T.B. (1994) e. Duncan v. Louisiana (1968) 31. Under the Batson ruling, the defendant must prove that the prosecution’s use of a peremptory challenge was

racially motivated. Doing so requires a number of legal steps. Which of the following is one of these steps? a. First, the defendant must make a prima facie case that there has been discrimination during venire. b. The defendant must show that they are a member of a recognizable political group and that the prosecutor has used peremptory challenges to remove members of this group from the jury pool. c. The defendant must show that these facts and other relevant circumstances raise the possibility that the prosecutor removed the prospective jurors solely because of their gender. d. A defendant may contest race-based peremptory challenges only if the defendant is not of the same race as the excluded jurors. e. A defendant may contest that they are being discriminated against based upon their family history.

32. What type of evidence tends to make a fact in question more or less probable than it would be without the

evidence? a. direct b. circumstantial c. real d. relevant e. factual 33. What type of evidence is offered to establish, by inference, the likelihood of a fact that is in question? a. direct b. circumstantial c. real d. relevant e. factual 34. What type of evidence establishes the existence of a fact that is in question without relying on inference? a. direct b. circumstantial c. real d. relevant e. factual Powered by Cognero

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Chapter 10: The Criminal Trial 35. What type of evidence is brought into court and seen by the jury, as opposed to evidence that is described

for the jury? a. direct b. circumstantial c. real d. relevant e. factual 36. When a witness takes the stand to offer testimony during a criminal trial, how many opportunities do both

the defense and the prosecutor have to question them? a. one b. two c. three d. four e. five 37. The standard of guilt in criminal trials is ______. a. clear and convincing evidence b. preponderance of the evidence c. without a doubt d. beyond a reasonable doubt e. reasonable suspicion 38. The right to confront witnesses during a criminal trial is guaranteed by the ______. a. Fourth Amendment b. Fifth Amendment c. Sixth Amendment d. Fourteenth Amendment e. Eighth Amendment 39. Which term refers to when the attorneys give a brief version of the facts and the supporting evidence that

they will present during a trial? a. closing argument b. opening statement c. testimony d. evidence phase e. cross-examination 40. The rules of evidence state that expert witnesses may base their opinions on three types of information.

Which of the following is one of those types of information? a. speculation about the future behavior of the defendant b. facts or data of which they have personal knowledge Powered by Cognero

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Chapter 10: The Criminal Trial c. material presented during sentencing d. firsthand information given to the expert outside the courtroom e. other evidence processed by peers 41. What does the defense needs to create to get an acquittal? a. some doubt b. sufficient doubt c. certainty d. reasonable doubt e. innocence 42. Which of the following is not an affirmative defense? a. self-defense b. duress c. insanity d. entrapment e. innocence 43. At trial, after the prosecution rests, the defense can make a ______. a. motion for appeal b. motion for a directed verdict c. motion for habeas corpus d. motion for voir dire e. motion for acquittal 44. In which case did the United States Supreme Court set forth rules whereby a judge may send a deadlocked

jury back to reconsider the majority view? a. United States v. Dinitz (1976) b. Allen v. United States (1896) c. Sattazahn v. Pennsylvania (2003) d. Miranda v. Arizona (1966) e. Pena-Rodriguez v. Colorado (2017) 45. When the jury comes back with a vote for acquittal and the case evidence clearly points to the defendant’s

guilt, this is known as ______. a. jury nullification b. a hung jury c. vigilante justice d. a mistrial e. jury deliberation Powered by Cognero

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Chapter 10: The Criminal Trial 46. In which of the following circumstances does double jeopardy apply? a. when the defendant will be charged both criminally and civilly b. when the first trial ends in a hung jury c. when the defendant will be charged in both state and federal criminal court d. when the state prepares a second criminal trial for the same defendant and the same crime e. when the same prosecutor is present in another trial for a different crime 47. Which of the following is grounds for an appeal? a. to correct an error in the first trial b. to challenge or correct the judges sentencing c. when the defendant has obtained new, more expensive counsel d. when an existing law has been updated e. when the victim is victimized again 48. Which of the following is one of the five steps of the appeals process? a. written arguments submitted to the court b. submission of opening statements c. testimony of witnesses d. submission of new evidence e. judge deliberates and provides a written opinion 49. When the appellate court sends the case back to the trial court without overturning it, the case is said to be

______. a. upheld b. remanded c. reversed d. stalled e. overturned 50. What is a right of the Fifth Amendment? a. the prohibition against double jeopardy b. the right to a speedy trial c. the right to confront witnesses d. the right to an attorney e. right to unreasonable searches 51. What time frame must habeas corpus petitions be filed after the date of conviction? a. within six months b. no later than one year c. no later than two years d. within three years Powered by Cognero

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Chapter 10: The Criminal Trial e. within three months 52. Which of the following would typically be a reason for jury sequestration? a. The defendant is facing the death penalty. b. Deliberations are expected to be quick. c. The trial is attracting a low amount of interest. d. The judge wants to keep the jury from being unduly influenced. e. The judge wants the public to be present during deliberation.

53. Wrongful convictions can be overturned only by ______. a. a habeas corpus b. law enforcement misconduct c. presentation of new evidence d. faulty forensic evidence e. a new judge 54. Gigi Jordan never denied killing Jude, her eight-year-old son. Her justification for giving the boy a lethal

dose of drugs at a luxury midtown Manhattan hotel was, however, quite unusual. “She did it because she loved Jude.” Specifically, Jordan claimed that her first husband was planning to murder her, leaving Jude in the custody of her second husband, his father. This man, she was convinced, would sexually abuse the boy, who suffers from autism, a developmental disorder that impairs one’s ability to communicate. The jury accepted Jordan’s explanation for ending Jude’s life and found her guilty of manslaughter instead of murder. According to one juror, Jordan’s beliefs may have been irrational or incorrect, but her actions met the definition of extreme emotional disturbance.

What type of defense did Jordan likely use? a. self-defense b. insanity c. duress d. entrapment e. coercion 55. Gigi Jordan never denied killing Jude, her eight-year-old son. Her justification for giving the boy a lethal

dose of drugs at a luxury midtown Manhattan hotel was, however, quite unusual. “She did it because she loved Jude.” Specifically, Jordan claimed that her first husband was planning to murder her, leaving Jude in the custody of her second husband, his father. This man, she was convinced, would sexually abuse the boy, who suffers from autism, a developmental disorder that impairs one’s ability to communicate. The jury accepted Jordan’s explanation for ending Jude’s life and found her guilty of manslaughter instead of murder. According to one juror, Jordan’s beliefs may have been irrational or incorrect, but her actions met the definition of extreme emotional disturbance.

What process does the jury begin after receiving the charge? a. deliberations b. consultations Powered by Cognero

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Chapter 10: The Criminal Trial c. discussions d. questioning e. assessment 56. Which Amendment guarantees the right to a speedy trial? a. Fourth b. Fifth c. Sixth d. Eight e. Fourteenth 57. What type of jury does the Sixth Amendment guarantee the right to? a. speedy b. partial c. impartial d. grand e. bench 58. Once acquitted of a crime, a person cannot be tried or indicted again for the same crime. What is this called? a. self-defense b. double jeopardy c. self-incrimination d. entrapment e. coercion 59. What are witnesses often granted before testifying, meaning that no information they disclose can be used to

bring criminal charges against them? a. immunity b. confidentiality c. anonymity d. disclosure e. self-incrimination 60. The list of citizens in a court’s district from which a jury can be selected and that is compiled from voter-

registration lists, driver’s license lists, and other sources is called what? a. master citizen list b. citizen selection list c. master jury list d. selection list e. jury process list Powered by Cognero

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Chapter 10: The Criminal Trial 61. Which of the following is composed of all those people who are notified by the clerk of the court that they

have been selected for jury duty? a. voir dire b. venire c. jury selection d. jury challenge e. nolle prosequi 62. What term refers to the process of questioning prospective jurors to identify potential bias or any connection

to the defendant or a witness? a. selection b. removal c. challenge for cause d. voir dire e. peremptory 63. A juror may be excused without a supporting reason or cause using what type of challenge? a. selection b. removal c. challenge for cause d. voir dire e. peremptory 64. Which of the following in a state court is known as a “motion for judgment as a matter of law” in the federal

courts? a. motion for appeal b. motion for a directed verdict c. motion for habeas corpus d. motion for voir dire e. motion for acquittal 65. What type of evidence is admissible in court? a. hearsay b. irrelevant c. prejudiced d. relevant e. fake 66. The questioning of opposing witnesses during trial is considered what type of examination? a. evidence b. closing Powered by Cognero

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Chapter 10: The Criminal Trial c. open d. direct e. cross 67. Which term refers to anything that is used to prove or disprove a fact? a. examination b. prosecution c. defense d. evidence e. testimony 68. What type of evidence tends to make a fact in question more or less probable than it would be without the

evidence? a. direct b. circumstantial c. real d. relevant e. factual 69. Which term refers to the defense suggesting that while the criminal act took place, the defendant should not

be found guilty because of certain circumstances surrounding the crime? a. affirmative defense b. alibi defense c. duress defense d. entrapment defense e. coercion defense 70. What term refers to a jurors’ unrealistic expectations of forensic evidence? a. scientific effect b. abundant effect c. forensic effect d. evidence effect e. CSI effect 71. When the defense presents evidence that the accused was not at or near the scene of the crime at the time the

crime was committed, this is an example of what type of defense? a. intoxication b. insanity c. duress d. self-defense e. alibi Powered by Cognero

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Chapter 10: The Criminal Trial 72. What is the type of evidence given to counteract or disprove evidence presented by the opposing party? a. direct b. rebuttal c. testimony d. circumstantial e. expert 73. What term refers to a jury that is isolated from the public? a. remote b. secluded c. secret d. sequestered e. nullified 74. What is the order called that requires corrections officials to bring an inmate before a court or judge and

explain why they are being held in prison? a. a habeas corpus b. voir dire c. Allen charge d. instruction e. plea 75. What process seeks a higher court’s review of a lower court’s decision? a. review b. deliberation c. trial d. sentencing e. appeal 76. What term refers to a jury where members are irreconcilably divided? a. jury nullification b. a hung jury c. vigilante justice d. a mistrial e. jury deliberation 77. In which charge does the judge asks jurors in the minority of a deadlocked to reconsider the majority

opinion? a. Allen b. jury c. re-deliberation Powered by Cognero

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Chapter 10: The Criminal Trial d. sequester e. nullification 78. What occurs when jurors acquit a defendant despite significant evidence of guilt? a. jury nullification b. a hung jury c. vigilante justice d. a mistrial e. jury deliberation 79. What is the conviction, either by verdict or by guilty plea, of a person who is factually innocent of the

charges? a. defense conviction b. innocent conviction c. factual conviction d. wrongful conviction e. coerced conviction 80. One reason for wrongful conviction is provided by “jailhouse snitches” and other offenders who are

motivated to lessen their own punishment by incriminating other suspects. What is another term for this act? a. phony testimony b. hearsay testimony c. expert testimony d. entrapment testimony e. false informant testimony

81. Identify and explain the basic protections enjoyed by criminal defendants during a trial in the United States.

82. Explain what “taking the Fifth” during a trial really means.

83. Discuss the requirements to be a juror.

84. Contrast challenges for cause and peremptory challenges during voir dire.

85. List the standard steps in a criminal jury trial.

86. Explain the difference between direct and circumstantial evidence.

87. List the possible affirmative defenses a defendant could employ during a criminal trial.

88. Delineate circumstances in which a criminal defendant may in fact be tried a second time for the same act.

89. List the five basic steps of an appeal.

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Chapter 10: The Criminal Trial 90. Explain the differences between a hung jury, a unanimous jury for acquittal, and a unanimous jury for

conviction, and the next step in the judicial process for each outcome.

Indicate the answer choice that best completes the statement or answers the question.

91. You are on trial for an assault that you believe you are not guilty of committing. There does exist, however,

in your record, a series of arrests for very similar assaults. Additionally, the person whom you are accused of assaulting has been previously fined and punished for false allegations of assault. You are not sure how this trial will proceed, but you have faith in your defense counsel.

If the prosecution brings up your past assaults, how is your defense attorney likely to respond? a. by objecting to the introduction of prejudicial evidence b. by objecting to the introduction of relevant evidence c. by objecting to the introduction of circumstantial evidence d. by allowing the evidence to be introduced because it will only help your cause e. by allowing only one question to be asked 92. You are on trial for an assault that you believe you are not guilty of committing. There does exist, however,

in your record, a series of arrests for very similar assaults. Additionally, the person whom you are accused of assaulting has been previously fined and punished for false allegations of assault. You are not sure how this trial will proceed, but you have faith in your defense counsel.

What types of questions will the prosecutor be allowed to ask of any witnesses they have called? a. direct questions b. leading questions c. fake questions d. character questions e. phony questions 93. You are on trial for an assault that you believe you are not guilty of committing. There does exist, however,

in your record, a series of arrests for very similar assaults. Additionally, the person whom you are accused of assaulting has been previously fined and punished for false allegations of assault. You are not sure how this trial will proceed, but you have faith in your defense counsel.

If your defense attorney begins to introduce evidence regarding the victim’s prior record of false accusations, is the judge likely to allow it, and why? a. Yes, because any information about the victim is permissible. b. Yes, because it is direct evidence. c. No, because it is circumstantial evidence. d. No, because courts seldom allow evidence that portrays victims in a negative light. e. No, because only evidence against the defendant is allowed.

94. You are on trial for an assault that you believe you are not guilty of committing. There does exist, however, Powered by Cognero

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Chapter 10: The Criminal Trial

in your record, a series of arrests for very similar assaults. Additionally, the person whom you are accused of assaulting has been previously fined and punished for false allegations of assault. You are not sure how this trial will proceed, but you have faith in your defense counsel.

When giving his or her instructions to the jury, how will the judge in your trial determine which of the evidence that was presented is relevant? a. by focusing only on the evidence that tended to make facts in question more or less probable than they would have been without that evidence b. by focusing only on the evidence that came from expert witnesses as opposed to lay witnesses c. by focusing only on the evidence that was circumstantial and not direct d. by focusing only on the evidence that was direct and not circumstantial e. by focusing only on the evidence accompanied by an expert witness

95. During your trial, the prosecution begins to “delve into” your past criminal record. Immediately, your

defense attorney objects to the prosecution’s tactics. Under what principle did your defense attorney object, and what circumstances might exist for his objection to be overruled by the judge?

96. In this same trial, the prosecution repeatedly admits circumstantial evidence against you into the trial. What

might be an example of circumstantial evidence, and how does this type of evidence differ from direct evidence? Explain why the prosecution would be better off admitting direct evidence instead of circumstantial evidence.

97. Suppose that the prosecution introduces evidence against you that the judge deems to be prejudicial. Provide

an example of what this evidence might be and also explain what the admissibility of this evidence is likely to be.

98. Your defense attorney repeatedly objects to testimony from one of the prosecution’s witnesses against you

on the basis that it is “hearsay.” What, exactly, is hearsay, and why is your defense attorney objecting to it?

99. The prosecution and defense have both rested their cases in your trial, and your fate will soon be in the

hands of the jury. As the judge gives the jury his final instructions, he also decides that there is sufficient cause to sequester them for the duration of their deliberations. What, exactly, does this mean for members of the jury, and what possible reasons might the judge have for deciding on this sequestration?

Indicate whether the statement is true or false.

100. The “wedding cake” model of the court system states that only the top and smallest layers come close to

meeting constitutional standards of procedural justice. a. True b. False

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Chapter 10: The Criminal Trial Answer Key 1. True 2. False 3. True 4. True 5. False 6. False 7. True 8. True 9. True 10. False 11. True 12. True 13. False 14. False 15. c 16. d 17. d 18. d 19. b 20. d 21. d 22. a 23. d 24. d 25. a Powered by Cognero

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Chapter 10: The Criminal Trial 26. b 27. b 28. b 29. d 30. a 31. a 32. d 33. b 34. a 35. c 36. b 37. d 38. c 39. b 40. b 41. d 42. e 43. b 44. b 45. a 46. d 47. a 48. e 49. b 50. a 51. b Powered by Cognero

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Chapter 10: The Criminal Trial 52. d 53. c 54. b 55. a 56. c 57. c 58. b 59. a 60. c 61. b 62. d 63. e 64. b 65. d 66. e 67. d 68. d 69. a 70. e 71. e 72. b 73. d 74. a 75. e 76. b Powered by Cognero

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Chapter 10: The Criminal Trial 77. a 78. a 79. d 80. e 81. Answers will vary.

82. Answers will vary.

83. Answers will vary.

84. Answers will vary.

85. Answers will vary.

86. Answers will vary.

87. Answers will vary.

88. Answers will vary.

89. Answers will vary.

90. Answers will vary.

91. a 92. a 93. d 94. a 95. Answers will vary.

96. Answers will vary.

97. Answers will vary.

98. Answers will vary.

99. Answers will vary.

100. True

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Chapter 11: Punishment and Sentencing

Indicate whether the statement is true or false.

1. The idea that by punishing one person the larger community will be deterred is known as general deterrence. a. True b. False 2. Restorative justice focuses on repairing the damage that a crime does to the victim, the victim’s family, and

society as a whole. a. True b. False 3. All states offer prisoners the opportunity to reduce their sentence by doing “good time”—that is, behaving

well. a. True b. False 4. Truth-in-sentencing laws require offenders to serve 100 percent of their sentences. a. True b. False 5. Improper use of judicial discretion is often cited as the reason for inconsistencies in sentencing. a. True b. False 6. The seriousness of the crime is the primary factor in a judge’s sentencing decisions. a. True b. False 7. Race has an impact on length of sentences. a. True b. False 8. Sentencing disparity occurs when different offenders receive different sentences for similar offenses. a. True b. False 9. Victim impact statements are offered verbally or in writing during the sentencing phase of the justice process. a. True b. False 10. Hearing victim impact evidence makes jurors more likely to impose the death penalty. a. True b. False 11. The U.S. Supreme Court has refused to eliminate the death penalty for juveniles.

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Chapter 11: Punishment and Sentencing a. True b. False 12. Those that support the death penalty argue that it is an effective deterrent to future offending. a. True b. False

Indicate the answer choice that best completes the statement or answers the question.

13. What kind of deterrence is purported to prevent the offender from offending again? a. general b. individualized c. specific d. offender-based e. structured 14. Which of the following is a type of punishment used today? a. banishment b. rehabilitation c. hanging d. probation e. firing squad 15. The concept of “just deserts” is most closely associated with the punishment theory of ______. a. revenge b. good time c. retribution d. vigilantism e. restoration 16. Which of the following is a component of restorative justice? a. offender incapacitation b. offender incarceration c. victim-offender interaction d. victim counseling e. witness-offender interaction 17. In states where indeterminate sentencing is utilized, the inmate’s release date is determined by which of the

following? a. the judge b. the parole board c. the legislature Powered by Cognero

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Chapter 11: Punishment and Sentencing d. the department of corrections through the awarding of good time e. the grand jury 18. Truth-in-sentencing laws have been passed to restrict the use of ______. a. “good time” reductions b. creative punishments c. determinate sentences d. sentencing disparity e. release 19. In states with determinate sentencing, the prisoner’s sentence is determined by ______. a. the legislature b. the judge c. the jury d. corrections officials e. the parole board 20. The sentencing option most consistent with restorative justice is ______. a. imprisonment b. probation c. fines d. restitution e. deterrence 21. What occur(s) when an inmate is awarded early release from prison but is supervised in the community for a

specified amount of time? a. probation b. parole c. intermediate sanctions d. creative sentencing e. structured sentencing 22. Under truth-in-sentencing laws, what percentage of the sentence must the offender serve? a. 60 percent b. 75 percent c. 85 percent d. 90 percent e. 100 percent 23. Nontraditional sentences such as yoga classes for offenders with anger issues is an example of ______. a. indeterminate sentencing Powered by Cognero

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Chapter 11: Punishment and Sentencing b. restorative sentencing c. creative sentencing d. discretionary sentencing e. rehabilitative sentencing 24. Which of the following is based on the behavior of the defendant and may or may not be reflected in the

official conviction? a. actual offense b. real offense c. conviction offense d. plea offense e. time served 25. Which of the following might be considered a mitigating circumstance? a. the use of a weapon in the commission of the crime b. blatant disregard for the safety of others c. a history of prior convictions d. acting under strong provocation e. a particular cruelty toward the victim 26. A presentence investigation report includes which of the following? a. authority to reduce sentencing b. requirement of minimum sentence c. a sentencing recommendation d. a sentencing determination e. previous sentences 27. Which of the following is an aggravating circumstance? a. The offender acted under strong provocation. b. The victim was treated with particular cruelty. c. The offender is mentally ill. d. The offender is physically impaired. e. The offender played a passive role in the crime.

28. Any circumstances accompanying the commission of a crime that may justify a lighter sentence is a(n)

______. a. real offense b. mitigating circumstance c. aggravating circumstance d. misdemeanor offense e. harsh circumstance Powered by Cognero

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Chapter 11: Punishment and Sentencing 29. The presentence investigation report is compiled by the ______. a. judge b. probation officer c. defense attorney d. prosecutor e. parole officer 30. Several self-reported studies have shown that ______. a. judges may treat female defendants more “gently” than they treat male defendants b. juries tend to show more leniency toward female defendants in cases involving violent crime c. women are more likely to serve longer sentences than their male counterparts d. women are treated more harshly than men when being evaluated for parole e. men are less likely to receive harsh sentences when compared to women 31. A disproportionate percentage (42 percent) of those on death row are Black, indicating that the death

penalty may be ______. a. arbitrary b. discriminatory c. fallible d. wrongful e. harsh 32. Sentencing discrimination can be identified when ______. a. mitigating or aggravating circumstances have a disproportionate effect on sentencing b. disparities can be attributed to extralegal variables such as gender, race, or socioeconomic status c. similar offenders receive dissimilar punishments d. offenders who have committed dissimilar crimes receive similar punishments e. there are too many felonies versus misdemeanors 33. Sentencing disparity based on extralegal variables such as the defendant’s gender, race, or economic

standing is referred to as what? a. a “real offense” b. aggravating circumstances c. sentencing discrimination d. a judicial departure e. socioeconomic variables 34. Sentencing disparity occurs in one of three ways. Which of the following is one of those ways? a. Criminals receive similar sentences for different crimes of unequal seriousness. b. Mitigating or aggravating circumstances have a proportionate effect on sentences. c. Criminals receive similar sentences for similar crimes.

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Chapter 11: Punishment and Sentencing d. Criminals receive plea bargains based on the seriousness of the crime. e. Plea bargains are provided to all individuals no matter their status.

35. In almost all circumstances, what is the goal of victim impact statements? a. allow victims to gain closure b. increase the harshness of the sentence c. protect the constitutional rights of the victim d. dissuade juries from capital punishment e. confront the witness 36. As a result of the Sentencing Reform Act of 1984, sentences have become ______. a. shorter b. harsher c. more creative d. more community-based e. less strict 37. Which of the following is a concern with victim impact statements? a. They distract from the witnesses testimony. b. They interject dangerously prejudicial evidence into the sentencing process. c. They are a time-consuming and expensive addition to the court process. d. They serve to bring closure for the victim. e. They provide closure for witnesses.

38. In which case did the U.S. Supreme Court uphold California’s “three-strikes” law? a. Rummel v. Estelle (1980) b. Lockyer v. Andrade (2003) c. Blakely v. Washington (2004) d. United States v. Booker (2005) e. Weems v. United States (1910) 39. Statutes that require lengthy prison sentences for those who are convicted of multiple felonies are called

what? a. determinate sentencing b. habitual offender laws c. incorrigible sentencing d. mandatory minimum sentences e. indeterminate sentencing 40. Which of the following is an approach in reforming mandatory sentences? a. limiting judicial discretion Powered by Cognero

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Chapter 11: Punishment and Sentencing b. limiting triggers for victims c. repealing or revising mandatory minimum sentences d. releasing offenders sentenced under mandatory sentencing early e. Creating harsher sentencing for misdemeanors 41. Which of the following is a kind of legislatively determined sentencing guideline for judges to follow? a. plea bargain sentences b. mandatory sentences c. parole sentences d. probation sentences e. community service sentences 42. The Crime Victims’ Rights Act provides victims the right ______. a. to be reasonably heard during the sentencing process b. to determine the charges against the defendant c. to determine the punishment of the defendant d. to interrogate the defendant e. to decide when the defendant gets parole 43. In most states, the application of the death penalty is determined by ______. a. statutory law b. prosecutorial choice c. the case judge d. the jury e. grand jury 44. In which case did the U.S. Supreme Court bar the execution of the mentally handicapped? a. McCleskey v. Kemp (1987) b. Roper v. Simmons (2005) c. Atkins v. Virginia (2002) d. Gregg v. Georgia (1976) e. Weems v. United States (1910) 45. In which case did the U.S. Supreme Court invalidate the death penalty for over six hundred offenders on

death row at the time? a. Furman v. Georgia (1972) b. Weems v. United States (1910) c. Payne v. Tennessee (1991) d. Williams v. State (1997) e. Gregg v. Georgia (1976) Powered by Cognero

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Chapter 11: Punishment and Sentencing 46. The most common method of carrying out the death sentence in the United States is ______. a. the gas chamber b. lethal injection c. electrocution d. hanging e. firing squad 47. Which of the following is a factor in the declining use of capital punishment in the United States? a. the life-without-probation alternative b. increasing murder rates c. issue of discrimination d. low costs e. wrongful convictions 48. The single factor that contributes the most to the criminal justice system’s fallibility is widely believed to be

______. a. unsatisfactory legal representation b. wrongful deaths c. lack of deterrence d. jury bias e. juvenile recidivism 49. Timothy Tyler was arrested for selling five grams of the hallucinogenic drug LSD to a friend who was

working as an informant for the federal government. In 1996, Scott Walker was arrested for being a low-level pusher of LSD, cocaine, marijuana, and methamphetamine. If their arrests for these nonviolent offenses had happened today, Tyler and Walker—lacking criminal records—would have been punished with relatively short prison sentences. Instead, both of them are still behind bars and can expect to spend the rest of their lives there.

Under a formula adopted by the U.S. government in 1987, federal judges could not deviate from strict sentencing guidelines for nonviolent crimes. For these offenders, the best hope for freedom is clemency, a process through which the president of the United States or a state governor essentially forgives an inmate’s wrongdoing and sets her or him free from prison.

The sentence handed down to Tyler would suggest the judge was motivated by which sentencing philosophy? a. retribution b. deterrence c. reintegration d. rehabilitation e. restoration 50. Timothy Tyler was arrested for selling five grams of the hallucinogenic drug LSD to a friend who was

working as an informant for the federal government. In 1996, Scott Walker was arrested for being a low-level pusher of LSD, cocaine, marijuana, and methamphetamine. If their arrests for these nonviolent offenses had happened today, Tyler and Walker—lacking criminal records—would have been punished with relatively short Powered by Cognero

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Chapter 11: Punishment and Sentencing

prison sentences. Instead, both of them are still behind bars and can expect to spend the rest of their lives there.

Under a formula adopted by the U.S. government in 1987, federal judges could not deviate from strict sentencing guidelines for nonviolent crimes. For these offenders, the best hope for freedom is clemency, a process through which the president of the United States or a state governor essentially forgives an inmate’s wrongdoing and sets her or him free from prison.

Those who favored a more severe punishment for Tyler would have been guided by the threat of punishment that reflects the principle of ______. a. specific deterrence b. general deterrence c. restoration d. rehabilitation e. incarceration 51. Timothy Tyler was arrested for selling five grams of the hallucinogenic drug LSD to a friend who was

working as an informant for the federal government. In 1996, Scott Walker was arrested for being a low-level pusher of LSD, cocaine, marijuana, and methamphetamine. If their arrests for these nonviolent offenses had happened today, Tyler and Walker—lacking criminal records—would have been punished with relatively short prison sentences. Instead, both of them are still behind bars and can expect to spend the rest of their lives there.

Under a formula adopted by the U.S. government in 1987, federal judges could not deviate from strict sentencing guidelines for nonviolent crimes. For these offenders, the best hope for freedom is clemency, a process through which the president of the United States or a state governor essentially forgives an inmate’s wrongdoing and sets her or him free from prison.

If Tyler’s case would have been tried after 2005, the judge could have deviated from the life sentence and given a lesser punishment. This is called ______. a. departure b. discretion c. divergence d. disparity e. disposition 52. Timothy Tyler was arrested for selling five grams of the hallucinogenic drug LSD to a friend who was

working as an informant for the federal government. In 1996, Scott Walker was arrested for being a low-level pusher of LSD, cocaine, marijuana, and methamphetamine. If their arrests for these nonviolent offenses had happened today, Tyler and Walker—lacking criminal records—would have been punished with relatively short prison sentences. Instead, both of them are still behind bars and can expect to spend the rest of their lives there.

Under a formula adopted by the U.S. government in 1987, federal judges could not deviate from strict sentencing guidelines for nonviolent crimes. For these offenders, the best hope for freedom is clemency, a process through which the president of the United States or a state governor essentially forgives an inmate’s wrongdoing and sets her or him free from prison.

Tyler’s life prison sentence would likely be an example of what type of sentencing ? a. rehabilitative sentencing b. strict sentencing guidelines Powered by Cognero

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Chapter 11: Punishment and Sentencing c. limited sentencing d. indeterminate guidelines e. capital punishment sentencing 53. What term refers to the philosophy that society is best served by helping wrongdoers eliminate crime from

their behavior patterns? a. restitution b. restoration c. deterrence d. probation e. rehabilitation 54. Which of the following is a fine in the form of payment being made directly to the victim by the offender? a. restitution b. restoration c. deterrence d. probation e. rehabilitation 55. Which type of justice is an approach to punishment designed to repair the harm done to the victim and the

community by the offender’s criminal act? a. restitution b. restorative c. deterrent d. probation e. rehabilitation 56. Preventing crime by detaining wrongdoers in prison, thereby separating them from the community and

reducing criminal opportunities, is referred to as what? a. rehabilitation b. restoration c. probation d. parole e. incapacitation 57. Which of the following is the basic idea that by punishing one person, others will be discouraged from

committing a similar crime? a. specific deterrence b. general deterrence c. restoration d. rehabilitation Powered by Cognero

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Chapter 11: Punishment and Sentencing e. incarceration 58. Which of the following is a restorative justice practice involving face-to-face meetings between victims and

offenders? a. victim-offender argument b. victim rights dialogue c. offender apology meeting d. victim-offender interrogation e. victim-offender interaction 59. Which sentencing is set by policies that determine the minimum and maximum terms of imprisonment? a. indeterminate sentencing b. restorative sentencing c. creative sentencing d. discretionary sentencing e. rehabilitative sentencing 60. Which type of laws require murderers and others convicted of serious crimes to serve at least 85 percent of

their sentences with no time off for good behavior? a. legislative b. statutory c. habitual offender d. sentencing e. truth-in-sentencing 61. Which of the following is an alternative to incarceration in which an offender is allowed to live in the

community under supervision? a. probation b. parole c. intermediate sanctions d. creative sentencing e. structured sentencing 62. In which sentencing is the period of incarceration fixed by the sentencing authority? a. indeterminate sentencing b. restorative sentencing c. creative sentencing d. determinate sentencing e. rehabilitative sentencing 63. Which of the following can allow prisoners to reduce their sentence while in prison? a. work release Powered by Cognero

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Chapter 11: Punishment and Sentencing b. getting an education c. good time d. an appeal e. victim’s statement 64. Which of the following rests on the assumption that a judge should be given ample leeway in determining

punishments that fit both the crime and the criminal? a. judicial departure b. judicial discretion c. judicial divergence d. judicial disparity e. judicial disposition 65. What term refers to the actual offense committed, as opposed to the charge levied by a prosecutor as the

result of a plea bargain? a. a “real offense” b. aggravating circumstances c. crime at time d. original offense e. offense in time 66. What is the investigative report called that provides details on an offender’s background that assists a judge

in determining the proper sentence? a. indeterminate b. restorative c. creative d. discretionary e. presentence 67. Any circumstances accompanying the commission of a crime that may justify a harsher sentence are what

type of circumstances? a. strict circumstances b. mitigating circumstance c. aggravating circumstance d. loose circumstances e. harsh circumstance 68. Which of the following are those circumstances, such as the fact that the defendant was coerced into

committing the crime, that lead judges to decide that the severity of a crime was less than normal? a. strict circumstances b. mitigating circumstance c. aggravating circumstance Powered by Cognero

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Chapter 11: Punishment and Sentencing d. loose circumstances e. harsh circumstance 69. When criminals receive similar sentences for different crimes of unequal seriousness, this is known as what? a. deterrent sentencing b. creative punishments c. determinate sentences d. sentencing disparity e. sentencing guidelines 70. Which term refers to the idea that women should be treated more leniently than men; it plays a large role in

sentencing decisions? a. indeterminate sentencing b. restorative sentencing c. creative sentencing d. discretionary sentencing e. chivalry effect 71. What is the document given to the judge in which the victim talks about the negative effects of the crime on

the victim’s family? a. victim impact statement b. presentence report c. victim information report d. offender impact statement e. victim analysis report 72. A stipulation in many federal and state sentencing guidelines that allows a judge to adjust their sentencing

decision based on the special circumstances of a particular case is called what? a. departure b. discretion c. divergence d. disparity e. disposition 73. Both state and federal sentencing guidelines allow an “escape hatch” of limited judicial discretion known as

a(n) what? a. departure b. discretion c. divergence d. disparity e. disposition Powered by Cognero

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Chapter 11: Punishment and Sentencing 74. What type of sentencing are habitual offender laws a common form of? a. indeterminate sentencing b. restorative sentencing c. creative sentencing d. discretionary sentencing e. mandatory sentencing 75. Which offender laws are also known as “three-strikes-and-you’re-out” laws? a. determinate b. habitual c. incorrigible d. mandatory e. indeterminate 76. Which term refers to the use of the death penalty to punish wrongdoers for certain crimes? a. state punishment b. strict sentencing c. limited sentencing d. indeterminate e. capital punishment 77. Which type of capital punishment remained the primary form of execution until 1977, when Oklahoma

became the first state to adopt lethal injection? a. the gas chamber b. lethal injection c. electric chair d. hanging e. firing squad 78. In Roper v. Simmons, the U.S. Supreme Court held that it was cruel and unusual to execute which type of

offenders? a. mentally ill b. juveniles c. women d. elderly e. first-time offenders 79. Which of the following is said to contribute the most to the criminal justice system’s fallibility? a. arbitrariness b. disparity c. harsh sentences Powered by Cognero

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Chapter 11: Punishment and Sentencing d. discrimination e. unsatisfactory legal representation

80. List and contrast the four basic philosophical reasons for sentencing criminals that were discussed in the

text.

81. List the four forms of judicial disposition 82. Contrast indeterminate with determinate sentencing.

83. Explain why there is a difference between a sentence imposed by a judge and the actual sentence carried out

by a prisoner.

84. Explain who has input into the sentencing decision, and then list the factors that influence the severity of a

criminal sentence.

85. Explain some of the reasons why sentencing reform has occurred.

86. Identify arguments for and against the use of victim impact statements during sentencing hearings.

87. Identify the two stages that make up the bifurcated process of death penalty sentencing.

88. Explain why the United States Supreme Court abolished the death penalty for juvenile offenders.

89. Describe the main issues of the death penalty debate.

90. As a judge, you have just sentenced a man who was found guilty of assault to the maximum punishment. In

doing so, you weighed many factors. Perhaps the most influential factor in your sentencing decision, however, was that you felt strongly that this man should not be “on the streets” and able to repeat his vicious crime.

Which of the four basic philosophical reasons was most influential on your decision and why?

91. As a judge, you have just sentenced a woman who was found guilty of kidnapping to what your assistant

called a “humane” punishment. In doing so, you weighed many factors. Perhaps the most influential factor in your sentencing decision, however, was that you felt strongly that this woman could and should be a valuable and contributing member to society. Which of the four basic philosophical reasons was most influential on your decision and why?

92. The judge in your trial has considered the jury’s “guilty” verdict for more than two days. In coming back to

deliver his sentence, your lawyer whispers in your ear that he has learned that the judge will be handing down a sentence that is based on restitution. What are some of the possible details of such a sentence? What can you expect your “time served” to include?

93. You are a judge overseeing a murder trial for which the defendant has been found guilty. This crime had a

particularly gruesome nature to it, which you must take into account in your sentencing. You are also within a state whose legislature has recently passed “truth-in-sentencing“ laws. What does this mean? How is it likely to affect your sentencing decision? And, how will it affect the sentence itself?

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Chapter 11: Punishment and Sentencing 94. As a judge, your work on the bench has come under review by your state’s oversight bodies based on what

they have termed “sentencing disparity.” What are some of the possible problems they have found with your work on the bench?

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Chapter 11: Punishment and Sentencing Answer Key 1. True 2. True 3. False 4. False 5. True 6. True 7. True 8. True 9. True 10. True 11. False 12. True 13. c 14. d 15. c 16. c 17. b 18. a 19. a 20. d 21. b 22. c 23. c 24. b 25. d Powered by Cognero

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Chapter 11: Punishment and Sentencing 26. c 27. b 28. b 29. b 30. a 31. b 32. b 33. c 34. a 35. b 36. b 37. b 38. b 39. b 40. c 41. b 42. a 43. d 44. c 45. a 46. b 47. c 48. a 49. a 50. b 51. a Powered by Cognero

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Chapter 11: Punishment and Sentencing 52. b 53. e 54. a 55. b 56. e 57. b 58. e 59. a 60. e 61. a 62. d 63. c 64. b 65. a 66. e 67. c 68. b 69. d 70. e 71. a 72. a 73. a 74. e 75. b 76. e Powered by Cognero

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Chapter 11: Punishment and Sentencing 77. c 78. b 79. e 80. Answers will vary.

81. Answers will vary.

82. Answers will vary.

83. Answers will vary.

84. Answers will vary.

85. Answers will vary.

86. Answers will vary.

87. Answers will vary.

88. Answers will vary.

89. Answers will vary.

90. Student’s answers will vary.

91. Answers will vary.

92. Answers will vary.

93. Answers will vary.

94. Answers will vary.

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Chapter 12: Probation, Parole, and Intermediate Sanctions

Indicate whether the statement is true or false.

1. Reintegration has a theoretical basis in the rehabilitative theories of punishment. a. True b. False 2. A suspended sentence involves sentencing an offender to a short amount of time in jail, to be followed by a period of probation. a. True b. False 3. Black Americans make up a higher percentage of the national probation population than the general population. a. True b. False 4. Judges have a great deal of discretion to determine the terms under which probation may be revoked. a. True b. False 5. Offenders who have been convicted of a felony offense are not eligible for probation. a. True b. False 6. Only about three out of ten probationers complete their terms successfully. a. True b. False 7. If probation rules were taken seriously, very few probationers would complete their terms without violation. a. True b. False 8. According to United States v. Knights (2001), probation officers may not search a probationer’s home without probable cause or a warrant. a. True b. False 9. All convicts are eligible for parole. a. True b. False 10. Intermediate sanctions are often combined with imprisonment and probation. a. True b. False 11. A criticism of intensive supervision probation is that it allows offenders to “network” with others with criminal histories.

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Chapter 12: Probation, Parole, and Intermediate Sanctions a. True b. False 12. Those who cannot afford to pay for electronic monitoring may not be eligible for it. a. True b. False 13. The most restrictive level of home monitoring is home detention. a. True b. False 14. Policymakers are relying on community corrections to decrease the costs associated with corrections. a. True b. False

Indicate the answer choice that best completes the statement or answers the question.

15. Which of the following is a justification that has been made for community-based corrections? a. It satisfies the correctional goal of retribution. b. It assists offenders in reintegration. c. It diverts victims from prison. d. It presents high-cost alternative to incarceration. e. It increases the need for correctional officers 16. In which of the following cases is an offender given a sentence but not required to begin serving it

immediately? a. probation b. suspended sentence c. split sentence d. home incarceration e. parole 17. Probation is basically an “arrangement” between the offender and the ______. a. victim b. arresting authority c. legislative authority d. sentencing authority e. prosecutor 18. Programs that allow offenders to spend a portion of each week incarcerated are called ______. a. shock incarceration programs b. split sentence programs c. intermittent sentence programs Powered by Cognero

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Chapter 12: Probation, Parole, and Intermediate Sanctions d. home confinement programs e. work release programs 19. The most common form of punishment in the United States is ______. a. parole b. incarceration c. probation d. community service e. fines 20. An offender is likely to be denied probation for which of the following? a. They have been convicted of a misdemeanor. b. They are addicted to narcotics. c. A weapon was used in the commission of the crime. d. The offender was on drugs at the time of the arrest. e. The victim pleads for the offender to be released.

21. Conditions of probation are established by a ______. a. judge b. prosecutor c. jury d. probation officer e. defense attorney 22. Which of the following, if true of an offender, is likely to be a reason for probation to be denied? a. being immature b. being addicted to narcotics c. not having stable employment d. being illiterate e. first-time offense 23. When the judge sentences an offender to a specific amount of time in jail, followed by a period of probation,

this is known as what? a. a suspended sentence b. shock incarceration c. intermittent incarceration d. a split sentence e. a recurrent sentence 24. Which of the following best showcases the purpose of probation? a. punishment of the probationer and protection of the community Powered by Cognero

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Chapter 12: Probation, Parole, and Intermediate Sanctions b. punishment of the probationer and reintegration into the community c. rehabilitation of the probationer and reintegration into the community d. rehabilitation of the probationer and protection of the community e. rehabilitation of the victim and protection of the witnesses 25. Which of the following is likely to be a reason for denial of probation? a. The offender is convicted on multiple charges. b. The offender is addicted to narcotics. c. The offender committed a crime under the influence of alcohol. d. The offender seriously injured the victim of the crime. e. The offender was arrested for the third time.

26. Which characteristic is representative of the ideal probation officer-offender relationship? a. loyalty b. authority c. power d. trust e. dependence 27. The sentence handed down at a probation revocation hearing is determined by ______. a. the probation officer b. a panel of probation administrators c. a judge as a “neutral and detached” body d. a mediator appointed by the court e. the prosecutor 28. What are the probation conditions that are intended to reverse patterns of self-destructive behavior? a. standard b. punitive c. treatment d. procedural e. structural 29. In which case did the U.S. Supreme Court hold that a meeting between a probation officer and a probationer

does not equal custody and, therefore, the Fifth Amendment protection against self-incrimination does not apply? a. United States v. Knights (2001) b. Bennis v. Michigan (1996) c. Minnesota v. Murphy (1984) d. Ex parte United States (1916) e. Mempa v. Rhay (1967) Powered by Cognero

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Chapter 12: Probation, Parole, and Intermediate Sanctions 30. In which case did the U.S. Supreme Court hold that probationers are entitled to an attorney during the

revocation process? a. Gagnon v. Scarpelli (1973) b. Morrissey v. Brewer (1972) c. Mempa v. Rhay (1967) d. Griffin v. Wisconsin (1987) e. United States v. Knights (2001) 31. In which of the following cases did the U.S. Supreme Court establish a three-stage procedure to protect the

limited due process rights of probationers during revocation hearings? a. Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex (1979) b. Morrissey v. Brewer (1972) c. Mempa v. Rhay (1967) d. Griffin v. Wisconsin (1987) e. Gagnon v. Scarpelli (1973) 32. If an offender on probation fails to report a change of address, this constitutes what type of violation? a. technical violation b. new criminal offense c. status offense d. felony violation e. misdemeanor violation 33. The two roles that probation officers fulfill are ______. a. supervisory and investigatory b. supervisory and rehabilitative c. rehabilitative and investigatory d. rehabilitative and reintegrative e. supervisory and reintegrative 34. Policymakers recently have been focusing on which of the following to keep those who violate the terms of

their probation out of jail or prison? a. immediate rewards b. graduated sanctions c. probation revocation d. preliminary sanctions e. graduated rewards 35. Which of the following is a standard condition of parole? a. remaining employed b. drug testing Powered by Cognero

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Chapter 12: Probation, Parole, and Intermediate Sanctions c. fines d. community service e. curfew 36. Which of the following is one of the basic roles of the parole board? a. to determine for how long the offender will go back to prison if a violation occurs b. to decide which offenders should be placed on probation c. to determine the conditions of parole and aid in the continuing supervision of the parolee d. to discharge the offender when most of the conditions of parole have been met e. to determine of the offender should be put to death 37. Which of the following is a form of early release from prison determined by a parole authority? a. parole b. home monitoring c. probation d. curfew e. work release 38. Which of the following is likely to be a characteristic of a probationer? a. a first-time offender b. convicted of a violent crime c. previously spent significant time in prison d. committed a crime with a weapon e. getting ready to be released from prison 39. Which of the following is a risk factor for recidivism among probationers? a. age b. economy c. race d. pro-criminal attitudes e. family history 40. Which of the following is a standard condition of parole? a. staying within a certain area b. not possessing drugs c. checking in with the probation officer d. carrying out community service e. staying away from bars 41. In the first stage of the revocation hearing, the parole authorities determine whether there is ______. a. proof beyond a reasonable doubt that a violation occurred Powered by Cognero

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Chapter 12: Probation, Parole, and Intermediate Sanctions b. reasonable suspicion that a violation occurred c. probable cause that a violation occurred d. sufficient cause that a violation occurred e. preponderance of doubt that a violation occurred 42. Which of the following is one of the concepts on which parole is based? a. authority b. permission c. contract of consent d. probation e. freedom 43. Which of the following is an intermediate sanction? a. capital punishment b. work release c. parole d. forfeiture e. incarceration 44. Boot camps are a form of ______. a. pretrial diversion b. shock incarceration c. intensive probation supervision d. split sentence e. home confinement 45. Which of the following is a pretrial diversion program? a. problem-solving court b. drug court c. boot camp d. probation hearing e. parole 46. Which term refers to a process by which the government seizes property gained from or used in criminal

activity? a. forfeiture b. restitution c. seizure d. day fines e. restoration Powered by Cognero

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Chapter 12: Probation, Parole, and Intermediate Sanctions 47. Day reporting centers were first used in ______. a. Norway b. France c. Great Britain d. Australia e. United States 48. Today, home monitoring programs are offered by ______. a. the federal government and all states except Ohio and Michigan b. the federal government and all states except New Mexico and Texas c. all 50 states but not the federal government d. all 50 states and the federal government e. federal government only 49. Which of the following is a criticism that has been made of home confinement programs? a. This form of intermediate sanction may also cause problems in the personal and financial lives of the

offender’s family members. b. Recidivism rates for offenders in home confinement programs are higher than that for offenders sentenced to traditional probation. c. Offenders are expected to defray program costs, limiting this sentencing option to offenders who can afford the associated fees. d. Devices make family get togethers awkward. e. The device can easily be removed.

50. Which intermediate sanction requires offenders to remain home at all times, except for medical

emergencies? a. electronic monitoring b. home detention c. home incarceration d. home monitoring e. solitary confinement 51. Which of the following requires that the offender be at home during specified hours? a. work release b. probation c. parole d. curfew e. home detention 52. Which restriction requires that the offender be at home except for education, employment, and counseling? a. work release b. home detention Powered by Cognero

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Chapter 12: Probation, Parole, and Intermediate Sanctions c. home incarceration d. curfew e. boot camp 53. Returning home from a barbecue at 3 A.M. in rural Philo, Illinois, twenty-four-year-old Katie Daly skidded

on wet gravel and lost control of the all-terrain vehicle she was driving. Her nineteen-year-old cousin, Annie Daly, was thrown from the passenger seat and died in a hospital four hours later. At the time of the accident, Katie’s blood alcohol level was well over the state’s legal limit, and she was charged with felony aggravated driving under the influence (DUI). Given her family connection to the victim, local prosecutors agreed to a plea deal in which Katie would be spared prison, instead receiving a punishment of probation for her crime.

Champaign County judge Richard Klaus rejected the plea bargain and sentenced Katie to three and half years in prison. The defense attorney appealed the decision, and in December 2014, an Illinois appellate court agreed, ruling that Klaus had abused his discretion by putting the defendant behind bars and sentenced Katie to probation. Illinois uses an indeterminate sentencing model.

If Katie would have received a prison sentence, she would have been eligible for which of the following options after a period of time? a. parole b. home detention c. curfew d. boot camp e. probation 54. Returning home from a barbecue at 3 A.M. in rural Philo, Illinois, twenty-four-year-old Katie Daly skidded

on wet gravel and lost control of the all-terrain vehicle she was driving. Her nineteen-year-old cousin, Annie Daly, was thrown from the passenger seat and died in a hospital four hours later. At the time of the accident, Katie’s blood alcohol level was well over the state’s legal limit, and she was charged with felony aggravated driving under the influence (DUI). Given her family connection to the victim, local prosecutors agreed to a plea deal in which Katie would be spared prison, instead receiving a punishment of probation for her crime.

Champaign County judge Richard Klaus rejected the plea bargain and sentenced Katie to three and half years in prison. The defense attorney appealed the decision, and in December 2014, an Illinois appellate court agreed, ruling that Klaus had abused his discretion by putting the defendant behind bars and sentenced Katie to probation. Illinois uses an indeterminate sentencing model.

If convicted to a prison sentence, Katie will likely receive what type of sentence? a. probation b. fines c. shock incarceration d. restitution e. restoration 55. Returning home from a barbecue at 3 A.M. in rural Philo, Illinois, twenty-four-year-old Katie Daly skidded

on wet gravel and lost control of the all-terrain vehicle she was driving. Her nineteen-year-old cousin, Annie Daly, was thrown from the passenger seat and died in a hospital four hours later. At the time of the accident, Katie’s blood alcohol level was well over the state’s legal limit, and she was charged with felony aggravated Powered by Cognero

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Chapter 12: Probation, Parole, and Intermediate Sanctions

driving under the influence (DUI). Given her family connection to the victim, local prosecutors agreed to a plea deal in which Katie would be spared prison, instead receiving a punishment of probation for her crime.

Champaign County judge Richard Klaus rejected the plea bargain and sentenced Katie to three and half years in prison. The defense attorney appealed the decision, and in December 2014, an Illinois appellate court agreed, ruling that Klaus had abused his discretion by putting the defendant behind bars and sentenced Katie to probation. Illinois uses an indeterminate sentencing model.

Judge Klaus rejected the plea agreement. According to the text, what factor was the most important to Judge Klaus in his sentencing decision? a. Katie’s age b. Katie’s blood alcohol level c. Katie’s prior record of DUI offenses d. that it was a deterrable crime e. that she was a female 56. What is a corrections goal that focuses on returning the offender to the community? a. parole b. reintegration c. rehabilitation d. restoration e. probation 57. The strategy to move qualified offenders away from institutional corrections and toward community-based

and intermediate sanctions is referred to as what? a. parole b. deterrence c. rehabilitation d. boot camp e. diversion 58. What type of punishment refers to the offender spending a certain amount of time each week, usually on the

weekend, in jail? a. a suspended sentence b. shock incarceration c. intermittent incarceration d. a split sentence e. a recurrent sentence 59. Which sentences are also known as “shock probation”? a. a suspended sentence b. shock incarceration c. intermittent incarceration Powered by Cognero

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Chapter 12: Probation, Parole, and Intermediate Sanctions d. a split sentence e. a recurrent sentence 60. Which of the following is the most common form of punishment in the United States? a. parole b. home detention c. curfew d. boot camp e. probation 61. With which type of sentence is a convicted offender not required to serve the sentence, but the judge has the

option of reinstating the sentence if the person reoffends? a. a suspended sentence b. shock incarceration c. intermittent incarceration d. a split sentence e. a recurrent sentence 62. What will be denied if an offender has been convicted of multiple charges? a. parole b. home detention c. curfew d. boot camp e. probation 63. How many prior convictions will likely result in a denial of probation? a. one b. two c. three d. four e. five 64. In which step of the court process are the facts of the violation or arrest presented to the judge, and it is

determined whether probable cause for revoking probation exists? a. booking b. revocation sentencing c. sentencing d. revocation hearing e. preliminary hearing 65. Which conditions are intended to increase the punishment of the offender sentenced to probation?

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Chapter 12: Probation, Parole, and Intermediate Sanctions a. strict b. punitive c. structured d. limited e. standard 66. In the absence of trust, most probation officers rely on what to guide an offender successfully through the

sentence? a. loyalty b. authority c. power d. trust e. dependence 67. Which of the following conditions include reporting regularly to the probation officer, notifying the agency

of any change of address, not leaving the jurisdiction without permission, and remaining employed? a. strict b. indeterminate c. structured d. limited e. standard 68. In Mempa v. Rhay (1967), the court ruled that probationers are entitled to which of the following during the

revocation process? a. food b. a grand jury c. an attorney d. publicity e. testimony 69. What is the most common alternative to incarceration? a. parole b. home detention c. curfew d. boot camp e. probation 70. What term refers to a form of early release from prison? a. parole b. home detention c. curfew Powered by Cognero

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Chapter 12: Probation, Parole, and Intermediate Sanctions d. boot camp e. probation 71. Which of the following decides which inmates should be granted parole? a. parole board b. incarceration panel c. grand jury d. judge e. probation panel 72. Parole board members consider two reasons with regard to parole, one is the severity of the underlying

crime and the threat the offender will pose to the community if released. Which is the second reason? a. other inmates’ statements b. victim’s statement c. original sentence d. offender’s family history e. behavior of the offender 73. Drug courts are an example of which of the following sanctions? a. pretrial diversion b. shock incarceration c. intensive probation supervision d. split sentence e. home confinement 74. A form of shock incarceration in which offenders participate in military-style basic training is referred to as

what? a. parole b. home detention c. curfew d. boot camp e. probation 75. A main goal of probation is to provide prison-like control of offenders while keeping them out of prison.

What type of probation is this? a. graduated probation b. home detention c. intermediate supervision d. intensive supervision e. limited probation 76. With which type of probation are more restrictions imposed on probationers, and there is more face-to-face Powered by Cognero

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Chapter 12: Probation, Parole, and Intermediate Sanctions

contact between offenders and probation officers? a. graduated probation b. home detention c. intermediate supervision d. intensive supervision e. limited probation 77. A community-based corrections center to which offenders report on a daily basis for treatment, education,

and rehabilitation is called what? a. halfway home b. home detention c. community center d. boot camp e. day reporting center 78. The more effective the control is, the more offenders may be caught violating the terms of release. This is a

paradox of community corrections that is referred to as what? a. graduated sanctions b. sentencing control c. intermediate sanctions d. supervision probation e. widening the net 79. Which of the following requires that the offender be at home at all times except for attending religious

services? a. electronic monitoring b. home detention c. home incarceration d. home monitoring e. solitary confinement 80. Which of the following has made the sentence of home confinement more viable? a. electronic monitoring b. home detention c. curfew d. boot camp e. probation

81. Explain the justifications for community-based corrections programs.

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Chapter 12: Probation, Parole, and Intermediate Sanctions 82. Explain the different kinds of sentencing arrangements that combine probation with incarceration.

83. Specify the conditions under which an offender is most likely to be denied probation.

84. Describe the three general categories of conditions placed on a probationer.

85. Specify the conditions under which an offender will be placed in community service as punishment.

86. List and describe the five sentencing options available to a judge besides imprisonment and probation.

87. Identify the main differences between probation and parole.

88. List and explain the three levels of home monitoring.

89. What are intermediate sanctions? When are intermediate sanctions used? Provide examples of intermediate

sanctions.

90. Explain what the “quicksand” effect is.

91. You are sitting on a parole board. The prospective parolee before your board is a convicted murderer who

has served 35 years of a life sentence. His crime was committed when he was 30 years old, so he is now a 65year-old man. What factors would you consider in deciding whether or not to grant this convict parole and why?

92. The judge overseeing your trial is considering sentencing you to probation. What, exactly, will this mean for

you? What are the potential ramifications of your behaving badly during your probationary period?

93. The judge in your case has decided on an alternative sentencing arrangement, for which probation and

incarceration are combined. What might be the reasoning behind such a sentence?

94. The judge in your case has decided on a suspended sentence. What might be the reasoning behind her

decision to impose such a sentence?

95. As a judge, you have just sentenced a three-time violator to intensive supervision probation (ISP). What is

the most likely reason behind your decision against regular probation or incarceration?

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Chapter 12: Probation, Parole, and Intermediate Sanctions Answer Key 1. True 2. False 3. True 4. True 5. False 6. False 7. True 8. False 9. False 10. True 11. False 12. True 13. False 14. True 15. b 16. b 17. d 18. c 19. c 20. c 21. a 22. b 23. d 24. d 25. c Powered by Cognero

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Chapter 12: Probation, Parole, and Intermediate Sanctions 26. d 27. c 28. c 29. c 30. c 31. b 32. a 33. a 34. b 35. a 36. c 37. a 38. a 39. d 40. a 41. c 42. c 43. d 44. b 45. b 46. a 47. c 48. d 49. c 50. c 51. d Powered by Cognero

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Chapter 12: Probation, Parole, and Intermediate Sanctions 52. b 53. a 54. c 55. d 56. b 57. e 58. c 59. d 60. e 61. a 62. e 63. b 64. e 65. b 66. b 67. e 68. c 69. e 70. a 71. a 72. e 73. a 74. d 75. d 76. d Powered by Cognero

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Chapter 12: Probation, Parole, and Intermediate Sanctions 77. e 78. e 79. b 80. a 81. Answers will vary.

82. Answers will vary.

83. Answers will vary.

84. Answers will vary.

85. Answers will vary.

86. Answers will vary.

87. Answers will vary.

88. Answers will vary.

89. Answers will vary.

90. Answers will vary.

91. Answers will vary.

92. Answers will vary.

93. Answers will vary.

94. Answers will vary.

95. Answers will vary.

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Chapter 13: Prisons and Jailes

Indicate whether the statement is true or false.

1. The Pennsylvania System was based on the concept of separate confinement. a. True b. False 2. The Pennsylvania System was represented at the Walnut Street prison. a. True b. False 3. The Walnut Street facility kept excessive costs low and limited overcrowding. a. True b. False 4. A model of corrections in which the psychological and biological roots of an inmate’s criminal behavior are

identified and treated is called the congregate model. a. True b. False 5. The prisons of eighteenth-century England, known as “bridewells” after London’s Bridewell Palace, were

similar to the penitentiary developed by the Quakers. a. True b. False 6. The reintegration model of prisons stresses the ideal of individual treatment. a. True b. False 7. Police departments and prisons both rely on a hierarchical chain of command to ensure personal

responsibility. a. True b. False 8. The United States has a dual prison system that parallels its dual court system. a. True b. False 9. When administrators determine what sort of correctional facility provides the best “fit” for each individual

convict, it is called the assignment process. a. True b. False 10. In maximum-security prisons, cells are located in rows of cell blocks. a. True b. False Powered by Cognero

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Chapter 13: Prisons and Jailes 11. The primary goal of decarceration strategies is to reduce the prison population. a. True b. False 12. Private facilities house most of the undocumented immigrants taken into custody by U.S. Immigration and

Customs Enforcement. a. True b. False 13. Private corrections firms are not part of the government bureaucracy and therefore do not have to contend

with the massive amount of paperwork that can clog government organizations. a. True b. False 14. Jail inmates are more likely than state prisoners to have been convicted of nonviolent crimes. a. True b. False 15. Pretrial detainees held in jail are considered innocent until proven guilty. a. True b. False 16. Technically, pretrial detainees are prisoners. a. True b. False 17. New-generation jails are laid out to make it easier to monitor inmates. a. True b. False

Indicate the answer choice that best completes the statement or answers the question.

18. What did Quaker penologists believe to be the main cause of crime? a. poverty b. greed c. idleness d. mental illness e. family history 19. America’s first penitentiary ______. a. isolated inmates from one another in solitary rooms b. was opened in Massachusetts in 1787 c. focused on punishment, with little consideration given to rehabilitation Powered by Cognero

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Chapter 13: Prisons and Jailes d. allowed inmates to work in common rooms, but strictly enforced silence e. kept inmates busy through work release programs 20. Robert Martinson’s famous “What Works?” essay basically stated that ______. a. rehabilitation did not work to lower recidivism rates b. rehabilitation was the best method to lower recidivism rates c. tough on crime laws did not lower recidivism d. reintegration of offenders is the more effective way to lower recidivism rates e. rehabilitation only worked for juvenile inmates 21. What philosophy for rehabilitating offenders was America’s first penitentiary based upon? a. counseling b. education c. physical labor d. vocational training e. rehabilitation 22. What facility introduced “new penology” in 1876? a. Pennsylvania’s Western Reformatory b. Pennsylvania’s Eastern Penitentiary c. New York’s Elmira Reformatory d. New York’s Auburn Prison e. Pennsylvania’s Northern Prison 23. Which system of confinement was associated with the Walnut Street jail? a. Pennsylvania b. New York c. Delaware d. London e. Chicago 24. Who adopted the “Great Law” in Pennsylvania in 1682? a. John Augustus b. William Penn c. Elam Lynds d. Cherry Hill e. Robert Martinson 25. Which of the following is one of the general models of prisons? a. incapacitation b. parole Powered by Cognero

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Chapter 13: Prisons and Jailes c. recidivism Control d. rehabilitation e. probationary 26. Since the 1930s, what prison model has dominated the most restrictive prisons? a. custodial b. rehabilitation c. reintegration d. just deserts e. probationary 27. Which model came into prominence during the 1950s and enjoyed widespread popularity until it began to

lose general acceptance in the 1970s and 1980s? a. custodial b. rehabilitation c. reintegration d. regenerative e. probationary 28. Which prison model is most likely to serve as a training ground for offenders to return to the community? a. custodial b. rehabilitation c. reintegration d. just deserts e. probationary 29. According to DiIulio, in the absence of order, amenities, and services, inmates will become ______. a. physically ill b. mentally ill c. dependent on staff d. more difficult to control e. rehabilitated 30. Which of the following is considered an amenity in prison? a. semi-clean living conditions b. remedial education c. decent food d. access to bathrooms e. access to a bed 31. In which process are an inmate’s mental, physical, and security needs evaluated to help determine the best Powered by Cognero

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Chapter 13: Prisons and Jailes

correctional facility “fit”? a. booking b. sentencing c. custodial d. classification e. assessment 32. Which of the following is one of the three broad criteria for classification purposes? a. the likelihood of successful reintegration into society b. the seriousness of the crime committed c. the risk of prison criminal or violent conduct d. the need for counseling programs e. the risk of recidivism 33. The main feature of which type of prison design is a long central corridor that serves as a means of

transporting inmates from one part of the facility to another? a. radial style b. courtyard style c. telephone-pole style d. campus style e. rectangular style 34. Approximately what percent of inmates are held in medium-security facilities? a. 33 b. 20 c. 25 d. 45 e. 10 35. Most of the inmates at what type of institutions are first-time offenders who are nonviolent and well

behaved? a. minimum-security b. medium-security c. maximum-security d. supermax e. super minimum 36. Which of the following offender groups are likely to be held in supermax prisons? a. first time offenders b. offenders who commit serious disciplinary infractions in minimum-security prisons c. drug offenders Powered by Cognero

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Chapter 13: Prisons and Jailes d. inmates who become involved with drugs e. convicted terrorists 37. Supermax “security housing unit” syndrome refers to ______. a. the growing number of inmates incarcerated in supermax facilities b. the extreme rate of recidivism associated with supermax offenders c. the emergence of mental health issues among supermax offenders who have been isolated for long

periods of time d. the high rate of violence committed against correctional guards by supermax inmates e. the high rate of violence due to drug issues 38. What type of facility design do new-generation jails utilize? a. linear b. podular c. traditional d. cell block e. rectangular 39. One explanation for federal prison population growth is rising incarceration rates among which of the

following? a. juvenile offenders b. women c. elderly d. convicted misdemeanants e. men 40. One of the primary explanations for recent rapid growth in prison populations is the increasing number of

people incarcerated for ______. a. violent offenses b. drug offenses c. terrorist threats d. probation violations e. traffic violations 41. Which of the following is an advantage of high incarceration rates? a. increased use of private prisons b. a disproportionate impact on people of color c. financial and social hardship for children with an incarcerated parent d. disenfranchisement among convicted felons e. increase in public prisons 42. Which of the following is cited in the text as a reason why private prisons can often be run more cheaply and Powered by Cognero

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Chapter 13: Prisons and Jailes

efficiently than public prisons? a. more red tape b. competitive bidding c. no need for an expensive rank hierarchy d. increased labor costs e. less taxes paid 43. What is the main reason for the emergence of private prisons? a. overcrowding of state-run prisons b. budget problems of state-run prisons c. safety concerns in state-run prisons d. decrease in citizen taxes e. higher first-time offender violations 44. Which of the following is a basis of an objection to private prisons? a. safety concerns b. geographical concerns c. cost efficiency d. overcrowding e. taking money away from public prisons 45. Which of the following is a common jail function? a. holding convicted rapists b. detaining juveniles permanently c. housing inmates awaiting transfer d. housing parolees e. holding capital punishment offenders 46. Judges often credit the time an accused person was detained awaiting trial as “credit for time served.” This

practice acknowledges that ______. a. judges are not fair b. judges favor probation over incarceration c. most jails offer inmates little or no rehabilitative programming d. most crimes do not deserve long jail stays e. prisons are not effective 47. The majority of the nation’s jails are managed by ______. a. the County Sheriff’s Office b. the state department of corrections c. the county court d. private companies such as CCA Powered by Cognero

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Chapter 13: Prisons and Jailes e. the local police department 48. On the fee system on which many jails operate, a government agency pays the sheriff’s department ______. a. a lump sum each year for jail administration b. a certain amount per day per inmate housed c. to keep the inmate population low d. the amount that inmates are not able to pay for their incarceration e. the amount it costs to feed a person 49. Which of the following is one of the three common conditions that make the management of jails difficult

for sheriffs’ departments? a. number of deputies b. inmate gender c. domestic violence dependency d. low socioeconomic status e. physical health problems 50. According to the text, what is the single factor that most exacerbates the difficulties involved in jail

management? a. lack of funding b. overcrowding c. inmates incarcerated for serious offenses d. insufficient rehabilitation programs e. substance abuse and dependency 51. The ballot initiative offered a dramatic solution to the problem of California’s overcrowded prisons and jails.

Called Proposition 47, it proposed to downgrade a number of nonviolent felonies involving less than $950— including grand theft, shoplifting, writing bad checks, receiving stolen property, and drug possession—to misdemeanors. As a result of this change, offenders convicted of these crimes would probably not wind up behind bars. In 2014, 30 states passed legislation designed to lower incarceration rates, often by steering nonviolent offenders to community supervision. These policy choices reflect a small but significant trend in American corrections: fewer inmates. To be sure, these decreases do little to threaten our nation’s title as “the globe’s leading incarcerator.” About 2.2 million Americans are in prison and jail. The United States locks up six times as many of its citizens as Canada does, and eight times as many as a number of European democracies.

Still, the fact that politicians are willing to accept policies that reduce the number of inmates represents a sea change in the country’s corrections strategies.

Which of the following decarceration methods was used by California to decrease the prison population? a. implemented a realignment strategy to divert low-level offenders to jails b. increased the rate of release of violent offenders from prison c. decreased the rate of imprisonment for drug offenders d. introduced a series of reforms to reduce new “back end” prisons admissions Powered by Cognero

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Chapter 13: Prisons and Jailes e. decreased the probability that violent offenders will be sentenced to prison 52. The ballot initiative offered a dramatic solution to the problem of California’s overcrowded prisons and jails.

Called Proposition 47, it proposed to downgrade a number of nonviolent felonies involving less than $950— including grand theft, shoplifting, writing bad checks, receiving stolen property, and drug possession—to misdemeanors. As a result of this change, offenders convicted of these crimes would probably not wind up behind bars. In 2014, thirty states passed legislation designed to lower incarceration rates, often by steering nonviolent offenders to community supervision. These policy choices reflect a small but significant trend in American corrections: fewer inmates. To be sure, these decreases do little to threaten our nation’s title as “the globe’s leading incarcerator.” About 2.2 million Americans are in prison and jail. The United States locks up six times as many of its citizens as Canada does, and eight times as many as a number of European democracies.

Still, the fact that politicians are willing to accept policies that reduce the number of inmates represents a sea change in the country’s corrections strategies.

Inmates today are serving more time due to ______. a. the growth of private prisons b. the chance of someone who is arrested going to prison today is much greater than it was 30 years ago c. the increase in crime rates d. the “get tough” sentencing laws e. the war on drugs 53. The ballot initiative offered a dramatic solution to the problem of California’s overcrowded prisons and jails.

Called Proposition 47, it proposed to downgrade a number of nonviolent felonies involving less than $950— including grand theft, shoplifting, writing bad checks, receiving stolen property, and drug possession—to misdemeanors. As a result of this change, offenders convicted of these crimes would probably not wind up behind bars. In 2014, thirty states passed legislation designed to lower incarceration rates, often by steering nonviolent offenders to community supervision. These policy choices reflect a small but significant trend in American corrections: fewer inmates. To be sure, these decreases do little to threaten our nation’s title as “the globe’s leading incarcerator.” About 2.2 million Americans are in prison and jail. The United States locks up six times as many of its citizens as Canada does, and eight times as many as a number of European democracies.

Still, the fact that politicians are willing to accept policies that reduce the number of inmates represents a sea change in the country’s corrections strategies.

Which of the following was a factor in federal prison growth? a. Congress abolished probations in the federal corrections system. b. The number of federal inmates sentenced for immigration violations increased. c. The number of juvenile offenders in prison doubled. d. There were changes in habeas corpus proceedings. e. There was an increase in imprisoned traffic violators.

54. The ballot initiative offered a dramatic solution to the problem of California’s overcrowded prisons and jails.

Called Proposition 47, it proposed to downgrade a number of nonviolent felonies involving less than $950— including grand theft, shoplifting, writing bad checks, receiving stolen property, and drug possession—to Powered by Cognero

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Chapter 13: Prisons and Jailes

misdemeanors. As a result of this change, offenders convicted of these crimes would probably not wind up behind bars. In 2014, thirty states passed legislation designed to lower incarceration rates, often by steering nonviolent offenders to community supervision. These policy choices reflect a small but significant trend in American corrections: fewer inmates. To be sure, these decreases do little to threaten our nation’s title as “the globe’s leading incarcerator.” About 2.2 million Americans are in prison and jail. The United States locks up six times as many of its citizens as Canada does, and eight times as many as a number of European democracies.

Still, the fact that politicians are willing to accept policies that reduce the number of inmates represents a sea change in the country’s corrections strategies.

States increasingly are relying on which of the following strategies that are supported by statistical research to decarcerate? a. get “tough on crime” strategies b. community corrections c. drug courts d. evidence-based strategies e. rehabilitation strategies 55. To reform its criminal justice system, Maryland’s legislature took two massive steps in 2016. First,

nonviolent offenders who had been given severe prison sentences in the past would be eligible for early release.

Second, mandatory minimum sentences for newly convicted nonviolent offenders were rescinded, meaning that those found guilty of intent to distribute illegal drugs would no longer automatically face 10 years in prison. As a result, Maryland expects to reduce its prison population by nearly two thousand and save at least $80.5 million dollars in incarceration costs over the next decade.

Maryland is hardly the only state to have taken dramatic measures with regard to corrections and criminal justice. In 2010, South Carolina eliminated some mandatory minimums, changed low-level property crimes from felonies to misdemeanors, and made it less likely for probation and parole violators to be incarcerated. By 2016, these measures had led to an 18 percent drop in South Carolina’s prison population and $18 million in corrections savings. Overall, between 2006 and 2016, 28 states saw their prison populations decline, contributing to a small but significant trend in American corrections: fewer inmates. In 2015, the U.S. prison population fell by just over 2 percent, hitting its lowest level since 2005 and continuing a six-year downward course.

Which of the following decarceration methods was used by Maryland to decrease the prison population? a. decreased the probability that nonviolent offenders will be sentenced to prison b. removed any level of criminality associated with drugs from the books c. decreased the rate of imprisonment for probation and parole violators d. increased rehabilitation programs e. introduced reforms to reduce “back end” prison admissions 56. To reform its criminal justice system, Maryland’s legislature took two massive steps in 2016. First,

nonviolent offenders who had been given severe prison sentences in the past would be eligible for early release.

Second, mandatory minimum sentences for newly convicted nonviolent offenders were rescinded, meaning that Powered by Cognero

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Chapter 13: Prisons and Jailes

those found guilty of intent to distribute illegal drugs would no longer automatically face ten years in prison. As a result, Maryland expects to reduce its prison population by nearly two thousand and save at least $80.5 million dollars in incarceration costs over the next decade.

Maryland is hardly the only state to have taken dramatic measures with regard to corrections and criminal justice. In 2010, South Carolina eliminated some mandatory minimums, changed low-level property crimes from felonies to misdemeanors, and made it less likely for probation and parole violators to be incarcerated. By 2016, these measures had led to an 18 percent drop in South Carolina’s prison population and $18 million in corrections savings. Overall, between 2006 and 2016, 28 states saw their prison populations decline, contributing to a small but significant trend in American corrections: fewer inmates. In 2015, the U.S. prison population fell by just over 2 percent, hitting its lowest level since 2005 and continuing a six-year downward course.

Reducing prison populations in Maryland translated directly into which of the following? a. state-wide savings b. reduced crime rates c. closing prisons d. reduced unemployment e. decline of private prisons 57. To reform its criminal justice system, Maryland’s legislature took two massive steps in 2016. First,

nonviolent offenders who had been given severe prison sentences in the past would be eligible for early release.

Second, mandatory minimum sentences for newly convicted nonviolent offenders were rescinded, meaning that those found guilty of intent to distribute illegal drugs would no longer automatically face ten years in prison. As a result, Maryland expects to reduce its prison population by nearly two thousand and save at least $80.5 million dollars in incarceration costs over the next decade.

Maryland is hardly the only state to have taken dramatic measures with regard to corrections and criminal justice. In 2010, South Carolina eliminated some mandatory minimums, changed low-level property crimes from felonies to misdemeanors, and made it less likely for probation and parole violators to be incarcerated. By 2016, these measures had led to an 18 percent drop in South Carolina’s prison population and $18 million in corrections savings. Overall, between 2006 and 2016, 28 states saw their prison populations decline, contributing to a small but significant trend in American corrections: fewer inmates. In 2015, the U.S. prison population fell by just over 2 percent, hitting its lowest level since 2005 and continuing a six-year downward course.

Which of the following makes up a majority of offenders in a state prison? a. drug offenders b. public order offenders c. property crime offenders d. violent offenders e. traffic violators Powered by Cognero

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Chapter 13: Prisons and Jailes 58. What term refers to Auburn’s System that allowed prisoners to work and eat together? a. solitary b. community corrections c. rehabilitative d. separate e. congregate 59. Which model of corrections is based on the psychological and biological roots of an inmate’s criminal

behavior that are identified and treated? a. custodial b. rehabilitation c. reintegration d. just deserts e. medical 60. The primary concept of the Pennsylvania System was what type of confinement system? a. solitary b. community corrections c. rehabilitative d. separate e. congregate 61. Which model is based on the assumption that prisoners are incarcerated for reasons of incapacitation,

deterrence, and retribution? a. custodial b. rehabilitation c. reintegration d. just deserts e. medical 62. Which model stresses the ideals of individualized treatment? a. custodial b. rehabilitation c. reintegration d. just deserts e. probationary 63. In which model do prisoners have more responsibility during incarceration? a. custodial b. rehabilitation c. reintegration Powered by Cognero

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Chapter 13: Prisons and Jailes d. just deserts e. probationary 64. In which model does the correctional institution serve as a training ground for the inmate to prepare for

existence in the community? a. custodial b. rehabilitation c. reintegration d. just deserts e. probationary 65. Prison organizations often resemble police organizations as both systems rely on what type of hierarchy? a. chain of command b. bottom-up c. unstructured d. non-military e. chain of control 66. Who is ultimately responsible for the operation of the prison? a. parole officer b. probation officer c. judge d. correctional officer e. warden 67. The process through which prison officials screen each incoming inmate to best determine that inmate’s

security and treatment needs is called what? a. violent behavior b. sentence c. custody level d. classification e. assessment 68. What determines the type of correctional facility an offender is placed in? a. violent behavior b. sentence c. custody level d. risk e. assessment 69. For the most part, supermax prisons operate in which constant state, where all inmates are confined to their

cells and social activities such as meals, recreational sports, and treatment programs are nonexistent?

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Chapter 13: Prisons and Jailes a. lockdown b. violence c. solitary confinement d. meditation e. rehabilitation 70. Which of the following prison is a correctional facility reserved for those inmates who have extensive

records of misconduct? a. minimum-security b. medium-security c. maximum-security d. supermax e. super minimum 71. A prison designed to hold and discipline dangerous offenders, usually with cement walls and electronic

barriers, is considered to be which security level facility? a. minimum-security b. medium-security c. maximum-security d. supermax e. super minimum 72. A prison design where the housing units are scattered among functional units such as the dining room,

recreation area, and treatment centers is referred to as what type of design? a. radial style b. courtyard style c. telephone-pole style d. campus style e. rectangular style 73. Which prison security design is in a campus style, where inmates have a measure of freedom of movement? a. minimum-security b. medium-security c. maximum-security d. supermax e. super minimum 74. One factor responsible for the rising incarceration rates is that which group of individuals are now more

likely to be incarcerated, especially for drug offenses? a. people of color b. White males Powered by Cognero

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Chapter 13: Prisons and Jailes c. juveniles d. immigrants e. women 75. High rates of incarceration have a disproportionate impact on voting rights in which of the following type of

group? a. people of color b. White males c. juveniles d. immigrants e. elderly 76. What term refers to a consequence of taking away convicted felons’ right to vote? a. get “tough on crime” strategies b. disenfranchised c. disbanded d. evidence-based strategies e. rehabilitated 77. Which of the following organizations is one of the largest private correction firms? a. Walnut Street Prison b. Auburn Prison c. CoreCivic d. Western Penitentiary e. Eastern Penitentiary 78. Which type of prisons are correctional facilities operated for profit? a. public b. rehabilitation c. drug courts d. private e. drug 79. The basic structure of the new-generation jail is based on which facility design? a. linear b. podular c. traditional d. cell block e. rectangular 80. Which of the following is a county detention facility used to hold persons awaiting trial or who have been Powered by Cognero

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Chapter 13: Prisons and Jailes

found guilty of a misdemeanor? a. jail b. prison c. drug court d. rehab e. detention center 81. Which level of government or agency/organization generally operate jails? a. county sheriff’s office b. state department of corrections c. county court d. private companies such as CCA e. the local police department 82. What is a chronic problem in many jails today? a. lack of funding b. overcrowding c. inmates incarcerated for serious offenses d. insufficient rehabilitation programs e. violence 83. Jails are often more difficult to manage than prisons due to which characteristics of the inmate populations? a. female offenders b. violent offenders c. drug offenders d. first-time offenders e. diverse offenders

84. Contrast the Pennsylvania and the New York penitentiary theories of the 1800s.

85. Explain the three general models of prisons.

86. Describe the formal prison management system and indicate the three most important aspects of prison

governance.

87. List and briefly explain the four security levels of prisons.

88. Identify some factors that have caused the prison population to grow dramatically over the past few decades.

89. Explain some of the consequences of our high rates of incarceration.

90. List the reasons why private prisons can be run more cheaply than public prisons in the American Powered by Cognero

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correctional system.

91. Summarize the distinction between jails and prisons and indicate the importance of jails in the American

correctional system.

92. Explain the way that jails are administered.

93. Identify three conditions common among jail inmates that make the management of jails difficult for

sheriffs’ departments.

94. You are a governor who won election, in part, by campaigning on decreasing the population of your state’s

prisons. As the newly elected governor, list some ways in which you might effectively accomplish this campaign promise.

95. As a prison administrator, you have been charged with changing your prison’s organization from one under

the custodial model to one that has a more rehabilitation model approach. Explain what exactly this means and how you might be able to do this.

96. As a warden of a federal supermax prison, you have regular and frequent cause to “lockdown” your facility.

What exactly does this mean and how might you be able to reduce the frequency of lockdowns in the future?

97. You are a warden. Your prison, a medium-security facility, has had cause of late to move from medium-

security to a more “maximum-security” level. What might have been the cause for this need for change and what types of changes would likely need to occur?

98. You are a prisoner who has served three years of a five-year mandatory sentence for a drug violation. Given

that your sentence was a mandatory minimum sentence, what possible explanations might there be for your lawyer’s visit to the prison to tell you that you were being considered for early release?

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Chapter 13: Prisons and Jailes Answer Key 1. True 2. True 3. False 4. False 5. False 6. False 7. True 8. True 9. False 10. True 11. True 12. True 13. True 14. True 15. True 16. False 17. True 18. c 19. a 20. a 21. c 22. c 23. a 24. b 25. d Powered by Cognero

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Chapter 13: Prisons and Jailes 26. a 27. b 28. c 29. d 30. c 31. d 32. b 33. c 34. d 35. a 36. e 37. c 38. b 39. b 40. b 41. a 42. b 43. a 44. a 45. c 46. c 47. a 48. b 49. e 50. b 51. e Powered by Cognero

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Chapter 13: Prisons and Jailes 52. d 53. b 54. d 55. a 56. a 57. d 58. e 59. e 60. d 61. a 62. b 63. c 64. c 65. a 66. e 67. d 68. c 69. a 70. d 71. c 72. d 73. a 74. e 75. a 76. b Powered by Cognero

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Chapter 13: Prisons and Jailes 77. c 78. d 79. b 80. a 81. a 82. b 83. e 84. Answers will vary.

85. Answers will vary.

86. Answers will vary.

87. Answers will vary.

88. Answers will vary.

89. Answers will vary.

90. Answers will vary.

91. Answers will vary.

92. Answers will vary.

93. Answers will vary.

94. Answers will vary.

95. Answers will vary.

96. Answers will vary.

97. Answers will vary.

98. Answers will vary.

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Chapter 14: The Prison Experience and Prisoner Reentry

Indicate whether the statement is true or false.

1. Prisons are considered to be unique in being “total” institutions. a. True b. False 2. The number of older inmates has increased dramatically in recent years. a. True b. False 3. Almost 90 percent of prison inmates reported being members of a prison gang. a. True b. False 4. Relative deprivation theory holds that inmate aggression arises when the inmate thinks their usual freedoms

have been eliminated. a. True b. False 5. Prison officials do not need to collect data on prison rape because there is no law that would sanction rapists. a. True b. False 6. Correctional officers find that disciplining inmates is the most difficult and stressful job function. a. True b. False 7. Correctional officers enforce the prison rules in much the same way that a highway patrol officer enforces

traffic regulations. a. True b. False 8. The “hands-off” doctrine of prisoner law says that prison guards should avoid physical contact with inmates

as much as possible. a. True b. False 9. Women’s prisons have much lower levels of overt aggression than men’s prisons. a. True b. False 10. The single factor that most distinguishes female inmates from their male counterparts is a history of

substance abuse. a. True b. False Powered by Cognero

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Chapter 14: The Prison Experience and Prisoner Reentry 11. Expiration release is also referred to as “maxing out.” a. True b. False 12. The rearrest rates of rapists and those convicted of other forms of sexual assault are among the lowest for all

offenders. a. True b. False 13. As a result of sex offender post-release notification requirements, most local police departments must

announce the presence of paroled sex offenders in their jurisdictions. a. True b. False 14. Civil confinement laws prevent corrections officials from locking up sex offenders in non-correctional

facilities indefinitely. a. True b. False

Indicate the answer choice that best completes the statement or answers the question.

15. Professional criminals adapt to prison by ______. a. jailing b. gleaning c. doing time d. taking courses e. rehabilitation 16. The socialization process through which a new inmate learns the accepted norms and values of the prison

culture is called ______. a. prisonization b. doing time c. gleaning d. jailing e. institutionalized 17. Which of the following is a prison program that provides the skills necessary to find employment? a. literacy training b. GED programs c. vocational training d. psychiatric services e. psychological treatment Powered by Cognero

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Chapter 14: The Prison Experience and Prisoner Reentry 18. What type of program is a substance abuse treatment program in prisons in which former substance abusers

help current addicts change their harmful behavior patterns? a. therapeutic community b. prison program c. psychiatric d. educational e. psychological 19. The patterns of adaptive inmate behavior in the prison environment identified by sociologist John Irwin are

______. a. subversive, below-the-radar, frenetic, and hopeless b. doing time, jailing, gleaning, and disorganized c. assertive, submissive, evasive, and subversive d. owners, owned, and freelancers e. organized, jailing, owners, doing time 20. Which of the following is an institution, such as a prison, that provides all of the necessities for existence to

those who live within its boundaries? a. hierarchy b. limited institution c. total institution d. bureaucracy e. penitentiary 21. What term refers to an inmate who takes advantage of prison programs and strives to improve themselves

while incarcerated? a. doing time b. jailing c. gleaning d. disorganized e. assertive 22. Which of the following was a reason given by the Supreme Court in Brown v. Plata that ordered the state of

California to reduce its prison population? a. decreased risk of suicide b. lack of minimum constitutional requirements for medical and mental health care c. decreased, substantial risk for transmission of infectious illness d. lack of prison programming e. decreased risk of solitary confinement 23. Which model is a theory that inmate aggression is the result of the frustration inmates feel at the stressful

and oppressive conditions of prison life?

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Chapter 14: The Prison Experience and Prisoner Reentry a. community b. therapeutic c. deprivation d. substance abuse e. aggression 24. Which of the following occurs in prisons today that separates the powerful from the weak? a. anarchy b. validation c. sequestration d. hierarchy e. chain of command 25. The largest element in prison gang formation is ______. a. race and ethnic identification b. religion c. age d. gender e. politics 26. Which of the following is a prison gang? a. Aryan Brotherhood b. La Gambia Familia c. Mexican Familia d. Reds e. Street Lords 27. What term refers to the practice of separating inmates based on a certain characteristic, such as age, gender,

type of crime committed, or race? a. relative segregation b. absolute segregation c. deprivation model d. prison segregation e. segregation model 28. The theory that inmate aggression is caused when freedoms and services that the inmate has come to accept

as normal are decreased or eliminated is called ______. a. relative deprivation b. absolute deprivation c. social deprivation d. induced deprivation Powered by Cognero

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Chapter 14: The Prison Experience and Prisoner Reentry e. aggressive deprivation 29. Which correctional officers likely have the least seniority? a. work detail supervisors b. yard officers c. tower guards d. block officers e. school officers 30. Officers who spend their entire shifts, which usually last eight hours, in isolated, silent posts high above the

grounds of the facility are called ______. a. work detail supervisors b. yard officers c. tower guards d. block officers e. school officers 31. Employees who supervise cell blocks containing as many as four hundred inmates, as well as the

correctional officers on block guard duty, are called ______. a. work detail supervisors b. yard officers c. tower guards d. block officers e. school officers 32. In which case did the U.S. Supreme Court hold that the use of force by prison officials violates the Eight

Amendment if it inflicts “unnecessary and wanton” pain? a. Wolff v. McDonnell (1974) b. Cooper v. Pate (1964) c. Hudson v. McMillan (1992) d. Whitley v. Albers (1986) e. Estelle v. Gamble (1967) 33. Which of the following is one of the goals of inmate discipline? a. to ensure that inmates are well prepared for reintegration to society and be able to find work b. to ensure the weaker inmates are safe c. to instill respect for authority of police officers d. to teach values and respectful behavior that influence the inmate’s attitude when they are released

from prison e. to ensure inmates are not placed in solitary confinement 34. In which case did the U.S. Supreme Court establish the “malicious and sadistic” standard for deciding Powered by Cognero

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Chapter 14: The Prison Experience and Prisoner Reentry

excessive force claims? a. Wolff v. McDonnell (1974) b. Cooper v. Pate (1964) c. Hudson v. McMillan (1992) d. Whitley v. Albers (1986) e. Brown v. Plata (2011) 35. In which case did the U.S. Supreme Court establish the “deliberate indifference” standard? a. Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex (1979) b. Sandin v. Conner (1995) c. Smith v. Doe (2003) d. Estelle v. Gamble (1976) e. Brown v. Plata (2011) 36. The Supreme Court ruled that under the Fourth Amendment ______. a. prison officials may only search cells with the consent of the inmate b. arbitrary searches of prison cells are allowed because inmates have no reasonable expectation of

privacy c. arbitrary searches meet the standard of deliberate indifference on the part of correctional officers and are unconstitutional d. prison cells may only be searched when there is a serious security threat e. body searches are permitted without consent of the inmate 37. The single factor that distinguishes female offenders from male offenders is a history of ______. a. physical or sexual abuse b. substance abuse c. unemployment d. low educational achievement e. mental illness 38. According to the text, which of the listed factors is identified as having an impact on an offender’s ability to

reenter free society? a. the offender’s celebrity-like status as a parolee b. a “bothersome” parole officer c. lack of employment and housing opportunities d. emotional separation from inmate friends who were not released e. substance addiction 39. A form of executive clemency that clears the record of the offender is ______. a. parole b. a pardon Powered by Cognero

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Chapter 14: The Prison Experience and Prisoner Reentry c. compassionate release d. discretionary release e. furlough 40. What is the largest obstacle to successful prisoner reentry? a. Inmates experience life so much differently behind bars compared to the outside world. b. Inmates receive everything for free in prison. c. Inmates learn to be better criminals. d. Inmates are career criminals who don’t want to become law-abiding citizens. e. Inmates like prison life.

41. Which of the following is a type of prison release? a. probation b. fine c. drug court d. work release e. pardon 42. What is the release of an inmate from prison at the end of their sentence without any further correctional

supervision called? a. parole b. expiration release c. a pardon d. furlough e. probation 43. What laws prohibit public employers from inquiring into the criminal backgrounds of potential employees

by having a “criminal history box” section on their application forms? a. expungement b. “ban the box” c. work release d. reentry e. confidential 44. Prisoner reentry is a concept that encompasses ______. a. issues experienced by the individual offender b. the laws that govern prisoner incarceration c. mental health and employment d. the released convict’s relationship with society e. activities to prepare offenders for their parole evaluation

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Chapter 14: The Prison Experience and Prisoner Reentry 45. The most important factor when considering desistance is ______. a. the inmate’s ability to find employment b. frequent meetings with a parole officer c. counseling and substance abuse programming d. the individual inmate’s desire to remain free e. the inmate’s family 46. Which laws allow low-level criminals to remove offenses from their criminal records so that these crimes

will not be uncovered by employer background checks? a. expungement b. “ban the box” c. work release d. reentry e. residency restriction 47. A number of states have passed civil confinement laws, which allow corrections officials to ______. a. extend the prison sentences of convicted sex offenders by ten years b. confine sex offenders in non-correctional facilities such as psychiatric hospitals after the conclusion

of their prison terms c. keep sex offenders in prison indefinitely d. force sex offenders to undergo behavioral therapy while in prison e. confine sex offenders to home arrest for an unspecified amount of time 48. Which individuals are required by notification laws to register with local police agencies? a. sex offenders b. murders c. arsonists d. scam artists e. terrorists 49. Which of the following is a special condition for the release of a paroled sex offender? a. must have minimal contact with children under the age of eighteen b. must stay a certain distance from children’s hospitals where children are present c. cannot have a job or participate in any activity that involves females d. must undergo sterilization treatment e. cannot talk to their own children 50. New Jersey Sexual Offender Registration Act is also referred to as ______. a. “Megan’s Law” b. “Jessica’s Law” c. “Adam Walsh Act” Powered by Cognero

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Chapter 14: The Prison Experience and Prisoner Reentry d. “Amber Alert” e. “New Jersey Act” 51. John was very interested in becoming a correctional officer. He read that salaries can be as high as $90,000 a

year and the position offers benefits and employment security.

Which of the following will John be required to pass in order to be a correctional officer? a. SAT b. cognitive test c. civil service exam d. mental agility tests e. POST test 52. John was very interested in becoming a correctional officer. He read that salaries can be as high as $90,000 a

year and the position offers benefits and employment security.

John is very interested in managing inmates within the facility. Which of the following positions would this fall under? a. work detail supervisors b. yard officer c. tower guard d. block officer e. school officer 53. In 2016, a coalition of community leaders and prison inmates calling themselves the Free Alabama

Movement released a document entitled “Our Freedom Bill.” Among other stipulations, this manifesto demanded the elimination of “all laws that permit slavery” in Alabama. This request was not quite as extreme as it might have seemed. While the Thirteenth Amendment to the U.S. Constitution, ratified in 1865, did abolish slavery, it provided an exception for jobs performed “as a punishment for a crime.” As a result of this loophole, almost every prison inmate in the United States, if physically and mentally able, works for little or no compensation.

The variety of prison employment is enormous, from on-site maintenance and kitchen duty, to firefighting, to building products for companies such as McDonald’s, Wal-Mart, and Victoria’s Secret. At the most, inmates in federal prisons receive salaries of up to $1.14 an hour. At the least, a number of states, including Alabama, do not pay inmates at all. To draw attention to this version of “slavery,” on September 9, 2016, members of the Free Alabama Movement at the William C. Holman Correctional Facility in Atmore organized a strike. That day, about 75 inmates at Holman refused to work. Over the next several weeks, as news of this action spread through social media, approximately 24,000 prisoners in 12 other states joined the cause.

The inmate work strike was not the only sign of labor unrest at Holman prison that month. On September 24, nine correctional officers stayed home to protest the institution’s chronic understaffing. Holman had already experienced a number of violent riots that year, and on September 1st, an inmate had fatally stabbed a correctional officer following a dispute over food portions. “Officers are refusing to go in the cells because of the violence and won’t respond to emergency situations because they think it’s too dangerous,” said one inmate, Powered by Cognero

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Chapter 14: The Prison Experience and Prisoner Reentry

who claimed that four stabbings a day were taking place at Holman. “Basically, prisoners are just policing themselves.”

Which model explains why there is a high level of prison violence based upon stressful and oppressive conditions of prison life? a. militaristic model b. passive model c. active model d. security threat group model e. deprivation model 54. In 2016, a coalition of community leaders and prison inmates calling themselves the Free Alabama

Movement released a document entitled “Our Freedom Bill.” Among other stipulations, this manifesto demanded the elimination of “all laws that permit slavery” in Alabama. This request was not quite as extreme as it might have seemed. While the Thirteenth Amendment to the U.S. Constitution, ratified in 1865, did abolish slavery, it provided an exception for jobs performed “as a punishment for a crime.” As a result of this loophole, almost every prison inmate in the United States, if physically and mentally able, works for little or no compensation.

The variety of prison employment is enormous, from on-site maintenance and kitchen duty, to firefighting, to building products for companies such as McDonald’s, Wal-Mart, and Victoria’s Secret. At the most, inmates in federal prisons receive salaries of up to $1.14 an hour. At the least, a number of states, including Alabama, do not pay inmates at all. To draw attention to this version of “slavery,” on September 9, 2016, members of the Free Alabama Movement at the William C. Holman Correctional Facility in Atmore organized a strike. That day, about 75 inmates at Holman refused to work. Over the next several weeks, as news of this action spread through social media, approximately 24,000 prisoners in 12 other states joined the cause.

The inmate work strike was not the only sign of labor unrest at Holman prison that month. On September 24, nine correctional officers stayed home to protest the institution’s chronic understaffing. Holman had already experienced a number of violent riots that year, and on September 1, an inmate had fatally stabbed a correctional officer following a dispute over food portions. “Officers are refusing to go in the cells because of the violence and won’t respond to emergency situations because they think it’s too dangerous,” said one inmate, who claimed that four stabbings a day were taking place at Holman. “Basically, prisoners are just policing themselves.”

Which of the following is a reason for violent behavior in prisons? a. It provides a deterrent against recidivism. b. It enhances self-image in the prison environment. c. It serves as a means of acquiring the approval of correctional officers. d. It ensures that inmates will receive lower sentences. e. It allows correctional officers to monitor who is strongest in the facility.

55. In 2016, a coalition of community leaders and prison inmates calling themselves the Free Alabama

Movement released a document entitled “Our Freedom Bill.” Among other stipulations, this manifesto demanded the elimination of “all laws that permit slavery” in Alabama. This request was not quite as extreme as Powered by Cognero

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Chapter 14: The Prison Experience and Prisoner Reentry

it might have seemed. While the Thirteenth Amendment to the U.S. Constitution, ratified in 1865, did abolish slavery, it provided an exception for jobs performed “as a punishment for a crime.” As a result of this loophole, almost every prison inmate in the United States, if physically and mentally able, works for little or no compensation.

The variety of prison employment is enormous, from on-site maintenance and kitchen duty, to firefighting, to building products for companies such as McDonald’s, Wal-Mart, and Victoria’s Secret. At the most, inmates in federal prisons receive salaries of up to $1.14 an hour. At the least, a number of states, including Alabama, do not pay inmates at all. To draw attention to this version of “slavery,” on September 9, 2016, members of the Free Alabama Movement at the William C. Holman Correctional Facility in Atmore organized a strike. That day, about 75 inmates at Holman refused to work. Over the next several weeks, as news of this action spread through social media, approximately 24,000 prisoners in 12 other states joined the cause.

The inmate work strike was not the only sign of labor unrest at Holman prison that month. On September 24, nine correctional officers stayed home to protest the institution’s chronic understaffing. Holman had already experienced a number of violent riots that year, and on September 1, an inmate had fatally stabbed a correctional officer following a dispute over food portions. “Officers are refusing to go in the cells because of the violence and won’t respond to emergency situations because they think it’s too dangerous,” said one inmate, who claimed that four stabbings a day were taking place at Holman. “Basically, prisoners are just policing themselves.”

In cases of prison strikes or prison riots, when the courts choose noninterference in such prison matters, this would be an example of which of the following? a. deliberate indifference b. gang violence c. identifiable human needs d. hands-off doctrine e. interference doctrine 56. In 2016, a coalition of community leaders and prison inmates calling themselves the Free Alabama

Movement released a document entitled “Our Freedom Bill.” Among other stipulations, this manifesto demanded the elimination of “all laws that permit slavery” in Alabama. This request was not quite as extreme as it might have seemed. While the Thirteenth Amendment to the U.S. Constitution, ratified in 1865, did abolish slavery, it provided an exception for jobs performed “as a punishment for a crime.” As a result of this loophole, almost every prison inmate in the United States, if physically and mentally able, works for little or no compensation.

The variety of prison employment is enormous, from on-site maintenance and kitchen duty, to firefighting, to building products for companies such as McDonald’s, Wal-Mart, and Victoria’s Secret. At the most, inmates in federal prisons receive salaries of up to $1.14 an hour. At the least, a number of states, including Alabama, do not pay inmates at all. To draw attention to this version of “slavery,” on September 9, 2016, members of the Free Alabama Movement at the William C. Holman Correctional Facility in Atmore organized a strike. That day, about 75 inmates at Holman refused to work. Over the next several weeks, as news of this action spread through social media, approximately 24,000 prisoners in 12 other states joined the cause.

The inmate work strike was not the only sign of labor unrest at Holman prison that month. On September 24, Powered by Cognero

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Chapter 14: The Prison Experience and Prisoner Reentry

nine correctional officers stayed home to protest the institution’s chronic understaffing. Holman had already experienced a number of violent riots that year, and on September 1, an inmate had fatally stabbed a correctional officer following a dispute over food portions. “Officers are refusing to go in the cells because of the violence and won’t respond to emergency situations because they think it’s too dangerous,” said one inmate, who claimed that four stabbings a day were taking place at Holman. “Basically, prisoners are just policing themselves.”

Which of the following standards would be violated by a warden allowing inmates to strike or even to fight against each other? a. deliberate indifference b. gang violence c. identifiable human needs d. hands-off doctrine e. interference indifference 57. Which of the following is the socialization process by which a new inmate learns the norms and values of a

prison population? a. prisonization b. doing time c. gleaning d. jailing e. institutionalized 58. Prisons that encompass every aspect of an inmate’s life are known as what? a. hierarchy b. limited institutions c. total institutions d. bureaucracies e. penitentiaries 59. What term refers to an inmate following the rules and generally doing whatever is necessary to speed up

their release and return to freedom? a. prisonization b. doing time c. gleaning d. jailing e. institutionalized 60. What consists of prison programs that provides inmates with skills necessary to find a job? a. literacy training b. GED programs c. vocational training Powered by Cognero

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Chapter 14: The Prison Experience and Prisoner Reentry d. psychiatric services e. psychological treatment 61. To take advantage of prison resources such as libraries or drug treatment programs is called what? a. prisonization b. doing time c. gleaning d. jailing e. institutionalized 62. In Brown v. Plata, the U.S. Supreme Court ordered California to do what to its prison population? a. increase the female population b. increase the population c. reduce the population d. reduce the juvenile population e. reduce the gang population 63. In which case did the U.S. Supreme Court rule that extreme overcrowding was incompatible “with the

concept of human dignity”? a. Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex (1979) b. Sandin v. Conner (1995) c. Smith v. Doe (2003) d. Estelle v. Gamble (1976) e. Brown v. Plata (2011) 64. Which theory suggests that inmate aggression is caused when freedoms and services that the inmate has

come to accept as normal are decreased or eliminated? a. relative deprivation b. absolute deprivation c. social deprivation d. induced deprivation e. aggressive deprivation 65. Which of the following is a group of inmates who band together within the corrections system to engage in

social and criminal activities? a. prison gang b. prison family c. cluster d. assembly e. prison group 66. What is defined as situations in which a number of prisoners are beyond institutional control for a significant Powered by Cognero

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Chapter 14: The Prison Experience and Prisoner Reentry

amount of time and are relatively rare? a. violence b. riots c. demonstration d. fight e. escape 67. Which type of group is an identifiable group of three or more individuals who pose a threat to the safety of

other inmates or members of the corrections community? a. inmate collection b. cluster c. security threat d. terrorist e. band 68. Which officers who work the prison yard usually have the least seniority, befitting the assignment’s

reputation as dangerous and stressful? a. work detail supervisors b. yard officers c. tower guards d. block officers e. school officers 69. Infractions of official prison rules can result in which of the following, or a report forwarded to the

institution’s disciplinary committee? a. solitary confinement b. assessment c. verbal warning d. write-up e. ticket 70. Which of the following are correctional officers who spend their entire shift in isolated, silent posts above

the prison? a. work detail supervisors b. yard officers c. tower guards d. block officers e. school officers 71. As the result of Estelle v. Gamble, inmates trying to prove that their Eighth Amendment rights were violated

in prison must demonstrate that prison officials behaved with which mistreatment? a. deliberate indifference Powered by Cognero

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Chapter 14: The Prison Experience and Prisoner Reentry b. abuse c. use of force d. violence e. interference 72. What are the basic necessities called that correctional facilities are required by the Constitution to provide to

inmates? a. human rights b. basic needs c. identifiable human needs d. individual rights e. decent food 73. The unwritten judicial policy that favors noninterference by the courts in the administration of prisons and

jails is known as what? a. deliberate indifference doctrine b. confidential doctrine c. identifiable human needs doctrine d. hands-off doctrine e. interference doctrine 74. Compared with men’s prisons, women’s prisons have what level of physical aggression? a. nonexistent b. extremely high c. equal d. high e. low 75. If convicts follow the conditions of their parole until the date on which their sentences end, they are

discharged from supervision. What is another condition convicts may follow? a. parole b. expiration release c. a pardon d. furlough e. probation 76. The majority of all inmates leaving prison—about two-thirds—do so through which mechanism? a. parole b. a pardon c. compassionate release d. discretionary release Powered by Cognero

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Chapter 14: The Prison Experience and Prisoner Reentry e. furlough 77. Which of the following is the body of appointed civilians that decides if an inmate should be granted

conditional release? a. grand jury b. parole board c. probation board d. corrections panel e. review board 78. What term refers to the temporary release from prison for vocational training, educational training, or other

personal reasons? a. parole b. expiration release c. a pardon d. furlough e. probation 79. Which of the following is a community residential facility for inmates under work release or parole

supervision? a. halfway house b. drug court c. detention center d. group home e. employment housing 80. All activities and programming conducted to prepare ex-convicts to return successfully to the community are

part of which program? a. furlough b. parole c. reentry d. desistance e. recidivism 81. What term refers to the process through which criminal activity decreases and reintegration into society

increases over a period of time? a. furlough b. parole c. reentry d. desistance e. recidivism Powered by Cognero

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Chapter 14: The Prison Experience and Prisoner Reentry 82. Which type of laws allow correctional officials to keep sex offenders locked up in non-correctional

institutions such as mental hospitals at the conclusion of their prison sentences? a. expungement b. “ban the box” c. work release d. reentry e. civil confinement

83. Explain the concept of prison as a total institution.

84. Describe the potential patterns of inmate behavior, which are driven by the inmate’s personality and values.

85. Explain how the concept of relative deprivation is related to violent behavior in prisons.

86. List the circumstances in which courts have found that the “legitimate security interests” of a jail or prison

justify the use of force by correctional officers.

87. List and briefly explain the six general job categories for correctional officers.

88. Describe the hands-off doctrine of prisoner law and indicate two standards used to determine if prisoners’

rights have been violated.

89. What are the three general goals of inmate discipline policies?

90. Describe typical conditions of parole.

91. Explain the goal of prisoner reentry programs.

92. Indicate typical conditions for release of a paroled sex offender.

93. You have been serving time as a prisoner for nearly five months. Although you are relatively new to the

environment, explain why you feel like the prison in which you are serving time is a “total institution.”

94. In the prison in which you are serving time, you have begun to notice many of the inmates around you have

small black tattoos in the shapes of teardrops near their eyes. What might these tattoos be saying about the prisoners who are wearing them?

95. As warden of the largest prison in your state, you have begun to request and even insist that the state

legislature allocate additional funds to your prison for the administration of prison programs. When you are called before your state legislature to testify as to what benefit these prison programs will have, what might you say to them?

96. As a “lifer” (a prisoner serving life behind bars), you as much as anyone knows that it is sometimes

important and even necessary to act out in violent ways inside of the prison walls. What are some of the reasons why this is true?

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Chapter 14: The Prison Experience and Prisoner Reentry 97. You are a corrections officer who has recently been suspended for use of force against two prisoners. At the

meeting with your boss, the warden, you insist that you should not have been suspended, and that your use of force was only in response to a legitimate security interest. Describe a scenario that would support your claim.

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Chapter 14: The Prison Experience and Prisoner Reentry Answer Key 1. True 2. True 3. False 4. True 5. False 6. True 7. True 8. False 9. True 10. False 11. True 12. True 13. True 14. False 15. c 16. a 17. a 18. a 19. b 20. c 21. c 22. b 23. c 24. d 25. a Powered by Cognero

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Chapter 14: The Prison Experience and Prisoner Reentry 26. a 27. d 28. a 29. b 30. c 31. d 32. d 33. d 34. c 35. d 36. b 37. a 38. c 39. b 40. a 41. e 42. b 43. b 44. d 45. d 46. a 47. b 48. a 49. c 50. a 51. c Powered by Cognero

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Chapter 14: The Prison Experience and Prisoner Reentry 52. d 53. e 54. b 55. d 56. a 57. a 58. c 59. b 60. c 61. c 62. c 63. e 64. a 65. a 66. b 67. c 68. b 69. e 70. c 71. a 72. c 73. d 74. e 75. b 76. a Powered by Cognero

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Chapter 14: The Prison Experience and Prisoner Reentry 77. b 78. d 79. a 80. c 81. d 82. e 83. Answers will vary.

84. Answers will vary.

85. Answers will vary.

86. Answers will vary.

87. Answers will vary.

88. Answers will vary.

89. Answers will vary.

90. Answers will vary.

91. Answers will vary.

92. Answers will vary.

93. Answers will vary.

94. Answers will vary.

95. Answers will vary.

96. Answers will vary.

97. Answers will vary.

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Chapter 15: The Juvenile Justice System

Indicate whether the statement is true or false.

1. The child savers proposed treatment, not punishment, for juvenile delinquents. a. True b. False 2. Since 1970, the standard of proof in juvenile court is the preponderance of the evidence. a. True b. False 3. One of the differences between juvenile courts and adult courts is that juveniles are “adjudicated delinquent”

instead of “found guilty.” a. True b. False 4. Roper v. Simmons prohibits the execution of offenders who were under age eighteen when they committed

their crimes. a. True b. False 5. The majority of American municipalities enforce juvenile curfews, which restrict the movement of minors

during certain hours, usually after dark. a. True b. False 6. The most common juvenile crimes are most likely to take place on school grounds. a. True b. False 7. Arrest rates for girls are declining more slowly than for boys. a. True b. False 8. The older a person is, the more likely they are to exhibit criminal behavior. a. True b. False 9. Youth often join gangs as a form of protection from other gangs. a. True b. False 10. Police have more power in their handling of juveniles than they do with adults due to the in loco parentis

doctrine. a. True Powered by Cognero

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Chapter 15: The Juvenile Justice System b. False 11. Police notify the juvenile court system of a juvenile’s unlawful content through a process referred to as

indictment. a. True b. False 12. During intake, the intake officer can elect to file a petition for a formal court hearing. a. True b. False

Indicate the answer choice that best completes the statement or answers the question.

13. The doctrine of parens patriae holds that ______. a. the state has the right and the responsibility to care for children who are neglected, delinquent, or

disadvantaged b. the state has a duty to protect the community from dangerous juvenile offenders c. the state has a duty to punish juvenile offenders d. the state has the right to prosecute those who abuse their children e. the state has a right to prosecute school officials 14. Which of the following is a difference between juvenile and adult court? a. punishments for juveniles are harsher b. presence of juries in juvenile court c. different terminology d. the adversarial relationship for juvenile court e. opened records for juveniles 15. In order to separate children who exhibited criminal tendencies from criminal adults, the child savers opened

a number of institutions. Which of the following was the best known? a. the Walnut Street Jail b. the House of Refuge c. the Elmira Training School d. the New York School for Correction e. Auburn House 16. Juvenile court is drastically different from adult court in that ______. a. there are no judges b. there is no bailiff or other security personnel c. there is no pretrial diversion d. there are no juries e. records are unsealed Powered by Cognero

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Chapter 15: The Juvenile Justice System 17. In which case did the U.S. Supreme Court rule that juveniles do not have a right to a jury trial in a juvenile

court proceeding? a. Kent v. United States (1966) b. In re Gault (1967) c. In re Winship (1970) d. McKeiver v. Pennsylvania (1971) e. Miller v. Alabama (2012) 18. In which year was the first juvenile court established in Illinois? a. 1801 b. 1864 c. 1899 d. 1911 e. 1920 19. In which case did the U.S. Supreme Court raise the burden of proof for acts of juvenile delinquency from

“preponderance of the evidence” to “beyond a reasonable doubt”? a. Kent v. United States (1966) b. In re Gault (1967) c. In re Winship (1970) d. Breed v. Jones (1975) e. McKeiver v. Pennsylvania (1971) 20. What is the standard of proof in juvenile court? a. preponderance of the evidence b. beyond a reasonable doubt c. clear and convincing evidence d. probable cause e. reasonable suspicion 21. In which case did the U.S. Supreme Court hold that double jeopardy prevented trying a juvenile in adult

court for an offense already adjudicated in a juvenile court? a. Kent v. United States (1966) b. In re Gault (1967) c. In re Winship (1970) d. Breed v. Jones (1975) e. McKeiver v. Pennsylvania (1971) 22. Which case was the first U.S. Supreme Court decision to extend due process rights to children in juvenile

courts? a. Kent v. United States (1966) b. In re Gault (1967) Powered by Cognero

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Chapter 15: The Juvenile Justice System c. In re Winship (1970) d. Breed v. Jones (1975) e. McKeiver v. Pennsylvania (1971) 23. Which of the following is a status offense? a. running away from home b. driving without a license c. homicide d. theft e. traffic accident 24. Which of the following was a right bestowed on juvenile defendants as a result of In re Gault? a. the right to counsel b. the right to written notice of the sentencing c. the right to a public hearing d. the right to confront and cross-examine victims e. the right to bail 25. In which case did the U.S. Supreme Court forbid the execution of offenders under the age of eighteen? a. Roper v. Simmons (2005) b. New Jersey v. T.L.O. (1985) c. Board of Education v. Earls (2002) d. Fare v. Michael C. (1979) e. Kent v. United States (1966) 26. A juvenile’s ability to theoretically understand the difference between “right” and “wrong” is part of

______. a. culpability b. ownership c. juvenile d. maturity e. age 27. In the eyes of many observers, the net effect of the Supreme Court decisions during the 1966–1975 period

was to move juvenile justice away from the ideals of the ______. a. child savers b. juvenile reformers c. parens patriae d. deterrence and retribution e. parent reformists Powered by Cognero

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Chapter 15: The Juvenile Justice System 28. What type of culpability of juveniles was one of the reasons given by the U.S. Supreme Court in its

landmark decision in Roper v. Simmons? a. diminished b. exaggerated c. limited d. truncated e. transferred 29. Which of the following is true regarding girls and offending? a. Girls are treated more leniently than boys for status offenses. b. The number of girls in the juvenile justice system is decreasing. c. Girls are treated more harshly than boys for delinquent offenses. d. Girls are less likely than boys to have problems within the home. e. Girls are four times more apt to fight with parents or siblings than boys.

30. Bullying can be broadly defined as repeated, aggressive behavior that contains several elements. Which of

the following is one of these elements? a. sexual abuse b. domestic abuse c. parental abuse d. cyber abuse e. animal abuse 31. Which if the following consists of overt acts by students with the goal of intimidating, harassing, or

humiliating other students? a. bullying b. gangsterism c. hazing d. mentoring e. violence 32. What occurs when a person uses computers, smartphones, or other electronic devices to inflict willful and

repeated emotional harm? a. cyberbullying b. Internet gangsterism c. online hazing d. computer mentoring e. hacking 33. Many researchers believe that the dominant factor in gang membership is ______. a. belonging to a lower class b. being a certain race Powered by Cognero

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Chapter 15: The Juvenile Justice System c. coming from a suburban area d. how aggressive a person is e. family history 34. Which of the following risk factors for juvenile delinquency is categorized as a community risk factor? a. single parent b. negative labeling by school teachers c. mental illness d. disciplinary problems e. availability of firearms 35. Which of the following is a major reason why juveniles join gangs? a. family gang members b. girlfriend or boyfriend is a member c. protection and support d. boredom of school e. parental abuse at home 36. In which case did the U.S. Supreme Court clarify law enforcement responsibilities with regard to Miranda

warnings and juveniles? a. Roper v. Simmons (2005) b. New Jersey v. T.L.O. (1985) c. Board of Education v. Earls (2002) d. Fare v. Michael C. (1979) e. In re Gault (1967) 37. Which of the following is the age at which youth begins delinquent behavior as a consistent predictor of

future criminal behavior? a. age of onset b. aging out c. aging in d. desistance e. teen years 38. Which of the following risk factors for juvenile delinquency is categorized as a school-risk factor? a. social disorganization b. used books and supplies c. learning disability d. extreme economic deprivation e. delinquent friends

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Chapter 15: The Juvenile Justice System 39. What is occurring when an officer takes a juvenile into custody for a status offense? a. punishing the juvenile b. arresting the juvenile c. acting in parens patriae d. acting in loco parentis e. giving the juvenile a warning 40. Law enforcement officers notify the juvenile court of a juvenile’s delinquent conduct through which

process? a. a petition b. a referral c. an indictment d. an affidavit e. a hearing 41. In justifying its decision to detain, the Court will usually address one of a variety of issues. Which of the

following is one of these issues? a. whether the child poses a danger to the community b. whether the child will have long lasting effects from jail c. whether the child committed the offense d. whether other in detention will be protected from the child e. whether the child can afford a lawyer 42. Which of the following is a pretrial diversion program? a. work release b. education c. drug court d. probation e. detention 43. Juveniles can be transferred to adult court by a ______. a. petition b. indictment c. transfer d. waiver e. warrant 44. The most common method of waiving a juvenile to adult court is through a(n) ______. a. legislative waiver b. automatic transfer c. judicial waiver Powered by Cognero

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Chapter 15: The Juvenile Justice System d. prosecutorial waiver e. warrant waiver 45. Once the decision has been made that the offender will face adjudication in a juvenile court, which

individual must decide what to do with them until the start of the trial? a. intake official b. judge c. prosecutor d. adjudication official e. police officer 46. Juvenile delinquents that do not require high levels of control can be placed in which type of program? a. foster care b. family group c. boot camp d. residential treatment e. drug court 47. Juveniles who leave correctional facilities are often placed in what type of program? a. in aftercare b. on parole c. in diversion programs d. on probation e. boot camp 48. Salazer, a young boy from El Salvador, was raised by grandparents who abused him. He lived in dire

poverty and ran with street gangs. When he returned to his parents and sister, he had violent tendencies and ultimately ended up murdering his sister out of jealousy. He was convicted of first-degree murder and, under Florida law, given an automatic sentence of life in prison without the possibility of parole. In 2012, the U.S. Supreme Court banned mandatory life sentences without parole for juvenile murderers. Following a new hearing, Judge Venzer reduced Salazer’s sentence to 40 years in prison.

In this particular state, the waiver responsibility is out of judicial hands and Salazar will be “kicked up” to adult court. Which of the following is the waiver this state uses? a. executive waiver b. automatic transfer c. judicial waiver d. prosecutorial waiver e. warrant waiver 49. Salazer, a young boy from El Salvador, was raised by grandparents who abused him. He lived in dire

poverty and ran with street gangs. When he returned to his parents and sister, he had violent tendencies and ultimately ended up murdering his sister out of jealousy. He was convicted of first-degree murder and, under Powered by Cognero

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Chapter 15: The Juvenile Justice System

Florida law, given an automatic sentence of life in prison without the possibility of parole. In 2012, the U.S. Supreme Court banned mandatory life sentences without parole for juvenile murderers. Following a new hearing, Judge Venzer reduced Salazer’s sentence to 40 years in prison.

In Miller v. Alabama, the U.S. Supreme Court ______. a. banned laws in 28 states that made life-without-parole sentences mandatory for juveniles convicted of murder b. banned laws that allow for life-without-parole sentences for juveniles c. required that all juvenile murderers be sentenced to life without parole d. required that all juvenile murderers be incarcerated until they are twenty-one years of age e. banned juveniles transfer to adult court 50. Salazer, a young boy from El Salvador, was raised by grandparents who abused him. He lived in dire

poverty and ran with street gangs. When he returned to his parents and sister, he had violent tendencies and ultimately ended up murdering his sister out of jealousy. He was convicted of first-degree murder and, under Florida law, given an automatic sentence of life in prison without the possibility of parole. In 2012, the U.S. Supreme Court banned mandatory life sentences without parole for juvenile murderers. Following a new hearing, Judge Venzer reduced Salazer’s sentence to 40 years in prison.

Since Salazar was to be tried as an adult, what could occur that allows for him to be sent back to juvenile court? a. a reverse transfer b. a judicial waiver c. an automatic transfer d. a legislative waiver e. a release waiver 51. Salazer, a young boy from El Salvado,r was raised by grandparents who abused him. He lived in dire

poverty and ran with street gangs. When he returned to his parents and sister, he had violent tendencies and ultimately ended up murdering his sister out of jealousy. He was convicted of first-degree murder and, under Florida law, given an automatic sentence of life in prison without the possibility of parole. In 2012, the U.S. Supreme Court banned mandatory life sentences without parole for juvenile murderers. Following a new hearing, Judge Venzer reduced Salazer’s sentence to 40 years in prison.

In determining delinquency status, which factor likely played the most important role in the prosecutor’s decision to try Salazar as an adult? Use only the information from the passage to answer the question. a. severity of the crime b. history of substance abuse c. gang involvement d. child neglect e. guardian abuse 52. Salazer, a young boy from El Salvador, was raised by grandparents who abused him. He lived in dire

poverty and ran with street gangs. When he returned to his parents and sister, he had violent tendencies and ultimately ended up murdering his sister out of jealousy. He was convicted of first-degree murder and, under Powered by Cognero

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Chapter 15: The Juvenile Justice System

Florida law, given an automatic sentence of life in prison without the possibility of parole. In 2012, the U.S. Supreme Court banned mandatory life sentences without parole for juvenile murderers. Following a new hearing, Judge Venzer reduced Salazer’s sentence to 40 years in prison.

The majority of transfer cases involve juveniles who have committed a ______. a. violent crime b. property crime c. sex crime d. status offense e. traffic violation 53. A study released in 2003 by the Research Network on Adolescent Development and Juvenile Justice found

that 33 percent of juvenile defendants in criminal courts had the same low level of understanding of legal matters as mentally ill adults who had been found incompetent to stand trial. Legal psychologist Richard E. Redding believes that “adolescents’ lack of life experience may limit their real-world decision-making ability.

Whether we call it wisdom, judgment, or common sense, adolescents may not have nearly enough.”

Juveniles are generally more impulsive, more likely to engage in risky behavior, and less likely to calculate the long-term consequences of any particular action. Furthermore, adolescents are far more likely to respond to peer pressure than are adults, meaning that they often engage in the same criminal or delinquent behavior as their friends.

What was the main reason given by the U.S. Supreme Court in its landmark decision in Roper v. Simmons (2005)? a. juvenile delinquency b. preponderance of the evidence c. diminished culpability d. status offending e. mental illness 54. A study released in 2003 by the Research Network on Adolescent Development and Juvenile Justice found

that 33 percent of juvenile defendants in criminal courts had the same low level of understanding of legal matters as mentally ill adults who had been found incompetent to stand trial. Legal psychologist Richard E. Redding believes that “adolescents’ lack of life experience may limit their real-world decision-making ability.

Whether we call it wisdom, judgment, or common sense, adolescents may not have nearly enough.”

Juveniles are generally more impulsive, more likely to engage in risky behavior, and less likely to calculate the long-term consequences of any particular action. Furthermore, adolescents are far more likely to respond to peer pressure than are adults, meaning that they often engage in the same criminal or delinquent behavior as their friends.

Which of the following is the risk associated with a tendency towards aggressive behavior? a. individual risk factor b. family risk factor c. school risk factor Powered by Cognero

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Chapter 15: The Juvenile Justice System d. peer risk factor e. community risk factor 55. A study released in 2003 by the Research Network on Adolescent Development and Juvenile Justice found

that 33 percent of juvenile defendants in criminal courts had the same low level of understanding of legal matters as mentally ill adults who had been found incompetent to stand trial. Legal psychologist Richard E. Redding believes that “adolescents’ lack of life experience may limit their real-world decision-making ability.

Whether we call it wisdom, judgment, or common sense, adolescents may not have nearly enough.” Like mentally ill adults, they suffer a lack of social and economic opportunities.

Juveniles are generally more impulsive, more likely to engage in risky behavior, and less likely to calculate the long-term consequences of any particular action. Furthermore, adolescents are far more likely to respond to peer pressure than are adults, meaning that they often engage in the same criminal or delinquent behavior as their friends.

Which of the following is the risk associated with a lack of social and economic opportunities? a. individual risk factor b. family risk factor c. school risk factor d. peer risk factor e. community risk factor 56. A study released in 2003 by the Research Network on Adolescent Development and Juvenile Justice found

that 33 percent of juvenile defendants in criminal courts had the same low level of understanding of legal matters as mentally ill adults who had been found incompetent to stand trial. Legal psychologist Richard E. Redding believes that “adolescents’ lack of life experience may limit their real-world decision-making ability.

Whether we call it wisdom, judgment, or common sense, adolescents may not have nearly enough.”

Juveniles are generally more impulsive, more likely to engage in risky behavior, and less likely to calculate the long-term consequences of any particular action. Furthermore, adolescents are far more likely to respond to peer pressure than are adults, meaning that they often engage in the same criminal or delinquent behavior as their friends.

Which of the following is the risk associated with delinquent friends? a. individual risk factor b. family risk factor c. school risk factor d. peer risk factor e. community risk factor 57. The first court specifically for juveniles was established in which state in 1899? a. Illinois b. New York c. California Powered by Cognero

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Chapter 15: The Juvenile Justice System d. Arizona e. Florida 58. The doctrine that the state has not only a right but also a duty to care for neglected or otherwise

disadvantaged children is known as the ______ a. child saver doctrine. b. juvenile reformer doctrine. c. parens patriae doctrine. d. juvenile helper doctrine. e. parental reform doctrine.

59. Which offense is an act that, if committed by a juvenile, is considered illegal and is grounds for possible

state custody? a. violent crime b. property crime c. sex crime d. status offense e. traffic violation 60. In the early 1800s, who first began to introduce the idea of rehabilitating delinquents, rather than treating

juveniles the same as adult offenders? a. the child savers b. the juvenile reformers c. the parens patriae d. the juvenile officers e. the parent reformists 61. Which term refers to conduct that is committed by a person who is under a certain age? a. violent offender b. teen delinquency c. delinquent d. status offender e. juvenile delinquency 62. Rather than being called “defendants,” what are children in juvenile courts called? a. offenders b. respondents c. juveniles d. criminals e. violators 63. Who decides innocence or guilt in juvenile courts?

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Chapter 15: The Juvenile Justice System a. a judge b. a prosecutor c. a bailiff d. a hearing e. a jury 64. Why are juvenile proceedings closed to the public? a. because victims are not present b. to ensure integrity of the process c. to ensure confidentiality d. because no juries are present e. to ensure private media access 65. Which type of abuse is a type of bullying that includes teasing, name-calling, intimidation, or homophobic

or racist remarks? a. child abuse b. domestic abuse c. mental abuse d. verbal abuse e. sexual abuse 66. Mental illness is an example of which risk factor for juvenile delinquency? a. individual risk b. family risk c. school risk d. peer risk e. community risk 67. Which type of abuse is the single strongest correlating factor with juvenile delinquency? a. child b. substance c. mental d. sexual e. domestic 68. A self-formed group of youths with several identifiable characteristics, including identifying symbols, a

geographic territory, and participation in illegal activities, are known as what? a. a youth gang b. a youth tribe c. a youth group d. a youth cluster Powered by Cognero

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Chapter 15: The Juvenile Justice System e. a youth family 69. According to most studies, which type of child abuse roughly doubles the probability that an individual

engages in many types of crime? a. violence b. abuse c. bullying d. neglect e. maltreatment 70. What type of child abuse occurs when the child is denied certain necessities such as shelter, food, care, and

love? a. child violence b. mental abuse c. cyberbullying d. child neglect e. guardian abuse 71. Which of the following is a term used to explain the fact that criminal activity declines with age? a. onset aging b. aging out c. aging in d. desistance e. aging up 72. What is physical or emotional harm intentionally inflicted on a child? a. bullying b. child abuse c. sexual assault d. mentoring e. hazing 73. What is another term for aging out? a. onset aging b. aging older c. aging in d. desistance e. aging up 74. What term refers to when a police officer acts in place of the parent? a. acting in loco patriae Powered by Cognero

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Chapter 15: The Juvenile Justice System b. acting in parens c. acting in parens patriae d. acting in loco parentis e. acting in parens loco 75. Which transfer laws give judges discretion to send juveniles who were transferred to adult court back to

juvenile court? a. legislative waiver b. automatic transfer c. judicial waiver d. prosecutorial waiver e. reverse waiver 76. Which transfer mandates that a juvenile is transferred, as a matter of state law, to adult jurisdiction? a. executive waiver b. automatic transfer c. judicial waiver d. prosecutorial waiver e. warrant waiver 77. What term refers to the process of removing low-risk offenders from the formal juvenile justice system and

placing them in other programs? a. aftercare b. parole c. diversion d. disposition e. boot camp 78. A youth is held in which facility until the disposition process begins? a. boot camp b. home c. jail d. prison e. detention 79. The process in which a juvenile judge or officer decides on appropriate punishment is referred to as what

type of hearing? a. disposition b. sentencing c. transfer d. adjudicatory Powered by Cognero

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Chapter 15: The Juvenile Justice System e. detention 80. Which of the following is the juvenile variation of shock probation? a. aftercare b. parole c. diversion program d. probation e. boot camp 81. Which type of sanctions essentially means that the severity of the punishment should fit the crime? a. eye-for-an-eye b. unstructured c. graduated d. strict e. structured 82. Where are juvenile delinquents often placed after they are released from a secure juvenile correctional

facility? a. in aftercare b. on parole c. in diversion programs d. on probation e. boot camp 83. At what type of hearing does a judge decide whether the juvenile is to be considered delinquent? a. disposition b. sentencing c. transfer d. adjudicatory e. detention 84. A correctional institution for juveniles found to be delinquent or status offenders is referred to as what? a. drug court b. penitentiary c. home school d. boot camp e. training school

85. Describe the child-saving movement and its relationship to the doctrine of parens patriae.

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Chapter 15: The Juvenile Justice System 86. Discuss the four major differences between juvenile courts and adult courts.

87. Identify and briefly describe the single most important U.S. Supreme Court case with respect to juvenile

justice.

88. Describe the reasoning behind recent U.S. Supreme Court decisions that have lessened the harshness of

sentencing outcomes for violent juvenile offenders.

89. Define bullying, and list the four components that are often present in this sort of behavior.

90. Describe the main variables that always correlate highly with juvenile crime rates.

91. Explain why youth join gangs.

92. List the factors that normally determine how police officers handle juvenile offenders.

93. Describe the four primary components of the pretrial juvenile justice procedure.

94. Explain the distinction between an adjudicatory hearing and a disposition hearing.

95. List and discuss the four categories of residential treatment programs.

96. You have just wandered into a court with which you have no familiarity. Although you see no children or

even teenagers, you quickly realize that the court you have wandered into is a juvenile court. What might have led to your realization?

97. As you sit in court, listening to both your defense attorney and the prosecutor speaking before the judge

about the crimes you committed, you keep hearing the term “status offender” being thrown around. You lean into your defense attorney and ask her, “Why do people keep referring to me as a ‘status offender’?” What, most likely, does your defense attorney say to you?

98. You are a judge overseeing a trial of a seventeen-year-old charged with murder. Before the trial begins, you

have the power to decide whether or not this teenager should be tried as an adult or as a juvenile. Take a stand on either side of this debate and briefly explain your rationale.

99. You are a teenager who has been recently considering joining a gang. Much of what gangs offer is of

interest to you, and you truly feel as though a gang might have a positive impact on your life. Describe some of the attractive qualities of gangs in your eyes as well as the eyes of the hundreds of thousands of teenagers who join them.

100. You have been a victim of what you believe to be repeated bullying at school. Describe an event or events

that may have occurred to let you know that it was bullying you have been experiencing and list ways in which this can be stopped.

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Chapter 15: The Juvenile Justice System Answer Key 1. True 2. False 3. True 4. True 5. True 6. True 7. True 8. False 9. True 10. True 11. False 12. True 13. a 14. c 15. b 16. d 17. d 18. c 19. c 20. b 21. d 22. a 23. a 24. a 25. a Powered by Cognero

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Chapter 15: The Juvenile Justice System 26. a 27. a 28. a 29. e 30. d 31. a 32. a 33. a 34. e 35. c 36. d 37. a 38. c 39. d 40. b 41. a 42. d 43. d 44. c 45. a 46. c 47. a 48. b 49. a 50. a 51. a Powered by Cognero

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Chapter 15: The Juvenile Justice System 52. a 53. c 54. a 55. e 56. d 57. a 58. c 59. d 60. a 61. e 62. b 63. a 64. c 65. d 66. a 67. b 68. a 69. e 70. d 71. b 72. b 73. d 74. d 75. e 76. b Powered by Cognero

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Chapter 15: The Juvenile Justice System 77. c 78. e 79. a 80. e 81. c 82. a 83. d 84. e 85. Answers will vary.

86. Answers will vary.

87. Answers will vary.

88. Answers will vary.

89. Answers will vary.

90. Answers will vary.

91. Answers will vary.

92. Answers will vary.

93. Answers will vary.

94. Answers will vary.

95. Answers will vary.

96. Answers will vary.

97. Answers will vary.

98. Answers will vary.

99. Answers will vary.

100. Answers will vary.

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