CJ 2011 James A Fagin Test Bank & Instructor Manuals

Online Instructor’s Manual w/Test Bank for

CJ2011 James A. Fagin Lincoln College

Instructor’s Manual and Test Bank Prepared by Charles A. Brawner III, Ph. D

Table of Contents Introduction………………………………………………………………………………… iv Sample Syllabus……………………………………………………………………………. vii Chapter 1: Criminal Justice………………………………………………………………… 1 Chapter 2: Crime: Why and How Much…………………………………………………… 6 Chapter 3: Criminal Law: Control versus Liberty…………………………………………. 13 Chapter 4: Roles and Functions of the Police……………………………………………… 19 Chapter 5: Police Officers and the Law……………………………………………………. 24 Chapter 6: The Court System………………………………………………………………. 30 Chapter 7: Courtroom Participants and the Trial…………………………………………... 35 Chapter 8: Sentencing……………………………………………………………………… 41 Chapter 9: Jails and Prisons………………………………………………………………... 46 Chapter 10: Probation and Parole………………………………………………………….. 52 Chapter 11: Corrections in the Community………………………………………………... 56 Chapter 12: The Juvenile Justice System…………………………………………………...61 Chapter 13: Homeland Security……………………………………………………………. 67 Test Bank…………………………………………………………………………………... 73

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Introduction Criminal Justice 2011 by James A. Fagin provides both instructor and student with a comprehensive overview of today’s criminal justice system, as well as tackling controversial issues it faces. Fagin’s new text is unequivocally on top of current societal issues confronting the criminal justice system. For example, he has added a new chapter devoted to Homeland Security concerns facing law enforcement agencies today, from terrorism to border security. Fagin clearly examines the contemporary political environment that challenges our civil liberties, in the face of providing greater national security. This text provides a solid foundation for understanding the criminal justice system with a clear and concise presentation. Moreover, students will benefit from the reinforcement of learning objectives through the use of key terms, illustrations, compelling data, and most importantly the affordability of such a comprehensive product.

The Instructor’s Manual that accompanies the text focuses to aid the instructor as a resource in both teaching student learning. Each chapter in the Instructor’s Manual is an accompaniment to each chapter of the textbook. The Instructor’s Manual is a useful instrument for preparing assignment, engaging students in classroom discussion, and providing resources for further information for written assignments and quizzes. Each of the chapters in the Instructor’s Manual has been arranged with the following:

1. Chapter Outline 2. Learning Objectives 3. Key Terms 4. Chapter Summary 5. Suggested Classroom Activities 6. Media to Explore

Chapter Outline The chapter outline delineates the major section headings within each chapter of the text.

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Learning Objectives This section provides a list of the learning objectives for each chapter. The objectives listed here are the same as the core concepts established in the text book.

Key Terms A vocabulary review is provided here for key terms, including their definition and accompanying page number.

Chapter Summary A brief narrative of each chapter’s main points is reviewed in this segment.

Suggested Classroom Activities Here you will find suggested activities to assign as homework, extra credit, or a research assignment. These topics are designed to engage the student and promote comprehensive learning.

Media to Explore At the end of each chapter there are suggested Web Links to visit that transmit information to expound upon subject matter already discussed in each chapter.

Immediately following the Instructor’s Manual is a series of test questions pertaining to each individual chapter. The test item bank contains multiple choice, true-or-false, and fill-in- theblank questions for each chapter. Additionally, this manual includes a sample syllabus for a traditional 16 week course. Should an instructor be teaching in a five or six week course in an accelerated semester format, the framework of the sample syllabus is easily designed for such adaptation. I hope that this Instructor’s Manual will provide both you and your students with numerous options to create a stimulating learning environment. More importantly, this manual

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should not only serve your instructional needs, but also facilitate your students’ intellectual pursuit of criminal justice studies.

Charles A. Brawner III, Ph.D. Heartland Community College

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Sample Syllabus This section contains a sample syllabus that can be paired with the text CJ 2011.

Characteristically, an all-inclusive course syllabus should contain the course information (prefix, section number, room location, and meeting times), instructor contact information, learning outcomes, course or lab outlines, the method of evaluation for grading, course policies, and a tentative course calendar of assignment and exam dates.

Sample Syllabus for 16 week traditional course Course Information Course title: Introduction to Criminal Justice Course number: CJ101 Section number: 01 Days and times course meets: Tuesday/Thursday 9:30-10:45 p.m.

Room location: Room 420

Introduction Introduction to Criminal Justice focuses on the various processing stages, practices, and personnel in the criminal justice system. This course examines the problem of crime in American society. Both historical and contemporary components of the system, including the police, the courts, and correctional agencies are explored. This course is designed to provide the student with a broad-based understanding of both the effects of crime upon communities, as well the criminal justice system response to crime in our contemporary society.

Instructor Information Instructor’s name: Dr. Carl Brawner Location of instructor’s office: Klehm Hall, Room 1007 Hours and days of instructor’s office hours: Tuesday, Thursday, 1:00-3:00 P.M. Phone number: (309) 333-1342 E-mail: cbrawner@EIU.edu

Required Textbook Fagin, J. A. (2012). CJ 2011. Upper Saddle River, NJ: Pearson Education, Inc.

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Learning Outcomes Upon completion of this course, students will: 1. Be familiar with the laws, procedures, and policies involved in processing an offender through the criminal justice system.

2. Understand the roles and responsibilities of various officials involved in processing offenders.

3. Understand the police role, the judicial system function, and the correctional techniques used in dealing with offenders.

4. Be familiar with the history of the public’s attitudes toward the offender and the resulting changes in laws, system policies, and legal practices.

Course Outline Chapter 1 2 3 4 5 6 7 8 9 10 11 12 13

Topic Criminal Justice Crime: Why and How Much Criminal Law: Control versus Liberty Roles and Functions of the Police Police Officers and the Law The Court System Courtroom Participants and the Trial Sentencing Jails and Prisons Probation and Parole Corrections in the Community The Juvenile Justice System Homeland Security

Method of Evaluation Exam one Exam two Exam three Final Exam Classroom Activities

100 points 100 points 100 points 100 points 50 points _________ 450 POSSIBLE POINTS

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Your aggregate points for the course will equal the following letter grade: 405 to 450 points = 90% - 100% A 360 to 404 points = 80% - 89% B 315 to 359 points = 70% - 79% C 270 to 314 points = 60% - 69% D 0 to 269 points = 0% - 59% F

Course Policies Reminder: Course policies and expectations will differ with each instructor and institution.

Because the syllabus is a contractual document, a written statement regarding attendance, academic integrity, make-up exams, plagiarism, and classroom conduct should be considered as additional syllabus features to avoid any uncertainties that might arise during a semester.

Course Calendar Reminder: Since this is a tentative schedule that might need to accommodate additional topics, guest speakers, field trips, weather, or unforeseen scheduling conflicts, the instructor should note here a right of reservation to change dates or assignments as necessary.

Date Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9 Week 10 Week 11 Week 12 Week 13 Week 14 Week 15 Week 16

Assignment Criminal Justice (Chapter 1) Crime: Why and How Much (Chapter 2) Criminal Law: Control versus Liberty (Chapter 3) Exam number 1 Roles and Functions of the Police (Chapter 4) Police Officers and the Law (Chapter 5) The Court System (Chapter 6) Exam number 2 Courtroom Participants and the Trial (Chapter7) Sentencing (Chapter 8) Exam number 3 Jails and Prisons (Chapter 9) Probation and Parole (Chapter10) -andCorrections in the Community (Chapter 11) The Juvenile Justice System (Chapter12) Homeland Security (Chapter 13) Final Exam

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Chapter 1 Criminal Justice Chapter Outline I. Contemporary Events That Have Shaped the Modern CJS •

Rioting and the Fear of Crime

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Civil Rights and War Protests

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The War on Crime

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Omnibus Crime Control and Safe Streets Act of 1968

II. Law and Order Versus Individual Rights •

The Balance between Individual Rights and the Power of Government

III. Defining the Criminal Justice System •

Agencies and People

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Process and Flow

IV. Criminal Justice Models •

Crime Control versus Due Process

V. The Criminal Justice Process •

Deciding What Is a Crime

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Detecting a Crime and Arresting a Suspect

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Determining Guilt

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Deciding on the Punishment

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Carrying out the Sentence

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Learning Objectives After completion of this chapter, students should be able to: 1. Describe historical events that shaped the criminal justice system.

2. Explain the need to balance individual rights and maintain public order.

3. Define the agencies that comprise the criminal justice system.

4. Discern differences between crime control and due process models.

5. Know the steps of the criminal justice system.

Key Terms Arraignment (p. 12) a short hearing before the judge in which the charges against the defendant are announced Arrest (p. 10) restricting the freedom of persons by taking them into police custody Bail (p. 11) release of the defendant from custody on the promise, often secured with a monetary bond, that the defendant will return to court at the necessary time to address the charges Bench trial (p. 12) judicial process to determine the guilt or innocence of a defendant in which the determination is made by a judge, not the jury Bill of Rights (p. 7) delineates certain guaranteed freedoms of citizens, such as trial by jury and freedom of speech Booking (p. 10) police activity that establishes the identity of an arrested person and formerly charges that person with a crime Civil Rights Act of 1964 (p. 4) declared that it is illegal for businesses, hotels, restaurants, and public transportation to deny citizens service based on their race Crime control model (p. 9) model of the criminal justice system in which emphasis is placed on fighting crime and protecting potential victims Criminal justice system (p.6) the enforcement, by the police, the courts, and correctional institutions, of obedience to laws Due process (p. 9) rules and procedures for protecting individuals accused of crime from arbitrary and excessive abuse of power by the government 2

Grand jury (p. 11) panel of citizens similar to a trial jury that decides whether there is probable cause to indict a defendant on the charges alleged Formal sanctions (p. 6) social norms enforced through the laws of the criminal justice system Indictment (p. 11) the formal verdict of the grand jury that there is sufficient evidence to bring a person to trial Informal sanctions (p. 6) social norms that are enforced through the social forces of the family, school, government, and religion Jury trial (p. 12) the jury determines the guilt of the defendant Order maintenance (p. 7) A system of maintaining the day-to-day life of ordinary citizens, a primary goal of the criminal justice system Picket Fence Model (p. 7) model of the criminal justice system, with the local, state, and federal criminal justice systems depicted as three horizontal levels connected vertically by the roles, functions, and activities of the agencies that comprise them Preliminary hearing (p. 11) hearing before a magistrate judge in which the prosecution presents evidence to convince the judge that there is probable cause to bring the defendant to trial Presumption of innocence (p. 9) The most important principle of the due process model, requiring that all accused persons are treated as innocent until proven guilty in a court of law Probation (p. 13) a disposition in which a convicted defendant is offered an opportunity to avoid serving any time in prison by agreeing to fulfill conditions set forth by the court Parole (p. 13) early release from prison before the maximum sentence is served, based on evidence of rehabilitation and the good behavior of the inmate Sentence (p. 12) disposition of a case by determining the punishment for a defendant convicted of a crime Social norms (p. 6) the expected normative behavior in a society System of social control (p. 6) a social system designed to maintain order and regulate interactions The Law Enforcement Educational Program (LEEP) (p. 5) created the goal of which is to promote education among criminal justice personnel The National Commission on Criminal Justice Standards and Goals (p. 5) formulated specific standards and goals for police, courts, corrections, and crime prevention

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The Omnibus Crime Control and Safe Streets Act of 1968 (p. 5) created the Law Enforcement Assistance Administration (LEAA) to act as a conduit for the transfer of federal funds to state and local law enforcement agencies The President’s Commission on Law Enforcement and Administration of Justice (p. 4) concluded that most people had lost confidence in the ability of the police to maintain law and order War on Crime (p. 4) declared by President Lyndon Johnson to counter crime and social disorder War on Terrorism (p. 5) is declared by President George W. Bush in response to the attacks of September 11, 2001

Chapter Summary The main agencies of the criminal justice system include: the police, the courts, probation and parole agencies and corrections agencies. The actions of government agencies in the criminal justice system are challenged to balance individual due process rights, with the need to provide effective crime control for the larger part of society. The decentralization of the criminal justice system, as displayed in the picket fence model is designed to provide separate but linked services at various government levels. The theme of this chapter is the challenge for the criminal justice system to balance its efforts in crime control, while acknowledging due process rights. The central premise of the due process model is the presumption of innocence. Due process protects the rights of a defendant while being processed through the system. The major processes in the criminal justice system are: 1) Deciding What Is a Crime, 2) Detecting a Crime and Arresting a Suspect, 3) Determining Guilt, 4) Deciding on the Punishment, and 5) Carrying out the Sentence.

The police are responsible for investigation, arrest, and booking. A magistrate judge reviews the charges to determine if they are legitimate, advises the person of their legal rights, and determines bail. A case moves from the police to the prosecutor after a preliminary hearing, in which probable cause is established for believing that the defendant has committed a crime. At the arraignment, the defendant pleads not guilty, guilty, or no contest to the charges. Guilt or innocence is determined by the judge in a bench trial or by the jury in a jury trial. If convicted, the judge determines the appropriate sentence for a convicted defendant, based upon a presentence investigation report. If the verdict finds the defendant guilty an appeal of the verdict by the defense is possible. The convicted defendant may become an inmate in a correctional facility, but most likely given probation. Probation requires fulfilling certain conditions imposed by the court to avoid incarceration. Parole allows someone sentenced to prison to obtain an early release from a correctional facility.

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Suggested Classroom Activities 1. Have students list at least three television shows that you have seen that depict either the police, courts, or correctional components of the criminal justice system. Have them prepare a short paper on whether or not these images are fair representations of the criminal justice system.

2. Invite a practitioner from your local criminal justice community to explain their duties and responsibilities within the criminal justice agency by which they are employed.

3. Locate the crime statistics for your university or college and share them with class.

4. Have students discuss their perceptions of how national security has changed during their life course.

5. Take a poll of your students asking them if they actually fear flying in a commercial airline given recent events.

Media to Explore To visit the Website of the National Civil Rights Museum located in Memphis, TN, link to www.civilrightsmuseum.org See www.archives.gov/national-archives-experience/charters/charters.html to visit the Website of the National Archives. You can view and download high-resolution images of the Declaration of Independence, the Constitution, and the Bill of Rights.

See http://plato.stanford.edu/entries/locke/ for more information on John Locke and Two Treatises of Government.

See http://www.fema.gov/hazard/terrorism/index.shtm for information on terrorism from FEMA. Go to www.aclu.org (the American Civil Liberties Union Website) to view numerous articles about the watchdog efforts of the American Civil Liberties Union in its fight to preserve and protect constitutional rights.

For more information concerning accident investigation fees, visit: www. accidentresponsefees.com www.municipalfeefacts.com www.costrecoverycorp.com

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Chapter 2 Crime: Why and How Much Chapter Outline I. Role of Theories in Criminology •

The Path from Early to Modern Theories of Crime Causation

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Beccaria and Classical Theory

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Bentham and Neoclassical Theory

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Belief in Free Will and Individual Choice

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The Positive School

II. Biological Explanations •

Lombroso and Criminality

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Influence of Biological Determinism

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Modern Biological Explanations

III. Psychological Explanations •

Freud and Psychoanalysis

IV. Sociological Explanations •

Social Determinism

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Social Disorganization as the Cause of Crime

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Strain Theory

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Cultural Deviance Theories

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Conflict Theories

V. The Other Side of Crime: Victimology 6

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The Demographics of Criminal Victimization

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Situational Characteristics of Victimization

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Theoretical Explanations for Victimization

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The Victims’ Rights Movement

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“Victimless” Crimes? Can there be a crime without a victim?

VI. Counting Crime •

The Uniform Crime Report

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The National Incident-Based Reporting System

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Other Sources of Crime Data

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Differential Association Theory

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Social Control Theories

Learning Objectives After completion of this chapter, students should be able to: 1. Describe a variety of theoretical explanations used to explain criminal behavior.

2. Understand the importance of the Victims’ Rights Movement.

3. Explain the history and usage of the Uniform Crime Report.

4. Discuss what is meant by ‘clearance rate’.

5. Explain the importance of the National Incident-Based Reporting System.

Key Terms Atavistic stigmata (p.21) physical characteristics, representing earlier or pre-human stages of evolution that were believed to distinguish criminals from others Biocriminology (p.22) the study of the role of genetics and neurophysiologic variables as they relate to criminal behavior 7

Bureau of Justice Statistics (p. 32) a federal agency that gathers and disseminates data about almost all aspects of the criminal justice system Civil remedies (p. 32) processes in civil courts that enable victims to recover from the psychological, financial, emotional, and physical damages of crime Classical school theories (p.19) the school of thought that individuals have free will to choose whether or not to commit crimes and that criminals should have rights in the criminal justice system Clearance rate (p. 34) percentage of reported crimes determined to be solved Conflict theories (p. 28) theories based on the idea that the most politically and socially powerful individuals and organizations use the legal system to exploit less-powerful individuals and to retain their power and privileges Crime Clock (p. 33) data presentation strategy used by the FBI to report crime rates in terms of how often a crime occurs Crime prevention through environmental design (CPTED) (p. 23) government-sponsored programs that are based on the theory that crime can be prevented through environmental design, especially housing design Crime Victims’ Rights Act (p. 31) enacted in 2004, a law that guarantees crime victims a number of rights, including the right to be involved in various stages of the criminal justice system and the rights to protection and restitution Criminology theories (p. 18) attempts to generalize principles that can explain factors which influence offending, victimization, and rehabilitation Cultural deviance theories (p. 25) theories based on the idea that the values of deviant subculture groups within society, such as organized-crime families, juvenile gangs, and hate groups, have great power over individuals’ behavior Differential association (p. 30) the concept that those who associate with people engaged in criminal activities are at risk of being victimized Differential association theory (p. 23) the concept that criminal and delinquent behaviors are learned entirely through group interactions, with peers reinforcing and rewarding these behaviors Differential opportunities (p. 30) the chances of individuals being victimized based on the structure of their everyday lives Feminist criminology (p. 28) the proposal that female criminal behavior is caused by the political, economic, and social inequality of men and women

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Hierarchy rule (p. 34) an old police method of counting only the most serious crime in a single incident involving multiple crimes National Crime Victim Survey (NCVS) (p. 35) a survey that gathers detailed information about crimes from victims using a representative sample of U.S. households National Incident-Based Reporting System (NIBRS) (p. 35) a database that includes specific data about reported crimes, including the place of occurrence, weapon used, type and value of property damaged or stolen, and personal characteristics of any relationship between the offender and the victim National Organization for Victim Assistance (NOVA) (p. 31) an organization that helped to pass the 1984 Victims of Crime Act and the 1982 Victim and Witness Protection Act, both of which provide counseling, information, and assistance to crime victims Neoclassical school theories (p. 19) a school of thought that is similar to classical school theories, except for the beliefs that there are mitigating circumstances for criminal acts, such as the age or mental capacity of the offender, and that punishment should fit the crime Neutralization theory (p. 24) he concept that most people commit some type of criminal act in their lives and that many people are prevented from doing so again because of a sense of guilt, while criminals neutralize feelings of guilt through rationalization, denial, or an appeal to higher loyalties Positive school (p. 20) modern theories of crime, primarily based on sociology and psychology, that people commit crimes because of uncontrollable internal or external factors, which can be observed and measured Predatory crime (p. 30) crime involving direct physical contact between the offender and his or her target, which may be a person or an object, that the offender intends to damage or take Psychoanalytic theory (p. 22) the concept that behavior is not a matter of free will but is controlled by subconscious desires, which includes the idea that criminal behavior is a result of unresolved internal conflict and guilt Reaction formation (p. 25) a term that Cohen used to describe the rejection of middle-class values by lower-class youths, who believe that they cannot attain these values and therefore create unique countercultures Social control theory (p. 24) the focus on the social and cultural values that exert control over and reinforce the behavior of individuals Social determinism (p. 22) the idea that social forces and social groups are the cause of criminal behavior

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Social disorganization theory (p. 23) the idea proposed and researched by Park and his colleagues that supports the notion that criminal behavior is dependent on disruptive social forces, not on individual characteristics Strain theory (p. 25) the assumption that individuals resort to crime out of frustration from being unable to attain economic comfort or success Target hardening (p. 30) crime-prevention measures such as Neighborhood Watch groups, antitheft devices, and increased street lighting Theory of personal victimization (p. 30) the theory that a person’s lifestyle contributes to the predictability of high risk situations Uniform Crime Report (UCR) (p. 33) a database of information about reported crimes collected by the FBI over time Victim contribution (p. 29) the idea that victims’ actions or lack of action creates the likelihood of their being victimized Victim proneness (p. 29) the idea that certain victims are likely to be targeted as victims because of some individual or group quality that they have Victim provocation (p. 29) the idea that a victim is the main cause of his or her victimization Victim-precipitation theories (p. 29) theories based on the concept that victims in some way contribute to or provoke crimes committed against them Victimology (p. 28) the study of victims and the patterns of how they are victimized Victims’ rights movement (p. 31) a movement that emerged from public concern about civil rights, women’s rights, gay rights, students’ rights, inmates’ rights, and from government initiatives for increased victim awareness and financial compensation XYY chromosome theory (p. 22) biological theory of crime causation that an extra Y chromosome may lead to criminal behavior in males.

Zone theory (p 23) environmental theory of crime causation based on the belief that structural elements of society such as poverty, illiteracy, lack of schooling, unemployment, and illegitimacy are powerful forces that influence human interaction

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Chapter Summary The earliest theories that attempted to explain crime saw the cause as weakness and evil spirits within the person. Many times these theories were based on religious or moral beliefs, rather than empirical research. There are various modern day perspectives concerning crime causation such as: the classical perspective, the biological perspective, the psychological perspective, and the sociological perspective. The classical and neoclassical theories of crime, founded by Cesare Beccaria and Jeremy Bentham assume that crime is a rational free-will choice based on the pleasure–pain principle. The earliest biological theories of crime developed by Cesare Lombroso assumed that criminals were those individuals who failed to fully develop from their primitive origins and could be identified through physical features. The modern era biology based theories have been more likely based on biocriminology. The psychology based theories, such as Sigmund Freud’s, assume that criminal behavior is the expression of repressed feelings, personality maladjustment, or mental illness.

Sociological theories assume that crime is caused not by body, mind, or individual motivation, but by external societal factors that influence one’s behavior. In this perspective social groups and institutions create conditions that can underlie criminal behavior. The social disorganization theories view the cause of crime as resulting from an environment filled with poverty, unemployment, and inadequate housing. An early yet popular theory developed by Edwin Sutherland was known as differential association theory. This theory holds that crime is a learned behavior through contact with bad peer groups. The social control theories see decisions between conformity and deviance as shaped by an individual’s response to social expectations of those close to them. Robert Merton’s strain theory identified strain between societal goals and the means of achieving them as a source of criminal behavior. Individuals who cannot achieve the goals legitimately might turn to illegitimate means. Whereas strain theory is based on the core values of a society, cultural deviance theories view the influence of subculture groups, such as gangs influencing one’s decision to commit crime. Albert Cohen’s theory of deviant subcultures identified reaction formation as a cause of delinquency and criminal behavior in youth gangs. Conflict theories are based on the assumption that social inequality is the cause of crime through the disparity of power in society. Some conflict theorists believe that a wealthy class of people with power uses the criminal justice system to oppress the poor and maintain their own positions. Also, feminist theories focus on the role of gender inequality in criminal behavior.

Another side for understanding crime is through Victimology. Here the study of victims and their patterns of victimization are examined. The perspective here is that victimization is going to occur more often among high density high-social groups. Gathering crime data is yet another important part of the criminal justice system. The two most commonly used methods to compile crime data are the Uniform Crime Report (UCR) and the National Crime Victimization Survey (NCVS).

Suggested Classroom Activities 1. Ask students to write down behaviors they view as ‘deviant’ among their cohort group. Ask them if they believe these deviant behaviors could lead to criminal behavior.

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2. Take a poll of the class and ask how many students have been the victim of a simple theft or larceny and did not report the event. Then comment on how that demonstrates the underreporting of crime in our society.

3. Using the Internet, search for the crime statistics for your city or a nearby lager one. Ask students if they thought certain crime category statistic would be higher or lower?

4. Ask students to describe situations where it is difficult to uncover a white collar crime.

5. Have your students develop a list of behaviors that were once criminal, but are no longer illegal today.

Media to Explore Cesare Beccaria’s Of Crimes and Punishments can be found online at http://www.constitution.org/cb/crim_pun.htm One of the most interesting proposals of Jeremy Bentham was the Panopticon, a unique “allseeing” prison that provided round-the-clock observations of prisoners but prisoners could not see their observers. To obtain more information on Bentham’s Panopticon, see http://cartome.org/panopticon1.htm One of the modern treatments of Richard Dugdale’s theory of inherited criminality is the play and movie The Bad Seed (1956), about a 12-year-old murderess and the assumption that her evil was the result of genetic destiny. For more information, see truTv’s discussion at http://www.trutv.com/library/crime/criminal_mind/psychology/crime_motivation/5.html For extensive information about Sigmund Freud and to view his writings, see the Sigmund Freud Archives at http://www.freudarchives.org/ In 1978, mass murderer Ted Bundy was featured in Time’s Crimes of the Century. See http://www.time.com/time/2007/crimes/14.html for Time’s coverage of Ted Bundy.

See http://www.fbi.gov/ucr/ucr.htm to view the Federal Bureau of Investigation’s Uniform Crime Reports.

See http://www.ojp.usdoj.gov/bjs/cvict.htm to view the Bureau of Justice Statistics Report on Crime and Victims Statistics.

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Chapter 3 Criminal Law: Control vs. Liberty Chapter Outline I. The Rule of Law II. The Making of Law • Federal Criminal Laws • State Criminal Laws • Local Criminal Laws III. The Limits of the Law IV. Elements of a Crime • Incomplete Crimes, or Inchoate Offenses V. Criminal Defenses VI. Crimes by Law

Learning Objectives After completion of this chapter, students should be able to: 1. Know how federal, state, and local criminal laws are created and changed.

2. Describe benchmarks used to assess the legality of criminal laws.

3. Describe the elements of a crime that must be present to prosecute offenders.

4. Know the major defenses against charges of criminal conduct.

5. Define crimes according to the Model Penal Code.

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Key Terms Actus reus (p. 45) an element of crime in which people are punished for their actions; thus, the law does not prosecute persons for actions that are not voluntary or that are accidental and do not involve reckless or negligence Arson (p. 51) the malicious burning of a structure commit a crime Assault (p. 50) the crime of willfully inflicting injury on another Attempt (p. 47) an incomplete criminal act; the closest act to the completion of a crime Burglary (p. 51) a combination of trespass and the intent to commit a crime Common Law (p. 43) unwritten, simple state laws, based on traditions, and common understandings in a time when most people were illiterate Conspiracy (p. 47) the planning by two or more people to commit a crime Constructive intent (p. 46) criminal intent in which a person does not intend to harm anyone but should have known that his or her actions created the risk of harm Constructive possession (p. 46) a person being in control of contraband but not having actual possession of it Defenses (p. 47) justifications or excuses defined by law by which a defendant may be released from prosecution or punishment for a crime Defense of duress (p. 48) a legal claim by a defendant that he or she acted involuntarily under the threat of immediate and serious harm by another Diplomatic immunity (p.47) the granting of immunity, or protection from any kind of criminal prosecution, to foreign diplomats Due process (p. 44) substantive due process limits the government’s power to criminize behavior unless there is a compelling reason for the public interest to do so; procedural due process requires that the government follow standard procedures and treat all defendants equally Elements of a crime (p. 45) The illegal actions (actus reus) and criminal intentions (mens rea) of the actor along with circumstances that link the two, especially causation Ex post facto laws (p. 43) laws providing that citizens cannot be punished for actions committed before laws against the actions were passed and that the government cannot increase the penalty for a specific crime after the crime was committed

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Failure to act (p. 45) an exception to actus reus in which a person fails to act when there is a legal duty to act Felony (p. 43) serious criminal conduct punishable by incarceration for more than one year General intent (p. 45) criminal intent in which a person has commonsense understanding that the results of his or her actions might cause harm Homicide (p. 50) the killing of one human being by another Inchoate offense (p. 47) an action that goes beyond mere thought but does not result in a completed crime Insanity (p.49) a legal claim by a defendant that he or she was suffering from a disease or mental defect and that the defect caused the defendant not to understand the difference between right and wrong Knowing possession (p. 46) a person actually being in possession of an item and knowing that it is contraband Larceny (p. 51) the wrongful taking of another’s property with the intent to permanently deprive its owner of its possession Legislative immunity (p. 48) the protection of senators and representatives of Congress from arrest only while the legislature is in session, except for felonies and treason Mala in se (p. 42) acts that are crimes because they are inherently evil or harmful to society Mala prohibita (p. 42) acts that are prohibited because they are defined as crimes by law Manslaughter (p. 50) the killing of another without the specific intent to kill Mens rea (p. 45) an element of crime in which a person must have criminal intent, or a “guilty mind,” for his or her actions to be criminal Mere possession (p. 46) a person actually being in possession of an item but not knowing that it is contraband Misdemeanor (p. 43) less serious criminal conduct punishable by incarceration for less than one year Mistake or ignorance of the law (p. 48) an affirmative legal defense in which the defendant made a mistake that does not meet the requirement for mens rea Model Penal Code (p. 50) guidelines for U.S. criminal codes published in 1962 by the American Law Institute that classify and define crimes into categories 15

Murder (p. 50) all intentional killings and deaths that occur in the course of aggravated felonies Necessity (p. 48) an affirmative legal defense claiming that the defendant committed an act out of need, and not mens rea Possession (p. 45) an exception to actus reus in which a person is in possession of an illegal item Privilege (p. 48) a type of defense in which the defendant claims immunity from punishment for an admitted violation of the law because it was related to his or her official duties Principle of legality (p. 43) the principle that citizens cannot be punished for conduct for which no law against it exists Rape (sexual assault) (p. 50) nonconsensual sexual acts Right to privacy (p. 44) the principle that laws that violate personal privacy cannot be upheld Robbery (p. 50) the taking away of property from a person by force or the immediate threat of force Rule of law (p. 42) the principle that standards of behavior and privilege are established by laws and not by monarchs or religious leaders Self-defense (p. 49) an affirmative legal defense in which a defendant claims that he or she acted to protect himself or herself or another person against a deadly attack or invasion of his or her home Solicitation (p. 47) the requesting or commanding of another to commit a crime Specific intent (p. 46) criminal intent in which a person knowingly takes action to commit a crime Stare decisis (p. 44) the U.S. system of developing and applying case law on the basis of precedents established in previous cases Strict liability crimes (p. 46) actions that are considered criminal without the need for criminal intent Transferred intent (p. 46) criminal intent in which a person intends to harm a person but instead harms another person Void for vagueness (p. 44) the principle that laws that do not use clear and specific language to define prohibited behaviors cannot be upheld Void for overbreadth (p. 44) the principle that laws that go too far in that they criminalize legally protected behavior in an attempt to make some other behavior illegal can be upheld 16

Witness immunity (p. 48) a situation in which a defendant admits to committing a crime but is granted immunity from prosecution in exchange for cooperation with a government investigation

Chapter Summary The American colonist rejected the English Church and king as supreme authority; hence the United States criminal court system is founded on the rule of law. There are separate criminal codes defining crimes at the local, state, and federal level of government. There are seven benchmarks used to assess the legality of criminal laws, including: principle legality, Ex Post Facto laws, Due Process, Void for Vagueness, Right to Privacy, Void for Overbreadth, and Cruel and Unusual Punishment.

An offense is defined as an act (actus reus) committed with criminal intent (mens rea) and a resulting harm (concurrence). The punishment for an offense must be specified in the law or the law is void. Sometimes the actus reus of a crime may be words, the failure to act, or the possession of contraband.

There are two types of criminal intent: general and specific. Some crimes require proof of specific intent. Strict liability laws do not require the proof of criminal intent. Actions that do not result in completed crimes are punishable as conspiracy, solicitation, or attempt. Common defenses to the charges of criminal conduct include alibi, consent, entrapment, immunity, involuntary actions (such as duress), mistake or ignorance, necessity, self-defense, youth, and insanity.

Many law schools and law textbooks use the Model Penal Code to teach law. While state criminal codes may be similar, there may be significant differences. The Model Penal Code classifies crimes according the categories of crimes against the state, crimes against persons, crimes against habitation, crimes against property, crimes against public order, and crimes against public morals.

Suggested Classroom Activities 1. Have your student visit a local court house and sit in on a criminal or civil trial that might be open to the public.

2. Invite your local state representative to explain the process of how laws are enacted for the state you reside in.

3. Ask your students to identify a criminal behavior or event that they believe to need a harsher sanction than the current penalty.

4. Locate a local ordinance in your city (i.e.-open container/alcohol) and its fine. After sharing that information with the class ask if they believe the penalty to be appropriate. Why or why not?

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5. Have students debate whether states should have the right to legalize the possession of smaller amounts of marijuana, in lieu of the Federal Controlled Substance Act?

Media to Explore Go to ww.ali.org to visit the Website of the American Law Institute. The self described mission of the American Law Institute is “producing scholarly work to clarify, modernize, and otherwise improve the law.”

For more information about the Model Penal Code see http://en.wikipedia.org/wiki/Model_Penal_Code For further worldwide information on kidnapping go to the Website of Kidnap news at www.kidnapnews.com Further information about the United States Federal Code (permanent laws) can be found at http://www.gpoaccess.gov/uscode/index.html A discussion of the history of the insanity defense can be found at http://www.law.umkc.edu/faculty/projects/ftrials/hinckley/hinckleyinsanity.htm

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Chapter 4 Roles and Functions of the Police Chapter Outline I. Development of Policing II. Contemporary Policing III. Federal Law Enforcement • Federal Jurisdiction and Police Powers • Military Police • Tribal Police • IV. Development of Policing • Federal Civilian Law Enforcement • U.S. Marshals Service • Other Federal Law Enforcement Agencies V. The State Police • Highway Patrol VI. County Law Enforcement Agencies VII. The City Police: “The Cops” • Jurisdiction of Local Police • Police Patrol, Crime Prevention, and Other Services • Serving Shifts and Districts VIII. Special Police • Administrative Structure of the Municipal Police IX. Selection of Police Officers X. Policing Strategies • Community Policing

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Learning Objectives After completion of this chapter, students should be able to:

1. Describe the historical development of American policing.

2. Explain how jurisdiction relates to contemporary policing.

3. Identify the major federal and state law enforcement agencies.

4. Be familiar with the hiring and training process for police officers.

5. Be able to discuss various social factors that influence policing strategies.

Key Terms Broken window theory (p. 68) the belief that ignoring public order violations and disruptive behavior leads to community neglect, which fosters further disorder and crime Bureau of Alcohol, Tobacco, and Firearms (ATF) (p. 60) the federal agency responsible for regulating alcohol, tobacco, firearms, explosives, and arson Chief law enforcement officer (p. 62) the highest-ranking law enforcement official within a system; the sheriff is the chief law enforcement officer of a county; the attorney general is the chief law enforcement officer of a state; and the U.S. attorney general is the chief law enforcement officer of the United States Chief of police (p. 62) the chief administrative officer of a municipal police agency Community policing (p. 67) decentralized policing programs that focus on crime prevention, quality of life in a community, public order, and alternatives to arrest Deputy chief (p. 65) the second in command of a police department usually selected by the chief of police Drug Enforcement Administration (DEA) (p. 61) the federal agency that enforces U.S. laws and regulations regarding controlled substances and that supports nonenforcement programs intended to reduce the availability of illicit controlled substances domestically and internationally

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Federal Bureau of Investigation (FBI) (p. 59) the federal agency responsible for protecting the U.S. from terrorist attacks, foreign intelligence and espionage, cyber-based attacks, and hightechnology crimes, and for combating public corruption at all levels Federal law enforcement agencies (p. 56) agencies that enforce only federal laws and are under the control of the executive branch of the federal government Field-training program (p. 66) a probationary period during which police academy graduates train in the community under the direct supervision of experienced officers Highway patrol (p. 61) state law enforcement agencies that focus on traffic enforcement Jurisdiction (p. 56) the geographical limits of responsibility and legitimate duties of law enforcement officers Metro police (p. 63) local police agency that serves several geographic locations, such as a large city or county Military police (p. 57) police who are members of the military and provide law enforcement services on military bases, on certain federal lands, and in cases involving military personnel Officer of the court (p. 62) a law enforcement officer who serves the court by serving papers, providing courtroom security, and transporting incarcerated defendants Order maintenance (p. 64) noncrime-fighting services performed by police, such as mediation, providing for the welfare of vulnerable persons, and crime control Police academy (p. 66) a facility or program for the education and training of police officers Problem-oriented policing (p. 68) a proactive type of community policing that focuses on solving the underlying problems of delinquency and crime Special police (64) police with limited jurisdiction. Special police have very narrowly defined duties and sometimes extremely limited geographical jurisdiction Team policing (p. 67) a decentralizing development during the 1960s and 1970s in which small units of police personnel took responsibility for a particular geographical area Tribal police (p. 57) police that provide law enforcement services on Native American reservations, where local and state police have no jurisdiction, and federal police have only limited jurisdiction U.S. Marshals Service (p. 58) the federal agency that provides security for federal courts, is responsible for the movement, custody, and capture of federal prisoners, and provides protection of witnesses in federal cases

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U.S. Postal Investigation Service (p. 58) the federal agency responsible for the security of U.S. mail and mail carriers and for investigation of mail fraud U.S. Secret Service (p. 59) the federal agency that protects the president, the vice president, members of their families, major candidates for president and vice president, and visiting heads of foreign governments Zero-tolerance strategy (p. 68) strict enforcement of the laws, even for minor violations

Chapter Summary The first metropolitan police force was established in London during 1829. Sir Robert Peel the home secretary had to deal with a growing crime problem; hence the London Metropolitan Police Act establishes a full-time paid police force to provide public safety. The United States soon adopts the London-style policing system.

Today, federal law enforcement agencies with different jurisdictions have been developed to enforce federal laws. There are approximately 50 federal civilian enforcement agencies. Some of the larger agencies include: the U.S. Marshals Service, The U.S. Postal Investigation Service, U.S. Secret Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Drug Enforcement Administration. There are also several types of federal law enforcement agencies: military, Indian tribal police, and civilian law enforcement agencies. The largest federal agency is the Immigration and Naturalization Service. The best known is the Federal Bureau of Investigation. The State police can be divided into three major types: traffic enforcement, general criminal investigations, and special investigations, limited by state boundaries. The sheriff is the chief law enforcement officer of the county and has responsibilities including law enforcement, court service and protection, and jail operations. The sheriff is the only elected chief executive officer of a law enforcement agency.

There are many small, specialized law enforcement agencies with limited jurisdiction.

These special police include: airport police, transit police, and public housing police. The New York City Transit Police is the largest of these types of agencies. Municipal police are the most visible and numerous of all police agencies. While having limited geographic jurisdiction, municipal police have the broadest legal jurisdiction. The chief of police is appointed by a police commission or city council and have guarantee as to term of appointment. Personnel selected for the position of police officer attend a police academy, followed by a period of field training and probation.

A popular policing strategy is known as community policing. Its roots are found in the 1960s and 1970s at a time when citizens were disenchanted with police services. Community policing attempts to develop a partnership between the police and the community. It also emphasizes crime prevention and quality-of-life issues rather than a sheer crime fighting approach.

Challenges for community policing include: the decentralization of authority, lack of training, displacement of crime, ineffectiveness in minority communities, and the potential tyranny of neighborhoods over personal liberty and community diversity.

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Suggested Classroom Activities 1. Call the front desk at your local police department and arrange a tour of your local police department and city jail.

2. Ask students to list the personality traits of what they see as the typical police officer. Discuss whether these are stereotypical descriptions or not?

3. Assign students various police department web sites and have them list starting salaries as well as testing requirements. Then have them share their findings with the class.

4. If your local police department allows civilian ride-alongs, have students voluntarily sign up and participate. Following their ride-along, have them prepare a short paper discussing how this experience was different than what they have seen in police dramas on television.

5. Lead a discussion regarding the possible merger of smaller police departments near your college. Ask students if they believe it would be more affective to merge smaller police departments or not? Have them identify the positive and negative consequences of a merger.

Media to Explore Go to www.met.police.un/history/archives.htm to see a detailed history including historic photographs of the London Metropolitan police All of the major law enforcement agencies have excellent Web sites that provide information about many aspects of the agency including employment opportunities. Many law enforcement agencies have Facebook sites. Visit some of the Web sites of major law enforcement agencies such as the following to review the information available about these agencies: www.fbi.gov, dea.gov, usmarshals.gov, nyc.gov/html/nypd/html/home/home.shtml, chicagopolice.org, lapdonline.org.

Go to www.fbijobs.gov to see employment information for the Federal Bureau of Investigation including the physical fitness requirements and background disqualifiers.

Go to www.apsu.edu/oconnort/comlist/htm to see a list of community policing programs. The list illustrates the diversity of community policing programs and the many different strategies police departments have utilized to impact crime in the community.

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Chapter 5 Police Officers and the Law Chapter Outline I. Procedural Law and Oversight of the Police II. Rules of Evidence •

The Exclusionary Rule

•

Fruit of the Poisoned Tree Doctrine

•

Application to State Courts: Mapp v. Ohio

•

Exceptions to the Exclusionary Rule

III. Search and Seizure •

The Fourth Amendment and the Right to Privacy

•

Search Incident to Lawful Arrest

•

Plain-View Searches

•

Consent to Search

•

Search of Automobiles

•

Search of Persons

IV. Other Exceptions to the Warrant Requirement •

Public Safety Exceptions

•

The Good Faith Exception

•

Issues of Privacy

•

Deadly Force and Fleeing-Felon Doctrine

V. Interrogations and Confessions 24

•

Waiver of Rights

•

Standards for an Admissible Confession

•

Use of Physical Punishment and Pain

•

The Right to an Attorney

•

Delayed Court Appearance

•

Limits on Deception

•

Miranda Rights

•

Right to Remain Silent

•

Police Lineups

•

Juveniles

•

Interrogations and the War on Terrorism

VI. Arrest •

Entrapment and Police Intelligence Activities

•

Enemy Combatants

Learning Objectives After completion of this chapter, students should be able to: 1. Understand procedural laws and how they govern police actions.

2. Identify landmark cases that established the exclusionary rule.

3. Describe exceptions to seizure without a warrant.

4. Understand a citizen’s rights while being interrogated.

5. Identify the circumstances when police can make an arrest or hold someone in custody.

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Key Terms Arrest (p. 88) restricting the freedom of a person by taking him or her into police custody Carroll doctrine (p. 81) terms allowing admissibility of evidence obtained by police in a warrantless search of an automobile when the police have probable cause that a crime has occurred and delaying a search could result in losing evidence Clear and present danger (p. 84) a condition relating to public safety that may justify police use of deadly force against a fleeing suspect Deadly force (p. 83) the power of police to incapacitate or kill in the line of duty Entrapment (p. 88) the illegal arrest of a person based on criminal behavior for which the police provided both the motivation and the means, tested in Jacobsen v. United States (1992) Exclusionary rule (p. 76) a rule that prohibits the use of evidence or testimony obtained in violation of the Fourth and Fifth Amendments of the U.S. Constitution, established in Weeks v.

United States (1914) and extended to all state courts in Mapp v. Ohio (1961) Fifth Amendment (p. 85) provides several important due process rights regarding the rights of the defendant Fleeing-felon doctrine (p. 83) the police practice of using deadly force against a fleeing suspect, made illegal in Tennessee v. Garner (1985), except when there is clear and present danger to the public Fruit of the poisoned tree doctrine (p. 77) a rule of evidence that extends the exclusionary rule to secondary evidence obtained indirectly in an unconstitutional search, established in Silverthorne Lumber Co. v. United States (1918) and in Wolf v. Colorado (1949) Good faith exception (p. 82) an exception to the requirement that police must have a valid search warrant or probable cause when they act in good faith on the belief that the search was legal Indigent defense (p. 86) the right to have an attorney provided free of charge by the state if a defendant cannot afford one, established in Gideon v.Wainwright (1963) Material witness law (p. 89) a law that allows for the detention of a person who has not committed a crime but is suspected of having information about a crime and might flee or refuse to cooperate with law enforcement officials Miranda rights p. 86) rights that provide protection from self-incrimination and confer the right to an attorney, of which citizens must be informed before police arrest and interrogation, established in Miranda v. Arizona (1966) 26

Pat-down doctrine (p. 81) the right of the police to search a person for a concealed weapon on the basis of reasonable suspicion, established in Terry v. Ohio (1968) Plain-view search (p. 80) the right of the police to gather without a warrant evidence that is clearly visible Police lineup (p. 87) an opportunity for victims to identify a criminal from among a number of suspects Probable cause (p. 79) the likelihood that there is a direct link between a suspect and a crime Procedural law (p. 79) the body of laws governing how things should be done at each stage of the criminal justice process Public safety exception (p. 82) the right of the police to search without probable cause when not to do so could pose a threat of harm to the public Rules of evidence (p. 76) administrative court rules governing the admissibility of evidence in a trial Search incident to lawful arrest (p. 79) the right of police to search a person who has been arrested without a warrant Search warrant (p. 79) legal permission, signed by a judge, for police to conduct a search Self-incrimination (p. 86) statements made by a person that might lead to criminal prosecution Sixth Amendment (p. 85) provides the defendant constitutionally protected rights related to the trial, witnesses, and right to counsel Wiretapping (p. 83) a form of search and seizure of evidence involving communication by telephone

Chapter Summary As part of the checks and balances within the criminal justice system, there are constitutional amendments that provide guarantees against misconduct by police. Police practices are also affected by city, state, and federal legislative bodies that pass laws to limit or expand police jurisdiction. Additionally, rules of evidence stipulate requirements for police procedures in conducting searches and seizures, gathering evidence, making arrests, and conducting interrogations.

The exclusionary rule, which defines admissibility of evidence in court, was extended to states, as well as federal jurisdictions in the landmark case of Mapp v. Ohio. Under the Fourth Amendment protects Americans are to be protected from unreasonable search and seizures.

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However, there are exceptions to the exclusionary rule. These exceptions include: search incident to lawful arrest, plain-view searches, consent to search, and the search of automobiles.

The police also have the authority to conduct a pat-down search of a person without probable, but with reasonable suspicion, was established through the case of Terry v. Ohio. Other exceptions to the exclusionary rule address situations such as: public safety, fleeing felons, good faith mistakes, and some intelligence activities, such as wiretaps.

The Fifth Amendment protects Americans from self-incrimination, so that that a confession cannot be obtained through physical coercion, lies, deceptions, unfair lineups, or denial of civil rights. The rules of evidence also define lawful arrest, which may not involve entrapment. The landmark case of Miranda v. Arizona had a historical impact on police practices regarding arrests and interrogations of suspects.

However, the current war on terrorism is not without its criticism regarding the arrest and detention of suspected terrorist, with respect to constitutional procedures. Critics have accused the Justice Department for denying due process to many accused or suspected terrorist. Under the Material Witness law, federal authorities can hold someone indefinitely if they suspect that person is withholding information or evidence.

Suggested Classroom Activities 1. Ask a local police officer to visit your class and explain the various types of searches that are routinely performed without the necessity of a warrant. Also ask him of her to explain situations in which a canine unit may be used without a warrant.

2. Take a poll of your students asking them whether they would consent to a search of their vehicle during a routine traffic stop. Why or why not?

3. Have your students assume the role of a Supreme Court judge. Ask them to write a short position statement on whether or not they would uphold the Witness Material law used to hold suspected terrorist, or would they over turn the law?

4. Have your students take out a blank sheet of paper, and ask them to write down their Miranda Rights to the best of their memory. Then after going over the Miranda Rights found on page 86 of the text book, ask them if they believe people suspected of terrorism should be read their rights. Why or why not?

5. Ask your students to write down whether or not they support the use of full body scans in screening passengers in major airport terminal.

Media to Explore Go to www.archives.gov/exhibits/charters/constitution.html to view the U.S. Constitution and the various Amendments.

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The National Association of Civilian Oversight of Law Enforcement maintains a roster of state resources for civilian oversight of the police at www.nacole.org Go to www.fbi.gov and in the search box enter “interrogations”. The resulting search will provide links to numerous articles, publications, and press releases related to interrogation policy and practices including the newly formed interrogation unit for “high value” terrorists.

Go to www.fbi.gov and in the search box enter “high speed chases”. The resulting search will provide links to numerous articles, publications and press releases related to high speed police chases.

For further information about military tribunals that have been proposed to try enemy combatants and how they are different from military courts and criminal courts go to en.wikipedia.org/wiki/Military_tribunal.

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Chapter 6 The Court System Chapter Outline I. Foundation and Structure of the Judicial System •

Dual Court System

•

Civil Versus Criminal Law

II. The Federal Court System •

Overview of the Federal Court System

•

United States Courts of Appeals

•

The United States Supreme Court

III. Characteristics of the State Court System •

Courts of Limited Jurisdiction

•

Courts of General Jurisdiction

•

Appellate Courts

•

Courts of Last Resort

Learning Objectives After completion of this chapter, students should be able to: 1. Describe the historical foundations of our nation’s court system.

2. Explain what is meant by the term ‘dual structure’ court system.

3. Explain the differences between criminal and civil law.

4. Describe the role and responsibilities of each level within the federal court system.

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5. Describe how state level courts are generally organized.

Key Terms Appellate courts (p. 102) state courts that have the authority to review the proceedings and verdicts of general trial courts for judicial errors and other significant issues Article 3, Section 2 (p. 94) the part of the U.S. Constitution that defines the jurisdiction of the federal courts Brief (p. 100) a written statement submitted by an appellant’s attorneys that states the substantial constitutional or federal issue that they believe the court should address Certiorari power (p. 100) the authority of the Supreme Court, based on agreement by four of its members that a case might raise significant constitutional or federal issues, to select a case for review Circuit court (p. 98) the geographical jurisdiction of a federal appeals court Civil law (p. 95) also called private law, the body of law concerned with the definition, regulation, and enforcement of rights in noncriminal cases in which both the person who has the right and the person who has the obligation are private individuals between a suspect and a crime Court of last resort (p. 102) a state court of final appeals that reviews lower court decisions and whose decisions can be appealed to the U.S. Supreme Court Courts of limited jurisdiction (p. 102) state courts of original jurisdiction that are not courts of record (e.g., traffic courts, municipal courts, or county courts) Courts of record (p. 102) courts in which trial proceedings are transcribed Dual court system (p. 94) the political division of jurisdiction into two separate systems of courts: federal and state; in this system, federal courts have limited jurisdiction over state courts Eleventh Amendment (p. 94) a provision that prohibits a citizen from one state from suing the government of another state in federal court General trial courts (p. 102) state courts of original jurisdiction that hear all kinds of criminal cases Judicial review (p. 96) the power of the U.S. Supreme Court to review legislation for the purpose of deciding the constitutionality of the law Jurisprudence (p. 94) a philosophy or body of written law used to settle disputes

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Landmark cases (p. 99) U.S. Supreme Court cases that mark significant changes in the interpretation of the Constitution Original jurisdiction (p. 97) the concept that juvenile court is the only court that has authority over juveniles, so they cannot be tried, for any offense, by a criminal court unless the juvenile court grants its permission for the accused juvenile to be waived to criminal court Per curiam opinion (p. 101) a case that is disposed of by the U.S. Supreme Court without a full written opinion Plaintiff (p. 95) the party who files a civil lawsuit against the party who is alleged to have done harm (the defendant) Remanded (p. 101) after the U.S. Supreme Court’s reversal of a decision of a lower court, the return of the case to the court of original jurisdiction with instructions to correct the judicial error Tenth Amendment (p. 94) a provision that powers not specifically delegated to the federal government are reserved for the states Tort (p. 95) a private wrong that causes physical harm to another U.S. courts of appeals (p. 96) the third tier of the federal court system where decisions of lower courts can be appealed for review for significant judicial error that may have affected the verdict U.S. district courts (p. 96) trial courts of the federal system U.S. magistrate courts (p. 96) federal lower courts with powers limited to trying lesser misdemeanors, setting bail, and assisting district courts in various legal matters U.S. Supreme Court (p. 99) the highest court in the U.S. judiciary system, whose rulings on the constitutionality of laws, due process rights, and rules of evidence are binding on all federal and state courts

Chapter Summary The United States is considered a dual court system, consisting of a federal court system and a parallel state court system in each state. In the judicial hierarchy, U.S. Supreme Court has certiorari power over all other state and federal courts. Aside from criminal cases, courts also hear civil cases. The most significant difference here is that the burden of proof in a civil case is based on a preponderance of the evidence, whereas the criminal trial requires proof beyond a reasonable doubt. The greater amount of court time is taken up by civil cases.

The federal court system is a four-tier, magistrate courts, district courts, courts of appeals, and the Supreme Court. The federal courts are divided into thirteen geographical circuits. Cases are initially tried in magistrate court for misdemeanors, and felony trials of original jurisdiction 32

take place in the U.S. District courts. The U.S. Court of Appeals review cases for judicial error.

Cases cannot be appealed on the basis of a claim of innocence, but rather upon judicial error.

The U.S. Supreme Court is the highest court in the American judicial system. This body can issue landmark decisions that mark significant changes to the interpretation of the U.S. Constitution. Under the Tenth Amendment, each state has the right to organize its own judicial system. Most states have a four-tier organizational structures that mirrors the federal judiciary.

Suggested Classroom Activities 1. List on the board a mix of ten different types of criminal and civil court cases in no particular order. Have your students determine whether each case is a civil case or a criminal case.

2. Have students identify the U.S. Circuit that your college or university is under. Have them visit the web page for that specific circuit and find a recently published appellate ruling on a criminal case to share with the class.

3. Conduct an informal survey of your students asking them if they believe the government should reimburse a criminal defendant found not guilty at trial for the attorney fees he or she incurred.

4. Have students locate and read a recent court case that has been published in a local newspaper.

Ask them if they agree with the judge’s or jury’s decision. Why or why not?

5. Have your students list both the advantages and disadvantages of having our U.S. Supreme court judges appointed to a life term.

Media to Explore Go to www.courttv.com for information on current and famous trials, both criminal and civil.

See www.uscourts.gov for a wealth of information on the various U.S. federal courts, as well as useful links and employment opportunities.

For information on the U.S. Supreme Court see www.supremecourtus.gov.

See www.ojp.usdoj.gov/bjs/abstract/sco98.htm to access a document that describes each of the state court systems. The document is a 1998 publication but provides a good overview of the various state court systems in a single source.

Go to www.findlaw.com to look up landmark U.S. Supreme Court cases.

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34

Chapter 7 Courtroom Participants and the Trial Chapter Outline I. The Adjudication Process •

Jurisdiction

•

Trials in Courts of Limited Jurisdiction

•

Trials in Courts of General Jurisdiction and Federal District Courts

II. Charges and Proceedings before Trial •

Determining the Charges: The Police and the Prosecutor

•

Bail

•

Competency to Stand Trial and the Insanity Defense

•

Plea Bargaining

III. Preparation for the Criminal Trial •

The Sixth Amendment Right to a Speedy Trial

•

The Speedy Trial Act of 1974

•

Rules of Evidence

IV. Participants in the Criminal Trial •

Duties and Rights of Participants

V. The Criminal Trial •

Justice Is the Goal

35

Learning Objectives After completion of this chapter, students should be able to: 1. Describe the basic legal philosophy of a criminal trial.

2. Understand how court jurisdiction is determined.

3. Identify major pretrial proceedings.

4. Explain the Sixth Amendment requirement for a speedy trial.

5. Know the roles of the participants in a criminal trial.

Key Terms Arraignment (p. 112) a short hearing before the judge in which the charges against the defendant are announced Bail (p. 112) a promise, sometimes backed by a monetary guarantee, that the accused will return for further proceedings Bail bondsagent (p. 113) an agent of a private commercial business that has contracted with the court to act as a guarantor of a defendant’s return to court Bailiff (p. 119) a county deputy sheriff or U.S. deputy marshal responsible for providing security and maintaining order in a courtroom Barker v. Wingo (p. 117) the court ruled that the defendant’s failure to request a speedy trial does not negate the defendant’s right to a speedy trial Bench trial (p. 122) a trial in which the judge rather than a jury makes the determination of guilty Charge to the jury (p. 121) written instructions about the application of the law to a case that the judge gives to the jury to help them reach a verdict Circumstantial evidence (p. 121) evidence that implies that the defendant is connected to the crime but does not prove it Clearing cases (p. 115) refers to the status of a criminal offense. When the police or prosecutor assert that the perpetrator of the crime is known the case is “cleared” 36

Clerk of court (p. 119) a government employee who works directly with the trial judge and is responsible for court paperwork and records before and during a trial Competent to stand trial (p. 114) the concept that a defendant comprehends the charges against him or her and is able to assist his or her attorney with the defense Conditional release (p. 114) a bail alternative in which the defendant is released from custody if he or she agrees to court-ordered terms and restrictions Contempt of court (p. 118) a charge against any violator of the judge’s courtroom rules, authorizing the judge to impose a fine or term of imprisonment Court docket (p. 116) the calendar on which court cases are scheduled for trial Court recorder (court reporter) (p. 119) a stenographer who transcribes every word spoken by the judge, attorneys, and witnesses during a trial Defense attorney (p. 119) the defendant will have an attorney appointed by the court or a private attorney paid for by the defendant to represent him or her in the trial Direct evidence (p. 121) evidence that connects the defendant with the crime Double jeopardy (p. 109) the rule that a defendant can be charged only once and punished only once for a crime; if tried and found innocent, the defendant cannot be retried even if new evidence of his or her guilt is discovered Due process (p. 110) rules and procedures for protecting individuals accused of crimes from arbitrary and excessive abuse of power by the government Excessive bail (p. 112) Eighth Amendment prohibits bail which is excessive but there is no uniform standard as what “excessive” is Expert witness (p. 121) gives testimony based on his or her expert knowledge and can make inferences beyond the facts Gag order (p. 122) a judge’s order to participants and observers at a trial that the evidence and proceedings of the court may not be published, broadcasted, or discussed publicly Grand jury (p. 110) a panel of citizens that decides whether there is probable cause to indict a defendant on the alleged charges Indigent defense (p. 122) the right to have an attorney provided free of charge by the state if a defendant cannot afford one, established in Gideon v.Wainwright (1963)

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Initial appearance (p. 110) the Court determines the charges against the defendant are legitimate, advises the defendant of his or her rights, sets bail, and assesses the need for legal representation for the defendant Lay witness (p. 120) a citizen who testifies only to what he or she heard, saw, felt, smelled, or otherwise directly experienced Legal standards of evidence (p. 121) standards requiring that evidence and the testimony of witnesses must be competent, material, and relevant Hearsay evidence (p. 120) information about a crime obtained secondhand from another rather than directly observed Plea bargaining (p. 115) the negotiation between defendant and prosecutor for a plea of guilty for which in return the defendant will receive some benefit such as reduction of charges or dismissal of some charges Preliminary hearing (p. 110) a hearing before a magistrate judge in which the prosecution presents evidence to convince the judge that there is probable cause to bring the defendant to trial Pretrial motions (p. 110) are requests by the prosecutor or defense made in advance of the trial Real evidence (p. 120) physical evidence, such as a gun, a fingerprint, a photograph, or DNA matching Release on recognizance (ROR) (p. 114) provides for the pretrial release of the accused, based merely on the defendant’s unsecured promise to appear at trial Rules of evidence (p. 118) administrative court rules governing the admissibility of evidence in a trial Sentence bargaining (p. 116) the defendant negotiates with the prosecutor for a reduction in length of sentence, reduction from capital murder to imprisonment, probation rather than incarceration, or institution where the sentence is to be served in return for a guilty plea Signature bond (p. 114) the release of a defendant based on his or her signature on a promise to appear in court, usually for minor offenses such as traffic violations Statute of limitations (p. 116) legal limits regarding the length of time between the discovery of a crime and the arrest of the defendant Taylor v. Louisiana (p. 123) ruled the exclusion of women from jury duty created an imbalance in the jury pool Testimonial evidence (p. 120) the testimony of a witness

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Unsecured bond (p. 114) releases the defendant based on his or her signing a promissory note agreeing to pay the court an amount similar to a cash bail bond if he or she fails to fulfill the promise to appear at trial Voir dire (p. 120) the process through which a jury is selected from the members of the jury pool who have been determined to be eligible for service

Chapter Summary A criminal trial is very complex event involving many participants who are doing work behind the scene. The three types of criminal trials occur in either state trials in courts of limited jurisdiction, state trials in courts of general jurisdiction, or federal criminal trials. Trials in courts of limited jurisdiction are brief and involve misdemeanor crimes. The majority of trials are conducted in state courts of general jurisdiction.

The police and the prosecutor must work together to bring charges against the defendant.

This relationship serves as a check and balance for the potential abuse of power. Prior to a trial, the court decides if the defendant is to be granted bail or denied because of concern for public safety. Given that many trials take months to reach the courtroom, the poor are many times at a disadvantage spending more time in jail than most awaiting trial. Prior to trial it is the court’s responsibility to assess the defendant’s competence to understand the charges against them. If the defendant is not competent to stand trial, the trial is postponed, while the court orders a series of psychiatric evaluations.

The process of plea bargaining is a very important mechanism for reducing the back log of pending cases, and over 90 percent of defendants do plead guilty. Plea bargaining can focus on a reduction in charges or the on the length of sentencing. Because of the Speedy Trial Act of 1974, most defendants must be brought to trial within 100 days of arrest. This requirement places great stress on the resources of the prosecutor and the court to meet this expectation under the Sixth Amendment.

Prior to the trial, both prosecutor and defense counsel to the case might make a number of pretrial motions, including: motions for continuance, discovery, change of venue, suppression, bill of particulars, severance of charges or defendants, as well as case dismissal.

The court recorder records every word spoken at the trial for permanent record. The bailiff is responsible for security and escorting the jury. The prosecutor is responsible for presenting the evidence against the defendant. The judge determines what evidence can be presented to ensure that the defendant gets a fair trial. Defendants are entitled to court-appointed counsel if they cannot afford a lawyer.

Suggested Classroom Activities 1. Have your students visit a local court house when court is in session. Have them sit in on either a criminal or civil trial that is open to public view, Have them write a short synopsis of the proceeding they observed to share with the rest of the class.

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2. Read the section of the Sixth Amendment that covers the speedy trial. Poll your students, asking them if they were accused of a felony, such as a burglary, would they want to go to trial within 100 days. Have them explain why or why not?

3. Ask your students if they have ever watched a trial on Court TV. Have them determine if your state allow cameras in the courtroom. Have them list the pros and cons of allowing video cameras in the courtroom.

4. Have student look for the court news section in a local newspaper. Have them find the day when the paper publishes local arraignments. Discuss the various setting of bail for specific charges, and ask them if they believe any of the bail amounts to be excess.

5. Lead a discussion regarding a minimum level for education for those serving on a jury.

Given the complexity of crime scene investigation, should jurors have a minimum education background?

Media to Explore Go to www.uscourts.gov/districtcourts.html, the official Web site of the federal judiciary, for information about the district courts, including many links to other resources.

Go to www.bailacademy.org/index1.html to view training programs for bonds agents.

Go to http://criminal.findlaw.com/crimes/criminal_stages/criminal_pre_trial_motions/ for further information regarding pretrial motions.

Go to http://www.state.i.us/court/ for extensive information about the history and personnel of the state of Illinois court system. Each of the state courts will have a similar Web site that you can visit for information about the court system. For example, the Web site for California courts is http://www.courtinfo.ca.gov/courts/index.htm Visit the Web site http://www.law.umkc.edu/faculty/projects/trials/hinckleyinsanity.htm for information concerning the insanity defense.

The American Bar Association provides information about the right to a speedy trial at http://www.abanet.org/crimjust/standards/speedytrial_blk.html

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Chapter 8 Sentencing Chapter Outline I. Purpose of Criminal Sanctions •

Deterrence

•

Incapacitation

•

Retribution

•

Rehabilitation

•

Restorative Justice

II. The Special Case of Mentally Ill Offenders •

Defining Insanity

•

The Insanity Defense Reform Act of 1984

•

State Courts and the Insanity Plea

•

Public Fear of the Insanity Plea

III. Fair Sentence IV. Presentence Investigation Report •

The Offender’s Background and Attitude

•

Sentencing Hearing and Victim Impact Statements

V. Sentencing Models •

Sentencing Models

•

Determinate Versus Indeterminate Sentencing

•

Mandatory Sentencing and Habitual Offender Laws 41

•

Sentencing Guidelines

•

Presumptive Sentencing

•

Truth in Sentencing

VI. Sentencing and the Death Penalty •

The Death Penalty and Abolitionists

•

The Death Penalty and Civil Rights

•

Challenges to the Death Penalty

•

Reconsideration of the Death Penalty

Learning Objectives After completion of this chapter, students should be able to: 1. Describe the various purposes of criminal sanctions.

2. Understand the insanity defense.

3. Describe the purpose of a presentence investigation report.

4. Detail differences between determinate and indeterminate sentencing models.

5. Explain how civil rights challenges have affected the death penalty.

Key Terms Abolitionists (p. 144) people opposed to the death penalty Banishment (p. 132) the removal of an offender from the community Bifurcated trial (p. 146) a two-part trial structure in which the jury first determines guilt or innocence and then considers new evidence relating to the appropriate punishment Capital punishment (p. 143) the sentence of death 42

Civil commitment process (p. 135) a determination of whether the defendant should be released or confined to an institution for persons with mental illness Corporal punishment (p. 130) the administration of bodily pain as punishment for a crime Determinate sentencing (p. 140) a model of sentencing in which the offender is sentenced to a fixed term of incarceration Deterrence (p. 130) the philosophy and practices that emphasize making criminal behavior less appealing General deterrence (p. 132) the concept based on the logic that people who witness the pain suffered by those who commit crimes will desire to avoid that pain and will refrain from criminal activity Guilty but mentally ill (p. 135) a new type of verdict in which the jury finds a defendant mentally ill but sufficiently aware to be morally responsible for his or her criminal acts Habitual offender laws (p. 140) tough sentencing laws to punish repeat offenders more harshly Incapacitation (p. 132) deterrence based on the premise that the only way to prevent criminals from reoffending is to remove them from society Indeterminate sentence (p. 139) a sentence in which the defendant is sentenced to a prison term with a minimum and a maximum number of years to serve Mandatory sentencing (p. 140) the strict application of full sentences in the determinate sentencing model Not guilty by reason of insanity (p. 134) a verdict by which the jury finds that a defendant committed the crime but was insane Presentence investigator (p. 138) a person who works for the court and has the responsibility of investigating the background of the convicted offender and the circumstances surrounding the offense Presumptive sentencing (p. 141) a structured sentencing model that attempts to balance sentencing guidelines with mandatory sentencing and at the same time provide discretion to the judge Rehabilitation (p. 133) deterrence based on the premise that criminals can be “cured” of their problems and criminality and can be returned to society

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Restorative justice (p. 133) a model of deterrence that uses restitution programs, community work programs, victim offender mediation, and other strategies to not only rehabilitate the offender but also to address the damage done to the community and the victim Retribution (p. 133) deterrence based on the premise that criminals should be punished because they deserve it Sentencing guidelines (p. 141) a sentencing model in which crimes are classified according to their seriousness and a range of time to be served is mandatory for crimes within each category Specific deterrence (p. 131) a concept based on the premise that a person is best deterred from committing future crimes by the specific nature of the punishment Three-strikes law (p. 140) the application of mandatory sentencing to give repeat offenders longer prison terms Transportation (p. 132) the eighteenth-century practice by Great Britain of sending offenders to the American colonies and later, to Australia Truth in sentencing (p. 143) in the application of presumptive sentencing in states that cannot eliminate parole, the legal requirement that courts disclose the actual prison time that the offender is likely to serve Victim impact statements (p. 138) testimony by victims at a convicted offender’s sentencing hearing

Chapter Summary This chapter discusses the different philosophies that justify criminal sanctions. Those five include: deterrence, incapacitation, retribution, rehabilitation, and restorative justice. The special case of a mentally ill offender is considered under the concept of the insanity defense.

There are two major sentencing models that can guide a judge’s decisions. These two models are indeterminate sentencing and structured sentencing. Indeterminate sentencing is based on early release through the parole system. Whereas structured sentencing includes determinate guidelines, sentencing guidelines, and presumptive sentencing. Mandatory sentencing, three strikes laws, and truth-in-sentencing laws are examples of structured sentencing. Academic research indicates that the application of criminal sanctions often discriminates against AfricanAmericans and Hispanic males.

While current day society seems to support the use of the death penalty, there is strong opposition and much controversy surrounding its application. Many states are revisiting the decision to use of the death penalty due to the number of wrongful convictions that have been documented in recent years. DNA evidence has played a major role in freeing those wrongfully

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convicted. Data on the effectiveness of sentencing in reducing crime rates indicate that more studies needed.

Suggested Classroom Activities 1. Arrange the class in two separate sections to debate the pros and cons of capital punishment.

2. Show scenes from the movie The Shawshank Redemption and ask students to comment on the scenes while relating to the goals of punishment, as well as the dysfunctions environment created by prison.

3 Invite a parole or probation officer to class to explain presentence reports, and the contribution they play in the judges’ final sentencing decision.

4. Arrange a tour of a nearby halfway house, or attend a local drug court proceeding.

5. Invite a released and rehabilitated offender to class to talk about the difficulties he or she has faced during their reintegration into the local community.

Media to Explore See www.curenational.org, the Web site of Citizens United for Rehabilitation of Errants (CURE). CURE is a nonprofit national organization dedicated to reducing crime through rehabilitation programs and reforms of the criminal justice system.

Go to www.derechos.org to access Derechos Human Rights, an Internet-based human rights organization that offers links to a number of Web sites with information about the death penalty.

Go to www.innocenceproject.org to visit the Web site of The Innocence Project. The Innocence project is a national litigation and public policy organization dedicated to exonerating wrongfully convicted people through DNA testing and reforming the criminal justice system to prevent future injustice.

To visit Web sites for and against the death penalty, see www.deathpenalty.org to view the Web site of an organization that argues against the death penalty, and www.prodeathpenalty.com to view the Web site of an organization that argues for the death penalty.

For information about the history of the death penalty and state-by-state information on executions, see the Web site of the Death Penalty Information Center at www.deathpenaltyinfo.org.

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Chapter 9 Jails and Prisons Chapter Outline I. Development of American Jails and Prisons •

Early Jail Conditions

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Reform at Last: The Walnut Street Jail

•

Bigger Is Better: Eastern State Penitentiary

•

The Auburn System

•

Southern Penal Systems

II. Contemporary Jails and Prisons •

The Rising Cost of Incarceration

III. Jails •

Native American County Jails

•

Federal Jails

•

City and County Jails

•

Municipal Jails

IV. State Prisons •

Prisoner Classification

•

Special Prison Populations

•

Institutional Racism and Incarceration

V. Federal Prisons •

The Federal Bureau of Prisons 46

•

Federal Correctional Facilities

VI. Privatization VII. Prison Life •

Sexual Violence in Prisons

•

Prison Gangs

•

Physical Health in Prisons

•

Mental Health in Prisons

•

Prison Violence

•

Prisons—The Human Cage

Learning Objectives After completion of this chapter, students should be able to: 1. Describe the conditions of early colonial jails 2. Explain both the purpose and types of jails 3. Know the purpose behind classification systems 4. Detail the operations of the Federal Bureau of Prisons 5. Discuss the advantages and disadvantages of prison privatization

Key Terms Chain gang (p. 159) in the southern penal system, a group of convicts chained together during outside labor Civil Death (p. 161) was the legal philosophy that barred any prison inmate from bringing a lawsuit in a civil court related to their treatment while incarcerated or conditions of incarceration Congregate work system (p. 158) the practice of moving inmates from sleeping cells to other areas of the prison for work and meals 47

Contraband (p. 175) smuggled goods, such as drugs, cigarettes, money, or pornography Convict lease system (p. 158) in Southern penal systems, leasing prisoners to work for private contractors.

Correctional officer (p. 171) uniformed jail or prison employee whose primary job is the security and movement of inmates County department of corrections (p. 163) when the sheriff does not supervise the country jail, it is administered by an independent country department Deinstitutionalization (p. 178) moving mentally ill people from long-term hospitalization to community-based care Disproportionate confinement (p. 170) refers to the non-random distribution of persons by race in correctional institutions. If the prison population reflected the same demographic as the general population confinement would not reflect racial bias General prison population (p. 168) is the non-restricted population of prison inmates who have access to prison services, programs and recreations HIV/AIDS (p. 177) Acquired Immune Deficiency Syndrome (AIDS) is caused by a virus called Human Immuno-deficiency Virus (HIV). The disease is a deficiency of the body’s immune system. A person can be HIV positive but not have AIDS Incarceration (p. 156) the bodily confinement of a person in a jail or prison Initial placement (p. 166) the first institution and security level of the convicted defendant Inside cell block (p. 157) prison construction in which individual cells are stacked back to back in tiers in the center of a secure building Jails (p. 162) short term, multipurpose holding facilities that serve as the gateway for the criminal justice system Lombroso based correctional philosophies (p. 160) divided persons into two distinct types: criminal and non-criminal. Non-criminals were biologically determined and therefore not amenable to rehabilitation or reform Municipal jail (p. 164) city administered jails for the incarceration of offenders who are convicted of violating city ordinance in a municipal court Native American jails (p. 163) are short term incarceration facilities on Native American land that are under the sovereign control of the Native American tribe

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Penitentiary (p. 157) a correctional institution based on the concept that inmates can change their criminality through reflection and penitence Prison code (p. 179) is the informal rules and expected behavior established by inmates. Often the prison code is contrary to the official rules and policies of the prison. Violation of the prison code can be punished by use of violence or even death Prison consultants (p. 166) are private persons, who provide convicted defendants advice and counsel on how best to present themselves during classification and how to behave in prison Prison economy (p. 169) refers to the exchange of goods, services and contraband by prisoners in the place of money Prison farm system (p. 159) in the Southern penal systems, the use of inmate labor to maintain large, profit-making prison farms or plantations Prison Rape Elimination Act of 2003 (p. 174) required the Bureau of Justice statistics to survey jails and prisons, to determine the prevalence of sexual violence within correctional facilities Prisoner classification (p. 165) the reception and diagnosis of an inmate to decide the appropriate security level in which to place the prisoner and the services of placement Section 1983 lawsuits (p. 176) are civil lawsuits filed in federal court alleging that the government has violated a constitutional right of the inmate Security Risk Groups (p. 175) groups that raise special threats, such as prison gangs Silent system (p. 157) correctional practice of prohibiting inmates from talking to other inmates Solitary confinement (p. 158) practice of confining an inmate such that there is no contact with other people State prisons (p. 165) correctional facilities for prisoners convicted of state crimes Supermax prison (p. 173) is the highest security level of prison operated by the U.S. Bureau of Prisons. Supermax prisons are considered “escape-proof” regardless of the resources of the inmate Total Institutions (p. 178) institutions that meet the inmate’s basic needs, discourage individuality, punish dissent, and segregate those who do not follow the rules.

Tuberculosis (p. 177) or TB is a contagious infectious disease caused by a bacterial infection that primarily affects the lungs

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Warren Court (p. 161) the U.S. Supreme Court years (1953–1969) during which Chief Justice Earl Warren issued many landmark decisions greatly expanding the constitutional right of inmates and defendants

Chapter Summary Historically speaking, the Pennsylvania Walnut Street Jail and Eastern State Penitentiary and New York’s Auburn State Prison established distinctively American correctional models. Early American jails and prisons had rehabilitation as a goal. Prison labor was exploited, especially in colonies with indentured servitude and in southern penal systems, which operated the convict lease system. Prison reforms came about during the Warren Court era, with rulings that inmates had the right to sue the government over prison conditions and civil rights violations.

Jails are short-term multipurpose facilities that serve as a gateway to the criminal justice system. Federal jails are operated through the U.S. Bureau of Prisons. County jails are maintained by the sheriffs’ departments, and municipal jails by local police departments. State prisons house only convicted felony offenders. States run reception and diagnosis centers to classify incoming inmates and place them in appropriate facilities, minimum, medium, or maximum-security prisons. Supermax prisons hold the most violent inmates in a highly secured lockdown structure.

Prison populations include men, youths, the elderly, women, gang members, inmates living with AIDS, and persons with other health problems or mental illnesses, and these populations challenge the correctional system. Federal prisons such as Alcatraz were built during the prohibition era and are run by the Federal Bureau of Prisons. The federal prison system parallels the state prison systems in classification and administration, but federal prisons have higher standards for employment. Private jails and prisons were sought as a solution to prison overcrowding and the high cost of building and staffing correctional, but have been plagued with problems pertaining to professionalism

Suggested Classroom Activities 1. Contact your local sheriff’s department and arrange for the class to tour the county jail.

2. Invite a supervisor from your state department of corrections to visit your class and explain the different careers available in their field.

3. Arrange on site tour of a state correctional facility 4. Invite a recently released inmate who might be willing to share their experiences in a correctional institution.

5. Lead a classroom debate on the strengths and weaknesses of employing private prisons.

Media to Explore 50

Go to www.gangsorus.com to view the Web site “Gangs or Us,” which provides information on street and prison gangs.

Visit the Federal Bureau of Prisons at www.bop.gov.

Visit the City of New York Department of Corrections Web site at www.nyc.gov/html/doc/html/home/home.shtml.

Visit the Web site of Los Angeles County’s Twin Towers Correctional Facility at www.lasd.org/division/custody/twintowers/index.html.

Visit the Web site of the Southern Center for Human Rights at www.schr.org.

Eastern State Penitentiary is now a tourist attraction. You can visit the Web site of Eastern State Penitentiary at www.easternstate.org.

There are a number of Web sites that facilitate public-inmate pen pal correspondence. To view one such Web site, go to http://writeaprisoner.com.

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Chapter 10 Probation and Parole Chapter Outline I. States Turn to Diversion, Probation, and Parole •

Mandatory and Good-Time Release

•

Pardon and Commutation of Sentence

II. Probation •

Probation Services

•

Decision to Grant Probation

•

Advantages of Probation

•

Decisions to Revoke Probation

III. Parole •

Pros and Cons of Parole

•

State and Federal Parole Boards

•

The Parole Hearing

•

Conditions of Parole

•

Revocation of Parole

IV. Supervision of Probation and Parole •

Social Work and Rehabilitation Skills

•

Measures of Success

•

You Can Lead a Horse to Water, But

52

Learning Objectives After completion of this chapter, students should be able to: 1. Understand why the criminal justice system provides for early release of inmates.

2. Know the differences between diversion, probation, parole, mandatory release, good-time release, and pardon.

3. Explain the origins, reasons for, and advantages of probation.

4. Explain the origins, pros and cons of parole.

Key Terms Commutation of sentence (p. 187) a reduction in the severity or length of an inmate’s sentence issued by a state governor or the president of the United States Consolidated model (p. 195) the system in which the organization of decision-making about parole as a function of a state department of corrections Diversion (p. 186) a defendant is offered an alternative to criminal trial and a prison sentence, such as drug courts, boot camps, and treatment programs Executive pardon (p. 187) an act by a governor or the president that forgives the prisoner and rescinds the sentence Good-time credit (p. 187) a strategy of crediting inmates with extra days served toward early release in an effort to encourage them to obey rules and participate in programs Indeterminate sentence (p. 193) a sentence in which the defendant is sentenced to a prison term with a minimum and a maximum number of years to serve Irish system (p. 193) an early form of parole invented by Sir Walter Crofton on the basis of the mark system, in which prisoners were released conditionally on good behavior and were supervised in the community Mandatory release (p. 186) the release of prisoners required by law after they have served the entire length of their maximum sentence Mark system (p. 192) an early form of parole invented by Alexander Maconochie in which prisoners demonstrated their rehabilitation by earning points for good behavior 53

Parole board (p. 194) individuals appointed to a body that meets in prisons to make decisions about granting parole release to inmates Parole d’honneur (p. 192) origin of parole based on the concept of releasing prisoners “on their honor” after serving portion of their sentence but before the maximum term Parole hearings (p. 196) meetings with the inmates, attorneys, and others in which the parole board decides whether to grant, deny, or revoke parole Probation (p. 188) conditional release of a convicted offender prior to his or her serving any prison time Probation officer (p. 189) a state or federal professional employee who reports to the courts and supervises defendants released from prison on parole Sex offender registries (p. 196) open-access online databases identifying known sex offenders on parole, maintained to protect communities and potential victims Standard conditions of release (p. 198) federal and state guidelines with rules with which parolees must comply to meet their conditions of release Suspended sentence (p. 186) another term for probation, based on the fact that convicted offenders must serve their full sentences if they violate the terms of release Technical violation (p. 191) grounds for imprisonment of probationer or parolee based on his or her violation of the condition of release Ticket of leave (p. 192) in the mark system, unconditional release from prison purchased with marks earned for good behavior.

Chapter Summary The growing number of offenders and the high cost of prisons have resulted in the early release of millions of inmates. The types of early release include: mandatory release, goodtime release, pardon, commutation of sentence, probation, and parole. The historic practice of probation originated with shoemaker John Augustus of Boston in the mid-1800s. Probation is a suspended sentence, granted by the trial judge on the basis of information contained in the presentence investigation report.

Probation and parole have many advantages, including lower cost, creating more beds space for jails and prisons, and the ability to use community resources to help rehabilitate offenders.

Disadvantages include potential dangers to the community and repeat offending. Probation can be revoked for a technical violation, noncompliance with court officers, or the commission of a new crime. Probationers and parolees have some due process rights in the revocation of release.

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Parole is conditional early release from prison and is granted by the parole board, which is responsible for deciding which prisoners are released early. Parole hearings do not have to provide the same constitutional rights to inmates that they receive at criminal trials. The origins of parole are found in Maconochie’s mark system and the Crofton’s Irish system. Inmates who receive parole must abide by certain conditions and comply with laws and terms of treatment.

Parole can be revoked, but the parolee is entitled to notice and a revocation hearing.

Probation and parole officers perform presentence investigation reports and supervise offenders on conditional release in the community. Probation and parole officers act as case workers and law enforcement officers in supervising their clients.

Suggested Classroom Activities 1. Invite a local circuit or district judge to class to discuss issues involved in both granting and revoking probation.

2 Invite a probation officer to class to discuss his or her job role and duties.

3. Invite a parole officer to class to discuss his or her job role duties. Have them explain the revocation process.

4. Ask students to identify factors they believe lead to such a high rate of recidivism. Sup 5. Obtain forms used by probation or parole officers used to document their daily activity and display them for the class to see.

Media to Explore Go to www.cor.state.ky.us to view the Commonwealth of Kentucky Offender Online Lookup.

Visit the Federal Bureau of Investigations national sex offender registry portal at www.fbi.gov/hq/cid/cac/registry.htm to select a state to view the sex offender registry for that state.

Go to www.appa-net.org to view the Web site of the American Probation and Parole Association.

Go to www.ojp.usdoj.gov/bjs/pandp.htm to view the Web site of the Bureau of Justice Statistics to see statistics regarding probation and parole data. This Web site is useful for obtaining current and historical data for papers.

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Chapter 11 Corrections in the Community Chapter Outline I. Why Intermediate Sentences?

II. Incarceration Fails to Prepare Offenders for Reentry III. Concern for Community Safety IV. Intermediate Sanctions and Community Corrections •

Intensive Probation Supervision

•

Split Sentencing and Shock Probation

•

Shock Incarceration: Boot Camps

•

Home Confinement and Electronic Monitoring

V. Reentry Programs: Preparing Offenders to Take Responsibility •

Work Release

•

Education Release

•

Halfway Houses

•

Day Reporting Centers

VI. Reentry Programs for Drug Offenders •

Adult Drug Courts

•

Tribal Drug Courts

•

TASC and RSAT

•

Try, Try Again

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Learning Objectives After completion of this chapter, students should be able to: 1. Explain why federal and state government are turning to community corrections sanctions.

2. Describe opposition to community corrections sanctions.

3. Describe the various sanctions used by the criminal justice system.

4. Detail new strategies being used to promote reentry into the community for ex-offenders.

5. Explain the purpose of adult drug court.

Key Terms Community based corrections (p. 208) prevention and treatment programs designed to promote the successful transition of offenders from prison to the community.

Day reporting center (p. 218) an intermediate sanction to provide a gradual adjustment to reentry under closely supervised conditions Drug court (p. 219) an approach that provides drug offenders the opportunity for intermediate sanctions, community treatment, and intensive probations supervision instead of prison time Education release (p. 217) a program in which inmates are released to attend college or vocational programs.

Electronic monitoring (p. 213) an approach in home confinement programs that ensures compliance through electronic means Faith-based programs (p. 215) programs provided by religious-based and church-affiliated groups; their role in rehabilitation is controversial because they receive federal money and may combine religious instruction with rehabilitation.

Halfway house (p. 217) a transition program that allows inmates to move from prison to the community in steps Home confinement (p. 213) a court-imposed sentence requiring offenders to remain confined in their own residences.

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Intensive probation supervision (p. 211) probation supervised by probation and parole officers with smaller caseloads, placing a greater emphasis on compliance with the conditions of supervision Intermediate sanctions (p. 210) punishments that restrict offenders’ freedom without imprisoning them and that consist of community-based prevention and treatment programs to promote the successful transition of offenders from prison to the community.

Residential Substance Abuse Treatment (p. 220) a federal assistance program that helps states provide for treatment instead of prison for substance abusers.

Revolving door syndrome (p. 220) the repeated arrest and incarceration of an offender Shock incarceration (p. 212) programs (boot camps) that adapt military-style physical fitness and discipline training to the correctional environment Shock probation (p. 212) a sentence for a first-time, nonviolent offender, who was not expecting a sentence, intended to impress on the offender the possible consequences of his or her behavior by exposure to a brief period of imprisonment before probation Split sentencing (p. 212) after a brief period of imprisonment, the judge brings the offender back to court and offers the option of probation Treatment Accountability Abuse Treatment (p. 220) a federal assistance program that helps states break the addiction-crime cycle Tribal Healing to Wellness Courts (p. 220) Native American drug treatment programs that adapt traditional cultural beliefs and practices Work release (p. 215) a program that allows facilities to release inmates for paid work in the community

Chapter Summary An over whelming number of offenders are currently returning from prison to the community. Often they fail in their attempt to reenter the community as law-abiding citizens.

Given the disappointment with traditional probation and parole programs, new programs are being tried with the aim of better protection for the community and more successful reentry into the community. New programs include: intermediate sanctions and community-based corrections.

Intensive probation supervision (IPS) is used to emphasize strict accountability to the conditions of probation. Split sentencing and shock probation require the offender to spend a brief period of time in prison before being granted supervised release in the community. Shock 58

incarceration is accomplished through boot camps for adult and juvenile offenders. Home confinement is an intermediate sanction that requires offenders to remain within the home unless specifically authorized to leave. Electronic monitoring effectively and efficiently ensures that offenders remain at home.

Community-based treatment programs such as work release and education release help offenders to obtain work or education so that they will be successful when they reenter the community. Halfway houses are programs designed to help inmates make the transition from prison back into the community. Halfway houses provide offenders with restricted freedoms within the community during the last part of their sentence. Day reporting centers are used as intermediate sanctions to keep offenders out of prison, with relatively low recidivism rates.

Suggested Classroom Activities 1. Take a poll of your students to determine how many would be comfortable living near a halfway house.

2. Have students write out a strategy to help offenders’ reintegrate back into the community.

3. Have students identify and list local support groups they believe could assist those on probation or parole.

4. Assign a group project for students to explore local church groups to see if any offer faithbased assistance to inmates.

5. Supervise a debate on whether or not home confinement is an effective sanction.

Media to Explore For data and resources on corrections, see www.nicic.org/Features/Library/, the library services of the National Institute of Corrections. This is an excellent Web site for gathering data for academic papers.

See www.allencountycorrections.com/ to visit the home page of the Allen County Community Corrections – Fort Wayne, Indiana Web site. Established in 1984, by the Community Corrections Advisory Board, Allen County Community Corrections is one of the most comprehensive community corrections programs in the nation.

Go to www.judiciary.state.nj.us/drugcourt/index.htm to obtain information about the New Jersey Adult Drug Court programs.

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To view information about state “boot camps” see www.state.nj.us/corrections/cia/srp.html for information about New Jersey’s program and for information about Georgia’s boot camp programs see www.dcor.state.ga.us/Divisions/Corrections/BootCamps.html To view information about Kentucky’s drug court see www.courts.ky.gov/stateprograms/drugcourt/ To view information about New York’s veterans court see www.erie.gov/veterans/veterans_court.asp

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Chapter 12 The Juvenile System Chapter Outline I. A Changing View of Young Offender II. Development of the Juvenile Justice System •

Before There Was a Juvenile Justice System

•

Foundations of the Juvenile Justice System

III. The Youthful Offender and the Criminal Justice System •

Classification of Juvenile Offenders

•

Due Process for Juveniles

•

Privacy of Juvenile Court Proceedings

IV. Juvenile Justice System in the Twenty-First Century •

Juvenile Justice and Delinquency Prevention Act

•

Judicial Waiver: Abandoning the Great Experiment

•

Mens Rea and Youthful Violent Offenders

V. Processing the Youthful Offender through the System •

Intake

•

Deciding Between Juvenile and Adult Jurisdiction

•

The Juvenile Intake Officer: Gatekeeper and Counselor

•

Formal Processing

•

Adjudication

•

Detention and Probation (Aftercare) 61

•

Juvenile Death Penalty

VI. The Juvenile as Offender •

Sociological Explanations

•

OJJDP’s Study Group on Very Young Offenders

•

Youth Gangs

•

Juvenile Substance Abuse

VII. Schools and Juvenile Violence •

Strategies for Safe Schools

•

Responding to Violence on School Property

•

Reducing Bullying

•

Increasing Police Presence

•

Some School Safety Programs Create New Problems

•

The Juvenile as Victim

•

Innocence Lost?

Learning Objectives After completion of this chapter, students should be able to: 1. Describe the goals of the juvenile criminal justice system.

2. Discuss major court cases that shaped due process rights of juvenile offenders.

3. Explain why states are beginning to hold juveniles more accountable for crime.

4. Detail how juveniles are processed through the juvenile justice system.

5. Talk about strategies being used to reduce violence in schools.

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Key Terms Blended sentencing option (p. 236) an option that allows the juvenile court or the criminal court to impose a sentence that can include both confinement in a juvenile facility and/or confinement in an adult prison after the offender is beyond the age of the juvenile court’s jurisdiction.

Breed v. Jones (p. 234) a case in which the Supreme Court ruled that once a juvenile has been adjudicated by a juvenile court, he or she cannot be waived to criminal court to be tried for the same charges.

Burden of proof (p. 233) the standard required for adjunction.

DARE (p. 249) one of the most popular in-school drug education programs Delinquency petition (p. 240) a request to a judge to hear and judge a juvenile case in a formal hearing for the purpose of determining whether the juvenile is to be declared delinquent.

Delinquent (p. 231) a juvenile accused of committing an act that is criminal for both adults and juveniles.

Hybrid gangs (p. 247) a new type of youth gang with distinctive characteristics that differentiate them from traditional gangs; they are frequently school based, less organized, less involved in criminal activity, and less involved in violence than are traditional gangs.

In re Gault (p. 232) a case in which the Supreme Court provided due process rights to juveniles, including notice of charges, counsel, right to examine witnesses, and right to remain silent.

In re Winship (p. 233) a case in which the Supreme Court ruled that the reasonable doubt standard, the same used in criminal trials, should be required in all delinquency adjudications.

Intake (p. 238) the process whereby a juvenile enters the juvenile justice system.

Juvenile adjudication hearing (p. 240) the formal hearing conducted by a juvenile judge to conduct an inquiry of the facts concerning a case and to decide the disposition of the case and any rehabilitation, supervision, or punishment for the juvenile.

Juvenile boot camp (p. 243) a military-style group-oriented rehabilitation program designed to alter the character and values of the juvenile offender.

Juvenile court (p. 231) a court that handles juvenile welfare cases and cases involving status offenders and delinquents; some juvenile courts may handle additional matters related to the family.

Juvenile drug court (p. 241) an alternative to the traditional adjudication process for juveniles with substance abuse problems that focuses on rehabilitation and eliminating drug abuse

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Juvenile intake officer (p. 239) a person who is responsible for both processing a juvenile into the juvenile justice system and for aftercare if the juvenile is adjudicated, and has duties similar to a police officer and a probation and parole officer.

Juvenile Justice and Delinquency Prevention Act of 1974 (p. 234) a law that sets federal standards for the treatment and processing of juveniles in the criminal justice system.

Juvenile superpredator (p. 231) OJJDP term used to describe juveniles who commit violent felony crimes.

Kent v. United States (p. 231) a 1961 Supreme Court case that marked the departure of the Supreme Court from its acceptance of the denial of due process rights to juveniles.

McKeiver v. Pennsylvania (p. 234) a case in which the Supreme Court denied juveniles the right to a trial by jury.

New York House of Refuge (p. 229) an early juvenile reformatory established by New York State in 1824 that was to become the model for most juvenile reformatories.

Original jurisdiction (p. 230) the concept that juvenile court is the only court that has authority over juveniles, so they cannot be tried, for any offense, by a criminal court unless the juvenile court grants its permission for the accused juvenile to be waived to criminal court.

Parens Patriae (p. 230) the legal assumption that the state has primary responsibility for the safety and custody of children Roper, Superintendent, Potosi Correctional Center v. Simmons (p. 244) a case in which the Supreme Court held that the Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed.

Schall v. Martin (p. 234) a case in which the Supreme Court upheld the right of juvenile courts to deny bail to adjudicated juveniles.

Status offender (p. 231) a child who has committed an act or failed to fulfill a responsibility for which, if he or she were an adult, the court would not have any authority over him or her.

Statutory exclusion (p. 236) provisions that allow for the transfer of juveniles to criminal court without review and approval of a juvenile court for certain crimes.

Waiver (p. 236) the process of moving a juvenile from the authority of juvenile court to the adult criminal justice system.

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Chapter Summary The goal of the juvenile justice system is to divert youthful offenders away from the criminal justice system whenever possible. The historic foundation to helping juveniles can be traced to the New York House of Refuge in the early 1800s. By the end of the Nineteenth century it was clear that there was a crisis in the criminal justice system with regard to juveniles. Hence, the first juvenile court was established in Cook County, Illinois.

During the Warren Court Era, the U.S. Supreme court took a more hands-on approach to examining due process rights for juveniles. During the twenty-first century the Juvenile Justice and Delinquency Prevention Act became a source of federal funding aimed at improving service and facilities for juveniles. A significant number of today’s youthful offenders have mental health issues, as well as disorders related to substance abuse.

Suggested Classroom Activities 1. Invite a judge from a juvenile court to come to class and discuss current problems facing the juvenile court process.

2. Take a poll of the class and ask them if they believe the juvenile justice system to be too lenient or too harsh.

3. Have students explore and make a list of local groups that offer support to at risk juveniles.

4. Lead a debate regarding whether or not capital punishment is appropriate for juveniles offenders.

5. Have the class develop a list of reasons for the rise in youth gang membership.

Media to Explore The Office of Juvenile Justice and Delinquency Prevention provides many resources on juvenile justice. To view OJJDP’s homepage, go to www.ojjdp.ncjrs.org To find the complete text of U.S. Supreme Court decisions such as Winship, Gault, and Kent, go to www.findlaw.com/casecode/supreme.html You can view the complete text of the Juvenile Justice and Delinquency Prevention Act at www.ncjrs.org/txtfiles/ojjjjact.txt Information about the national drug policy of the White House can be viewed at www.whitehousedrugpolicy.gov

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The FBI provides a portal for access to the various state sex offender registry Web sites at www.fbi.gov/hq/cid/cac/registry.htm For information about juvenile gangs see the NCJRS resources at www.ncjrs.gov/app/topics/Topic.aspx?TopicID=147

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Chapter 13 Homeland Security Chapter Outline I. Terrorism, Homeland Security, and the Criminal Justice System •

What Is Terrorism?

•

Domestic and International Terrorism

II. September 11, 2001: The Tipping Point •

Capacity of State and Local Criminal Justice Systems Questioned

•

The New Federalism for Counterterrorism

•

Department of Homeland Security: Building a Better Defense

•

Mission and Organization of the Department of Homeland Security

III. Multiple Agency Coordination •

United States Government Interagency Domestic Terrorism Concept of Operations Plan

•

Responsibilities of Federal Agencies

•

First Responders

•

Intelligence and Homeland Security

•

Post-September 11, 2001, Intelligence Reforms

•

Joint Local–Federal Counterterrorism Task Forces

•

Informal Intelligence Networks

•

Fusion Centers

IV. Expanding Federal Power to Fight Terrorism •

Enemy Combatant Executive Order 67

•

The USA Patriot Act

V. Fortress Urbanism: Terror-Focused Policing •

Homeland Defense: Straining Police Resources

VI. Closing the Borders to Terrorists •

Sealing the Borders

•

Immigration Control and Enforcement

•

Criticisms of Border Security

•

State and Local Actions to Curtail Illegal Immigration

•

National Identification Card

•

CyberTerrorism and Homeland Security

VII. Civil Rights and Homeland Security •

Fewer Liberties, Greater Security?

•

Free Speech and Protest Versus Terrorism

•

Denial of Due Process

•

Turning the Criminal Justice System Upside Down

Learning Objectives After completion of this chapter, students should be able to: 1. Explain how terrorism has affected the criminal justice system.

2. Detail how the United States reorganized law enforcement agencies to respond to terrorism.

3. Give examples of how fear of terrorist attacks influence legislation, homeland security strategies, and search and seizure.

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4. Specify concerns about the impact of homeland security legislation and law enforcement powers with regard to constitutional rights.

Key Terms Department of Homeland Security (p. 264) a newly created federal agency responsible for a wide range of security measures to protect against terrorist attacks.

Domestic terrorism (p. 262) acts of terrorism committed in the United States by individuals or groups that do not have ties with or sponsorship from foreign states or organizations.

Enemy Combatant Executive Order (p. 270) was issued by President Bush, providing for the detention of terrorists without access to due process rights.

First responders (p. 267) law enforcement, firefighters, and medical personnel who are the first to respond to a crisis and incident.

Habeas Corpus (p. 271) a writ or request to the court to review whether a person is imprisoned lawfully and alleges that a person is detained or imprisoned illegally.

Homeland Security Advisory System (p. 274) a daily color-coded threat advisory to government agencies, police, and the public that recommends appropriate actions in response to the forecasted risk of terrorists attack.

Immigration and Customs Enforcement (p. 276) a new federal agency under the DHS responsible for enforcement of immigration laws International Terrorism (p. 261) terrorism perpetrated by state-sponsored groups, international terrorist organizations, and loosely affiliated international extremists’ groups.

Joint Local-Federal Counterterrorism Task Force (JTTF) (p. 269) a working group of FBI and state and or local law enforcement officers that focuses on preventing terrorism by their joint cooperation and intelligence sharing Lead Federal Agency (p. 266) the agency that is designated as being primarily in charge of an incident and has the power to direct the actions of other agencies and to call for the use of their resources, even though the lead agency may not have direct authority over these other agencies.

Material Witness Law (p. 280) a law that allows for the detention of a person who has not committed a crime but is suspected of having information about a crime and might flee or refuse to cooperate with law enforcement officials.

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National Security Decision Directives (p. 270) directives issued by the president that are binding on federal agencies under executive command; NSDDs may proscribe actions to be taken by the agency or may direct the agency to take certain actions.

No-fly list (p. 277) a secret list maintained by the Department of Homeland Security that lists the names of persons who are prohibited from flying on a commercial airplane under any circumstances; it also contains the names of persons who should receive additional screening prior to being allowed to board an aircraft.

Racial profiling (p. 277) allegations that police search and seizures, traffic stops, field interrogations, and arrests are made on non-behavioral factors related to race and/or ethnicity rather than suspicious behavior or probable cause Real ID Act (p. 278) proposed legislation that would require all state driver licenses to conform to uniform standards set by the Department of Homeland Security.

Rendition (p. 281) the illegal transportation of a person to a foreign country for the purpose of having officials of that country interrogate the person using torture or practices not permitted in the United States.

Smart passports (p. 276) new passports that will contain machine-readable data about travelers.

Student and Exchange Visitor Information System (p. 276) a Web-based information database containing information on international students studying in the United States.

Terrorism (p. 261) premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents, usually intended to influence an audience.

Transportation Security Administration (TSA) (p. 265) a newly created agency under the Department of Homeland Security that is responsible for airport security and passenger screening.

United States Government Interagency Domestic Terrorism Concept of Operations Plan (p. 266) federal guidelines that designate which federal agency is the lead agency responsible for command and control in the event of a terrorist incident involving multiple federal agencies.

Urban fortresses (p. 273) cities that have adopted extensive and visible physical security measures and barriers in response to the threat of terrorist attack.

USA Patriot Act (p. 272) legislation that gives federal law enforcement agencies expanded powers to detect, detain, and prosecute suspected terrorists.

United States Visitor and Immigrant Status Indicator Technology (p. 276) a new system of registering the entry of foreign visitors to the United States and tracking when and where they exit the United States.

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Chapter Summary Terrorism is a tactic that involves the use of random attacks upon noncombatants and physical targets to cause general disruption and widespread fear. The general public as well as the federal government question whether or not local and state law enforcement have the infrastructure, resources, training, and ability to respond to attacks by international terrorists.

The FBI makes a distinction between international terrorism and domestic terrorism. The term domestic terrorism includes militias, extremists groups and ecoterrorism. Whereas Al Qaeda is viewed as an international terrorists group, primary responsible for attacks on U.S. soil.

Following September 11, 2001, the latest attacks the federal government declared a War on Terrorism and has taken numerous actions that have reduced the importance of state and local criminal justice agencies in fighting terrorism. The FBI and the Department of Homeland Security have assumed the primary responsibility for counterterrorism. The Department of Homeland Security was the most significant reorganization of the U.S. government since 1947.

The DHS consolidated 22 Federal agencies and 180,000 employees to create a single agency whose primary mission is to protect the United States.

Multiple agency coordination is considered essential in order to respond effectively to a terrorist attack. Local and state police are considered first responders to terrorist attack but the federal government still assumes the primary responsibility for responding to a terrorist attack.

There have been disagreements between police and fire departments as to who should be the lead agency as first responder to a terrorist attack.

Based upon the fear of terrorism, many U.S. cities are being transformed into urban fortresses with new physical security measures. Additionally, the FBI and the Department of Homeland Security have been given expanded intelligence powers and they are now permitted to share intelligence with the Central Intelligence Agency. Closing the borders to terrorists is a major goal of the federal government and many new initiatives have been adopted to achieve this goal. Some argue that the cost of greater security has been fewer individual liberties. Of particular concern are losses of First Amendment, Fourth Amendment and other due process rights.

Racial profiling is just one of many dangers in the federal response to terrorism.

Suggested Classroom Activities 1. Have students describe recent experiences in security when they traveled by plane.

2. Take a poll regarding student confidence in the federal government’s ability to thwart a terrorist attack.

3. Ask students to list transportation areas where they believe the government should increase security measures.

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4. Have students detail ways in which boarder security could be improved.

5. Ask students if they believe anyone in your city has been the victim of racial profiling as a possible terrorist? Why so?

Media to Explore The U.S. Department of State Web site www.state.gov contains information about travel warnings, crisis awareness, and preparedness, as well as information about countries and regions.

See www.dhs.gov for more information about the Department of Homeland Security.

See www.intelligence.gov to access information about the United States Intelligence Community and the Department of Homeland Security intelligence units.

The electronic portal for applying for positions with the Department of Homeland Security (and other government positions) is http://jobsearch.usajobs.opm.gov/dhscarreers/ See www.cia.gov for information about the Central Intelligence Agency.

You can access the homepage of the American Civil Liberties Union at www.aclu.org. Although not dedicated to the topic of homeland security, the Web site frequently contains critiques of antiterrorism legislation, policies, and government actions.

See www.epic.org/privacy/id-cards/ for additional information about national identification cards.

Go to www.ready.gov for information on personal crisis preparedness and plans for disaster survival.

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TEST BANK Chapter 1: Criminal Justice 1. a. b. c. d.

Ensuring that citizens are protected from abusive power by government is known as civil process. equal cause. due process. equal process.

Answer: c. due process. p. 9 Easy Objective 1-2 How does the balance between the need to maintain order and the rights and freedoms of individual citizens impact our criminal justice system?

2.

Following the events of September 11, 2001, then President Bush declared a

a. b. c. d.

War on Poverty.

War on Terrorism. state of emergency. foreign travel ban.

Answer: b. War on Terrorism. p. 5 Easy Objective 1-1 What historical events influenced the development of our current criminal justice system?

3. a. b. c. d.

What was viewed as the most serious problem in the United States according to a Gallup Poll in 1965? crime health care abortion education

Answer: a. crime p. 5 Easy Objective 1-1 What historical events influenced the development of our current criminal justice system?

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4. a. b. c. d.

The Omnibus Crime Control and Safe Streets Act of 1968 created the Law Enforcement Review Board.

Law Enforcement Training Center.

Law Enforcement Inspection Administration.

Law Enforcement Assistance Administration.

Answer: d. Law Enforcement Assistance Administration. p. 5 Easy Objective 1-1 What historical events influenced the development of our current criminal justice system?

5. a. b. c. d.

A social system designed to maintain order and regulate interaction is known as a(n) system of sanctions. system of social control. informal control system. system of norms.

Answer: b. system of social control. p. 6 Easy Objective 1-2 How does the balance between the need to maintain order and the rights and freedoms of individual citizens impact our criminal justice system?

6. a. b. c. d.

The author suggests in an analogy that the criminal justice system's various levels of government operations are separate, but linked together in comparison to a wedding cake. a riddle. a filter. a picket fence.

Answer: d. a picket fence. p. 8 Easy Objective 1-4 What are the steps of the criminal justice system?

7.

b. c. d.

In the 1960s President Johnson's Commission on Law Enforcement and Administration of Justice concluded that a. there needed to be a war on terrorism. people were in favor of being vigilantes. police corruption was at a minimum. people feared crime and had lost confidence in the police.

Answer: d. people feared crime and had lost confidence in the police. p. 5 Intermediate 74

Objective 1-1 What historical events influenced the development of our current criminal justice system?

8. a. b. c. d.

The enforcement of laws by the police, the courts, and correctional institutions comprise the due process model. criminal justice system. crime control model. consensus model.

Answer: b. criminal justice system. p. 6 Easy Objective 1-2 How does the balance between the need to maintain order and the rights and freedoms of individual citizens impact our criminal justice system?

9. a. b. c. d.

Which model would view a criminal justice system that fights crime and protects potential victims? crime control model due process model consensus model presumption model

Answer: a. crime control model p. 9 Easy Objective 1-2 How does the balance between the need to maintain order and the rights and freedoms of individual citizens impact our criminal justice system?

10. a. b. c. d.

Which branch of the Law Enforcement Assistance Administration promoted education among criminal justice personnel?

Law Enforcement Education Program Law Enforcement Professionalization Program Law Enforcement College Program Law Enforcement Educational Standards

Answer: a. Law Enforcement Education Program p. 5 Easy Objective 1-3 What are the strengths and weaknesses of the U.S. criminal justice system?

11. a. b. c.

Which of the following was not a phenomenon that has driven interest in the criminal justice system? declining birth rate the Civil Rights Movement the Vietnam War 75

d.

the terrorists attacks of September 11, 2001

Answer: a. declining birth rate p. 4 Easy Objective 1-1 What historical events influenced the development of our current criminal justice system?

12. a. b. c. d.

Which act made it illegal for businesses, motels, restaurants, and public transportation providers to deny citizens service based upon their race?

Civil Rights Act of 1866 Civil Rights Act of 1871 Civil Rights Act of 1964 Civil Rights Act of 1991

Answer: c. Civil Rights Act of 1964 p. 4 Easy Objective 1-1 What historical events influenced the development of our current criminal justice system?

13. a. b. c. d.

One of the important goals of the American criminal justice system is to maintain a balance between which of the following? individual liberties and social order the need to change laws and the desire to remain the same the civilian criminal justice system and the United States military keeping the United States safe from terrorist attacks

Answer: a. individual liberties and social order p. 9 Intermediate Objective 1-2 How does the balance between the need to maintain order and the rights and freedoms of individual citizens impact our criminal justice system?

14. a. b. c. d.

Civil disobedience was a tactic used by activists in which of the following? rioting the War on Terrorism the Civil Rights Movement the War on Crime

Answer: c. the Civil Rights Movement p. 4 Easy Objective 1-1 What historical events influenced the development of our current criminal justice system?

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15. a. b. c. d.

Who has the authority to decide what charges will be filed at the time of arraignment? the police the prosecutor the trial judge the police, prosecutor, and judge share equal authority

Answer: b. the prosecutor p. 11 Easy Objective 1-4 What are the steps of the criminal justice system?

16. a. b. c. d.

If a defendant is convicted in a criminal trial, upon what grounds can the defendant appeal the case to a higher court?

The defendant can appeal upon the grounds that the trial verdict took too long.

The defendant can appeal upon the grounds that the prosecutor was zealous.

The defendant can appeal upon the grounds that the jury did not visit the scene of the crime.

The defendant can appeal upon the grounds that judicial errors had an influence upon the verdict.

Answer: d. The defendant can appeal upon the grounds that judicial errors had an influence upon the verdict. p. 12 Intermediate Objective 1-4 What are the steps of the criminal justice system?

17. a. b. c. d.

At what point in the criminal justice process is the defendant asked to enter a formal plea of either guilty or not guilty to the charges? arraignment booking grand jury preliminary hearing

Answer: a. arraignment p. 11 Easy Objective 1-4 What are the steps of the criminal justice system?

18. a. b. c. d.

Which of the following pretrial activities would a suspect first encounter in the criminal justice process? initial appearance preliminary hearing bond reduction hearing request for a trial by jury

Answer: a. initial appearance 77

p. 11 Easy Objective 1-4 What are the steps of the criminal justice system?

19. a. b. c. d.

Which panel of citizens hears evidence from a prosecutor to determine if a defendant should be brought to trial?

Coroner's Inquest Petite Jury Grand Jury Citizen Oversight Committee

Answer: c. Grand Jury p. 11 Easy Objective 1-4 What are the steps of the criminal justice system?

20. a. b. c. d.

The Criminal Justice Funnel suggests that most criminal cases render an innocent verdict. never make it to formal trial. never receive a plea-bargain. are dismissed from court.

Answer: b. never make it to formal trial. p. 13 Intermediate Objective 1-4 What are the steps of the criminal justice system?

21. a. b.

During the 1960s and 1970s Gallup surveys showed respondents felt the police were doing an excellent job in maintaining social order and suppressing crime. true false

Answer: b. false p. 5 Easy Objective 1-1 What historical events influenced the development of our current criminal justice system?

22. a. b.

The goal of the Law Enforcement Education Program was to promote education among criminal justice personnel. true false

Answer: a. true p. 5 Easy 78

Objective 1-3 What are the strengths and weaknesses of the U.S. criminal justice system?

23. a. b.

The war on terrorism has lessened the powers of police in conducting search and seizures. true false

Answer: b. false p. 5 Easy Objective 1-1 What historical events influenced the development of our current criminal justice system?

24. a. b.

A social system designed to maintain order and regulate interactions is known as a system of social control. true false

Answer: a. true p. 6 Easy Objective 1-2 How does the balance between the need to maintain order and the rights and freedoms of individual citizens impact our criminal justice system?

25.

a. b.

The first Ten Amendments (Bill of Rights) to the U.S. Constitution delineate certain guaranteed freedoms such as trial by jury, freedom of speech, and the right to be secure from unreasonable search and seizure. true false

Answer: a. true p. 7 Easy Objective 1-2 How does the balance between the need to maintain order and the rights and freedoms of individual citizens impact our criminal justice system?

26. a. b.

The Eighth Amendment to the U.S. Constitution states that the accused shall enjoy the right to a speedy trial. true false

Answer: b. false p. 7 Easy Objective 1-2 How does the balance between the need to maintain order and the rights and freedoms of individual citizens impact our criminal justice system?

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27. a. b.

The Tenth Amendment to the U.S. Constitution states that powers not delegated to the United States are reserved to the individual states. true false

Answer: a. true p. 7 Easy Objective 1-2 How does the balance between the need to maintain order and the rights and freedoms of individual citizens impact our criminal justice system?

28. a. b.

The Fifth Amendment to the U.S. Constitution provides for use of the grand jury system for the purpose of indictment. true false

Answer: a. true p. 7 Easy Objective 1-2 How does the balance between the need to maintain order and the rights and freedoms of individual citizens impact our criminal justice system?

29. a. b.

The process and flow of an offender through the criminal justice system is overseen by one agency. true false

Answer: b. false p. 8 Easy Objective 1-3 What are the strengths and weaknesses of the U.S. criminal justice system?

30. a. b.

The emphasis on efficient and effective justice is known as the due process model of crime control. true false

Answer: b. false p. 9 Easy Objective 1-3 What are the strengths and weaknesses of the U.S. criminal justice system?

31. a.

In felony cases, a grand jury decides whether there is sufficient probable cause to indict someone. true 80

b.

false

Answer: a. true p. 11 Easy Objective 1-4 What are the steps of the criminal justice system?

32. a. b.

An initial appearance is a formal request by the prosecution or the defense for a ruling on a particular matter. true false

Answer: b. false p. 11 Easy Objective 1-4 What are the steps of the criminal justice system?

33. a. b.

In a bench trial, the jury has the authority to determine the sentence if the defendant is found guilty. true false

Answer: b. false p. 12 Easy Objective 1-4 What are the steps of the criminal justice system?

34. a. b.

The charges against the defendant are announced at arraignment. true false

Answer: a. true p. 11 Easy Objective 1-4 What are the steps of the criminal justice system?

35. a. b.

Probation is an early release from a maximum prison sentence. true false

Answer: b. false p. 12 Easy Objective 1-4 What are the steps of the criminal justice system?

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36.

In felony cases, the __________ hears evidence from a prosecutor to determine if a defendant should be brought to trial.

Answer: a. grand jury p. 11 Easy Objective 1-4 What are the steps of the criminal justice system?

37.

The original ten amendments added to the U.S. Constitution were named the __________.

Answer: a. Bill of Rights p. 7 Easy Objective 1-2 How does the balance between the need to maintain order and the rights and freedoms of individual citizens impact our criminal justice system?

38.

The Criminal Justice System is commonly divided into three sub-components: police, courts, and __________.

Answer: a. corrections p. 8 Easy Objective 1-4 What are the steps of the criminal justice system?

39.

Prior to the __________ Act of 1964, businesses, hotels, restaurants, and public transportation could and did refuse service with impunity to citizens of color.

Answer: a. Civil Rights p. 4 Easy Objective 1-1 What historical events influenced the development of our current criminal justice system?

40.

__________ are the expected behavior in a society.

Answer: a. Social norms p. 6 Easy Objective 1-2 How does the balance between the need to maintain order and the rights and freedoms of individual citizens impact our criminal justice system?

41.

A social system designed to maintain order and regulate interactions is referred to as a formal system of ________.

Answer: a. social control p. 6 Easy 82

Objective 1-2 How does the balance between the need to maintain order and the rights and freedoms of individual citizens impact our criminal justice system?

42.

The __________ Amendment governs search and seizure practices.

Answer: a. Fourth p. 7 Easy Objective 1-2 How does the balance between the need to maintain order and the rights and freedoms of individual citizens impact our criminal justice system?

43.

The __________ Amendment prohibits cruel and unusual punishment.

Answer: a. Eighth p. 7 Easy Objective 1-2 How does the balance between the need to maintain order and the rights and freedoms of individual citizens impact our criminal justice system?

44.

The __________ Amendment states in part that "No person shall be held to answer for a capital, or other infamous crime, unless on a presentment or indictment of a grand Jury."

Answer: a. Fifth p. 7 Easy Objective 1-2 How does the balance between the need to maintain order and the rights and freedoms of individual citizens impact our criminal justice system?

45.

____________ offers a convicted defendant the opportunity to avoid incarceration by fulfilling conditions set forth by the court.

Answer: a. Probation p. 12 Easy Objective 1-4 What are the steps of the criminal justice system?

83

Chapter 2: Crime: Why and How Much 1.

a. b. c. d.

Which one of the following events below is evidence to that the American colonists believed in evil spirits, supernatural explanations, and used the judicial process to rid the colonies of so-called satanic influences? the Salem witch trials the American Revolution the discovery of the asylum the Quaker movement

Answer: a. the Salem witch trials p. 18 Easy 2. a. b. c. d.

An attempt to define and explain factors that predict behavior under certain conditions is termed theories. case studies. data collection. causation determination.

Answer: a. theories. p. 18 Easy 3. a. b. c. d.

Theories that share the assumption of free will and rational choice are commonly called classical school theories. psychological theories. social determinism theories. biological theories.

Answer: a. classical school theories. p. 19 Easy Objective 2-1 What influence did classical and neoclassical criminological theorists have on modern criminology and the criminal justice system?

4. a. b. c. d.

Which one of the following men is credited with the formation of the neoclassical school of criminology?

Cesare Beccaria Jeremy Bentham Cesare Lombroso Sigmund Freud

Answer: b. Jeremy Bentham 84

p. 19 Easy Objective 2-1 What influence did classical and neoclassical criminological theorists have on modern criminology and the criminal justice system?

5. a. b. c. d.

Bentham's philosophy is called rationalism. positivism. utilitarianism. socialism.

Answer: c. utilitarianism. p. 20 Easy Objective 2-1 What influence did classical and neoclassical criminological theorists have on modern criminology and the criminal justice system?

6. a. b. c. d.

Whose theory of the "criminal man" was the first important positivist theory to emerge?

Richard Dugdale's theory Charles Darwin's theory Raffaele Garofalo's theory Cesare Lombroso's theory

Answer : d. Cesare Lombroso's theory p. 21 Easy Objective 2-2 How did earlier biological theories of crime evolve into the modern explanations of biological causation of crime?

7. a. b. c. d.

The central tenant of the positivist school of criminology is that criminal behavior is a matter of free-will and choice. a criminal's decision to commit crime is influenced by external factors. differences in gender aggression were related to survival of the species. criminals want to be punished for their crimes.

Answer: b. a criminal's decision to commit crime is influenced by external factors. p. 20 Intermediate 8. a. b. c. d.

Which perspective emphasized that a person's criminal nature was an inherited characteristic? the classical school early biological theories the social determinism school the psychoanalytic school

85

Answer: b. early biological theories p. 20 Easy Objective 2-2 How did earlier biological theories of crime evolve into the modern explanations of biological causation of crime?

9. a. b. c. d.

Cesare Lombroso, Richard Dugdale and William Sheldon were all proponents of moralism. biological determinism. psychological determinism. social determinism.

Answer: b. biological determinism. p. 20 Easy Objective 2-2 How did earlier biological theories of crime evolve into the modern explanations of biological causation of crime?

10. a. b. c. d.

Sigmund Freud based his theory on the underlying assumption that behavior is controlled by subconscious desires. a free-will choice. controlled by certain factors of heredity. influenced by body type.

Answer: a. controlled by subconscious desires. p. 22 Easy Objective 2-3 How can criminality be explained in terms of Freud’s psychoanalytic theory?

11. a. b. c. d.

Freudian theory argues that criminal behavior is a matter of free-will choice. crime is an inherited characteristic in one's biological make-up. crime is committed to alleviate feelings of guilt, so one will be punished. crime is caused by social factors and social forces beyond one's control.

Answer: c. crime is committed to alleviate feelings of guilt, so one will be punished. p. 22 Easy Objective 2-3 How can criminality be explained in terms of Freud’s psychoanalytic theory?

12. a. b. c. d.

Which of the following statements is not correct?

Freud himself focused on the study of criminal behavior.

Underlying Freud's theory is the concept of the id, the ego and the superego.

Psychoanalysis theory has been extensively applied to the study of criminals.

Biological theory of crime has been extensively applied to the study of criminals.

86

Answer: a. Freud himself focused on the study of criminal behavior. p. 22 Intermediate Objective 2-3 How can criminality be explained in terms of Freud’s psychoanalytic theory?

13. a. b. c. d.

Which of the following is not a sociological theory explaining criminal behavior? zone theory social disorganization differential association psychoanalytic theory

Answer: d. psychoanalytic theory p. 23 Easy Objective 2-4 What are the basic tenets of the major sociological explanations for criminal behavior?

14.

a. b. c. d.

Criminal offender John Doe grew up surrounded by poverty and other disruptive social forces. Which theory would argue that his criminal behavior was independent of individual characteristics? social disorganization differential association social control social conflict

Answer: a. social disorganization p. 23 Intermediate Objective 2-4 What are the basic tenets of the major sociological explanations for criminal behavior?

15.

a. b. c. d.

Chicago experienced unemployment problems, poor schools and substandard housing during the early part of the 20th century, hence criminal behavior could be expected in these zones according to Sutherland and Hirschi.

Merton and Miller.

Lombroso and Dugdale.

Shaw and McKay.

Answer: d. Shaw and McKay. p. 23 Intermediate Objective 2-4 What are the basic tenets of the major sociological explanations for criminal behavior?

87

16. a. b. c. d.

Which theory is based on the belief that structural factors such as poverty, illiteracy, lack of schooling, and unemployment are powerful forces that influence levels of crime? zone theory social disorganization theory social determinism theory anomie theory

Answer: a. zone theory p. 23 Intermediate Objective 2-4 What are the basic tenets of the major sociological explanations for criminal behavior?

17. a. b. c. d.

The differential association theory believes that criminal behavior is learned through association with a peer group that engages in criminal behavior and was created by Franz Gall.

Cesare Lombroso.

Edwin Sutherland.

James Becker.

Answer: c. Edwin Sutherland. p. 23 Easy Objective 2-4 What are the basic tenets of the major sociological explanations for criminal behavior?

18. a. b. c. d.

Lower class youth who reject middle-class values that they cannot achieve and create their own counterculture is termed reaction formation. social interaction. reject label. rebellion process.

Answer: a. reaction formation. p. 25 Easy Objective 2-4 What are the basic tenets of the major sociological explanations for criminal behavior?

19. a. b. c. d.

According to the Crime Clock discussed in the text, which of the following crimes occur most often? burglary aggravated assault larceny-theft murder

88

Answer: c. larceny-theft p. 33 Intermediate Objective 2-6 What agencies maintain accurate crime statistics, and how do these affect the criminal justice system?

20. a. b. c. d.

Which federal agency is responsible for collecting crime data?

ATF Office of the President FBI DEA

Answer: c. FBI p. 32 Easy Objective 2-6 What agencies maintain accurate crime statistics, and how do these affect the criminal justice system?

21. a. b.

The purpose of a theory is to define and explain the factors that influence or determine behavior and how the factors interrelate. true false

Answer: a. true p. 18 Easy 22. a. b.

Sigmund Freud argued that criminal behavior is a free will choice. true false

Answer: b. false p. 22 Easy Objective 2-3 How can criminality be explained in terms of Freud’s psychoanalytic theory?

23. a. b.

Feminist criminology assumes the cause of criminality among females is the inequality of power between men and women. true false

Answer: a. true p. 27 Easy Objective 2-4 What are the basic tenets of the major sociological explanations for criminal behavior?

89

24. a. b.

The belief that the punishment should fit the crime is a tenant of the positivist school. true false

Answer: b. false p. 19 Intermediate Objective 2-1 What influence did classical and neoclassical criminological theorists have on modern criminology and the criminal justice system?

25. a. b.

Sigmund Freud was considered a leading criminologist in his era. true false

Answer: b. false p. 22 Easy Objective 2-3 How can criminality be explained in terms of Freud’s psychoanalytic theory?

26. a. b.

Social determinism is the idea that social forces are the root cause of crime. true false

Answer: a. true p. 22 Easy Objective 2-4 What are the basic tenets of the major sociological explanations for criminal behavior?

27. a. b.

Shaw and McKay developed the theory of differential association. true false

Answer: b. false p. 23 Easy Objective 2-4 What are the basic tenets of the major sociological explanations for criminal behavior?

28. a. b.

The neutralization theory purports that criminals neutralize feelings of guilt through rationalization. true false

Answer: a. true 90

pp. 24-25 Easy Objective 2-4 What are the basic tenets of the major sociological explanations for criminal behavior?

29. a. b.

Conflict theories are based on the assumption that individuals lose self-control. true false

Answer: b. false p. 27 Easy Objective 2-4 What are the basic tenets of the major sociological explanations for criminal behavior?

30. a. b.

Victim-precipitation theories view the victim as randomly targeted by a criminal. true false

Answer: b. false p. 29 Easy Objective 2-5 How do the major victimology theories explain what factors influence victimization?

31. a. b.

The study of victims and how they were victimized is known as victimology. true false

Answer: a. true p. 28 Easy Objective 2-5 How do the major victimology theories explain what factors influence victimization?

32. a. b.

The hierarchy rule counts only the most serious crime in an incident involving multiple crimes. true false

Answer: a. true pp. 33-34 Easy Objective 2-6 What agencies maintain accurate crime statistics, and how do these affect the criminal justice system?

91

33. a. b.

The Uniform Crime Reports (UCR) are a useful database for examining crime trends. true false

Answer: a. true p. 33 Intermediate Objective 2-6 What agencies maintain accurate crime statistics, and how do these affect the criminal justice system?

34. a. b.

To be part of a clearance rate the suspect must be arrested, prosecuted, convicted and incarcerated. true false

Answer: b. false p. 34 Easy Objective 2-6 What agencies maintain accurate crime statistics, and how do these affect the criminal justice system?

35.

a. b.

The FBI recognized the shortcomings of the UCR crime data survey methods and has implemented a new system called the National Incident-Based Reporting System (NIBRS). true false

Answer: a. true p. 35 Easy Objective 2-6 What agencies maintain accurate crime statistics, and how do these affect the criminal justice system?

36.

Early theories from the Middle Ages to the Age of Enlightenment saw the cause of criminality as moral weakness and __________ .

Answer: a. evil spirits p. 18 Intermediate 37.

_________ is noted for developing the neoclassical school of criminology.

Answer: a. Jeremy Bentham p. 19 Easy

92

Objective 2-1 What influence did classical and neoclassical criminological theorists have on modern criminology and the criminal justice system?

38.

The study of physical traits by Cesare Lombroso was known as __________ .

Answer: a. atavistic stigmata p. 21 Easy Objective 2-2 How did earlier biological theories of crime evolve into the modern explanations of biological causation of crime?

39.

___________ was influenced in his research by Darwin's theory of adaptation.

Answer: a. Cesare Lombroso p. 21 Intermediate Objective 2-2 How did earlier biological theories of crime evolve into the modern explanations of biological causation of crime?

40.

_________ focuses on research into the roles played by genetic and neurophysiological variables as they relate to criminal behavior.

Answer: a. Biocriminology p. 22 Easy Objective 2-2 How did earlier biological theories of crime evolve into the modern explanations of biological causation of crime?

41.

Sigmund Freud based his theory on the underlying assumption that behavior is not a freewill choice but rather driven by __________ .

Answer: a. subconscious desires p. 22 Easy Objective 2-3 How can criminality be explained in terms of Freud’s psychoanalytic theory?

42.

___________ hypothesizes that inequality of politics and economics is at the root of female criminal behavior.

Answer: a. Feminist criminology p. 27 Easy Objective 2-4 What are the basic tenets of the major sociological explanations for criminal behavior?

93

43.

___________ theories are based on the concept that victims provoke or contribute to an attack.

Answer: a. Victim-Precipitation p. 29 Easy Objective 2-5 How do the major victimology theories explain what factors influence victimization?

44.

A theft occurs every 4.8 seconds, while a burglary occurs every 14.2 seconds according to the FBI's __________ .

Answer: a. crime clock p. 33 Easy Objective 2-6 What agencies maintain accurate crime statistics, and how do these affect the criminal justice system?

45.

A criminal commits a murder, burglary and forcible rape in a single crime spree. Only a homicide will be counted by the FBI under the __________ rule.

Answer: a. hierarchy pp. 33-34 Easy Objective 2-6 What agencies maintain accurate crime statistics, and how do these affect the criminal justice system?

94

Chapter 3: Criminal Law: Control vs. Liberty 1. a. b. c. d.

Parking violation or underage drinking are examples of what type of behavior? mal prohibita mala in se lex talionus actus rea

Answer: a. mal prohibita p. 42 Easy Objective 3-1 How are federal, state, and local criminal laws created and changed?

2. a. b. c. d.

Which of the following does not provide for federal criminal laws? the U.S. Constitution state statutes executive orders U.S. Criminal Codes

Answer: b. state statutes p. 42 Easy Objective 3-1 How are federal, state, and local criminal laws created and changed?

3. a. b. c. d.

Which limit of the law requires the publication of a law before it can been enforced? due process right to privacy ex post facto laws principle of legality

Answer: d. principle of legality p. 44 Easy Objective 3-2 How are the limits imposed on criminal laws defined?

4. a. b. c. d.

Which limit of the law protects a person from being punished for an action committed before such a law existed? principle of legality ex post facto laws due process right to privacy

Answer: b. ex post facto laws p. 44 Easy Objective 3-2 How are the limits imposed on criminal laws defined?

95

5. a. b. c. d.

The law must provide clear and specific language to define a prohibited behavior. If they do not, they might be considered void for overbreadth. void for vagueness. considered ex post facto laws. violating the principle of legality.

Answer: b. void for vagueness. p. 44 Easy Objective 3-2 How are the limits imposed on criminal laws defined?

6. a. b. c. d.

The Model Penal Code classifies crime according to constructive knowledge. criminal intent. mere possession. the victim of the crime.

Answer: d. the victim of the crime. p. 50 Easy Objective 3-5 How are crimes categorized and defined according to the Model Penal Code?

7. a. b. c. d.

The principle that a person has commonsense understanding that the results of his or her behavior might cause harm is termed general intent. specific intent. transferred intent. constructive intent.

Answer: a. general intent. p. 45 Intermediate Objective 3-3 What are the elements of a crime that must be present to prosecute offenders?

8. a. b. c. d.

Actions that do not require criminal intent to be considered a criminal act are called strict liability crimes. misdemeanors. infractions. minor felonies.

Answer: a. strict liability crimes. p. 46 Easy 96

Objective 3-3 What are the elements of a crime that must be present to prosecute offenders?

9. a. b. c. d.

Which of the following is not a category of inchoate offenses? solicitation conspiracy attempts scheme

Answer: d. scheme p. 46 Easy Objective 3-3 What are the elements of a crime that must be present to prosecute offenders?

10. a. b. c. d.

An incomplete criminal act that is the closest act to completion of a crime is a(n) inchoate offense. conspiracy. attempt. incomplete crime.

Answer: c. attempt p. 46 Intermediate Objective 3-3 What are the elements of a crime that must be present to prosecute offenders?

11. a. b. c. d.

Which of the following statements is accurate in regard to the consent defense?

Consent is a valid defense to use when a hunter accidentally shoots another hunter to death.

It could be a defense in certain sporting events that might result in an opponent's death.

Consent is not considered an acceptable defense under any circumstance.

It could be a defense that the victim said it was okay to assist them in committing suicide.

Answer: b. It could be a defense in certain sporting events that might result in an opponent's death. p. 47 Intermediate Objective 3-4 What are the major defenses against charges of criminal conduct?

12. a. b. c. d.

Mr. Smith claims an undercover police officer supplied him with a gun and drove him to a bank encouraging him to rob it. What defense would Mr. Smith claim? encouragement consent entrapment immunity

Answer: c. entrapment p. 47 97

Easy Objective 3-4 What are the major defenses against charges of criminal conduct?

13. a. b. c. d.

Which one of the following defenses is a justification defense? entrapment consent youth all of the above are justification defenses

Answer: d. all of the above are justification defenses pp. 47-49 Easy Objective 3-4 What are the major defenses against charges of criminal conduct?

14. a. b. c. d.

Which defense is sometimes nicknamed as the "lesser of two evils"? involuntary actions mistake or ignorance of fact or law necessity self-defense

Answer: c. necessity p. 48 Easy Objective 3-4 What are the major defenses against charges of criminal conduct?

15. a. b. c. d.

Mrs. Johnson shot and killed a man who was trying to break into her house. What is the legal basis for her defending herself from a home invasion? the home invasion doctrine self-defense necessity insanity

Answer: b. self-defense pp. 48-49 Easy Objective 3-4 What are the major defenses against charges of criminal conduct?

16. a. b. c. d.

A legal claim by a defendant that he or she did not understand the difference between right and wrong because they were suffering from a disease or mental defect is known as mentally liable. insanity. mental fatigue. lunacy.

Answer: b. insanity. p. 49 98

Easy Objective 3-4 What are the major defenses against charges of criminal conduct?

17. a. b. c. d.

Which of the following is not a crime against persons? robbery assault and battery larceny sexual assault

Answer: c. larceny p. 50 Easy Objective 3-5 How are crimes categorized and defined according to the Model Penal Code?

18. a. b. c. d.

Which of the following charges would most likely surround a vehicular homicide as a result of drunk driving? first-degree murder second-degree murder assault and battery manslaughter

Answer: d. manslaughter p. 50 Easy Objective 3-5 How are crimes categorized and defined according to the Model Penal Code?

19. a. b. c. d.

Which is considered a crime against habitation? arson treason robbery rape

Answer: a. arson pp. 50-51 Easy Objective 3-5 How are crimes categorized and defined according to the Model Penal Code?

20. a. b. c. d.

The offense of burglary combines two lesser crimes, trespass and robbery. intent to commit a capital offense. capacity. intent to commit a crime.

Answer: d. intent to commit a crime. p. 51 Intermediate 99

Objective 3-5 How are crimes categorized and defined according to the Model Penal Code?

21. a. b.

Parking regulations, minimum drinking-age limits, and various licensing regulations are mala in se type laws. true false

Answer: b. false p. 42 Easy Objective 3-1 How are federal, state, and local criminal laws created and changed?

22. a. b.

Ms. Jones received a sentence of 6 months in the county jail for shoplifting. This means that she committed a felony. true false

Answer: b. false p. 43 Easy Objective 3-2 How are the limits imposed on criminal laws defined?

23. a. b.

The actus reus defines a physical action as part of a crime committed by a person. true false

Answer: a. true p. 45 Easy Objective 3-3 What are the elements of a crime that must be present to prosecute offenders?

24. a. b.

The second critical element in establishing criminality is the mens rea, also referred to as "guilty mind." true false

Answer: a. true p. 45 Easy Objective 3-3 What are the elements of a crime that must be present to prosecute offenders?

25. a. b.

A person who is unwillingly given a mind altering drug and then commits a crime might claim a defense of involuntary actions. true false

100

Answer: a. true p. 48 Easy Objective 3-4 What are the major defenses against charges of criminal conduct?

26. a. b.

Mistake or ignorance of fact in some cases might be a valid defense. true false

Answer: a. true p. 48 Easy Objective 3-4 What are the major defenses against charges of criminal conduct?

27. a. b.

Manslaughter is the killing of another without the specific intent to have killed someone. true false

Answer: a. true p. 50 Easy Objective 3-5 How are crimes categorized and defined according to the Model Penal Code?

28. a. b.

Robbery involves force or intimidation of a confronted victim. true false

Answer: a. true p. 50 Easy Objective 3-5 How are crimes categorized and defined according to the Model Penal Code?

29. a. b.

Some states have enacted rape shield laws to prohibit questioning the victim about past sexual experiences. true false

Answer: a. true p. 50 Easy Objective 3-5 How are crimes categorized and defined according to the Model Penal Code?

30. a. b.

Substantive due process requires government to follow established procedures in treating defendants equally. true false 101

Answer: b. false p. 44 Intermediate Objective 3-2 How are the limits imposed on criminal laws defined?

31. a. b.

Failure to act is an exception to the mens rea. true false

Answer: b. false p. 45 Intermediate Objective 3-3 What are the elements of a crime that must be present to prosecute offenders?

32. a. b.

Laws cannot violate one's right to privacy, even in cases involving child pornography. true false

Answer: b. false p. 44 Intermediate 33. a. b.

An alibi defense involves proving the offender was mentally ill at the time of the offense. true false

Answer: b. false p. 46 Easy Objective 3-4 What are the major defenses against charges of criminal conduct?

34. a. b.

Diplomatic immunity grants United States senators immunity from misdemeanors in the United States. true false

Answer: b. false p. 47 Intermediate Objective 3-4 What are the major defenses against charges of criminal conduct?

35. a. b.

Requesting a friend to murder another person for you is termed solicitation. true false

102

Answer: a. true p. 46 Easy Objective 3-3 What are the elements of a crime that must be present to prosecute offenders?

36.

Gambling in some venues is prohibited because of local law and not because it is necessarily harmful or inherently evil. Hence, gambling is termed mala __________.

Answer: a. prohibita p. 42 Easy Objective 3-1 How are federal, state, and local criminal laws created and changed?

37.

___________ are crimes for which an offender can receive a punishment of one year or more in a state or federal prison.

Answer: a. Felonies p. 43 Easy Objective 3-1 How are federal, state, and local criminal laws created and changed?

38.

____________ due process limits the power of governments to create crimes unless there is compelling, substantial, public interest in regulating or prohibiting the conduct.

Answer: a. Substantive p. 44 Intermediate Objective 3-2 How are the limits imposed on criminal laws defined?

39.

An offender's criminal intent is referred to as the __________ .

Answer: a. mens rea p. 45 Easy Objective 3-3 What are the elements of a crime that must be present to prosecute offenders?

40.

Three types of possession are recognized by the Model Penal Code: constructive possession, knowing possession, and __________.

Answer: a. mere possession p. 45 Easy Objective 3-5 How are crimes categorized and defined according to the Model Penal Code?

41.

___________ is criminal intent wherein a person has commonsense understanding that the results of his or her behavior might cause harm.

103

Answer: a. General intent p. 45 Easy Objective 3-3 What are the elements of a crime that must be present to prosecute offenders?

42.

The defendant admits to a criminal act, but in exchange for testifying against a known organized crime figure, he or she might receive __________.

Answer: a. witness immunity p. 48 Easy Objective 3-4 What are the major defenses against charges of criminal conduct?

43.

____________ involves killing someone without specific intent.

Answer: a. Manslaughter p. 50 Easy Objective 3-5 How are crimes categorized and defined according to the Model Penal Code?

44.

_____________ is an affirmative legal defense that an individual was protecting oneself from a violent attacker.

Answer: a. Self-defense p. 48 Easy Objective 3-4 What are the major defenses against charges of criminal conduct?

45.

______________ is the malicious burning of any structure including one's own home.

Answer: a. Arson p. 51 Easy Objective 3-5 How are crimes categorized and defined according to the Model Penal Code?

104

Chapter 4: Roles and Functions of the Police 1. a. b. c. d.

Under whose leadership was the London Metropolitan Police first established to promote public safety and enforce criminal codes?

Oliver Cromwell Henry Fielding Sir John Fielding Sir Robert Peel

Answer: d. Sir Robert Peel p. 56 Easy Objective 4-1 How did American policing develop, and what is its connection to the London Metropolitan Police of 1829?

2. a. b. c. d.

All of the following were the focus of the Westminster Watch Act of 1774 except for drinking. brawling. public prayer. swearing.

Answer: c. public prayer. p. 56 Easy Objective 4-1 How did American policing develop, and what is its connection to the London Metropolitan Police of 1829?

3. a. b. c. d.

Which of the statements is true regarding the London Metropolitan Police?

They did not have the power to physically arrest criminals.

They wore plainclothes while on foot patrol.

They only apprehended offender for public order violations.

They were a full-time, paid, uniformed police agency.

Answer: d. They were a full-time, paid, uniformed police agency. p. 56 Intermediate Objective 4-1 How did American policing develop, and what is its connection to the London Metropolitan Police of 1829?

4. a. b. c. d.

Geographic limitations of responsibility for a municipal police department is termed a jurisdiction. venue. district. setting.

Answer: a. jurisdiction.

105

p. 56 Easy Objective 4-2 How is jurisdiction related to the organization of the contemporary U.S. system of policing?

5. a. b. c. d.

The "separate but equal" doctrine was established when the U.S. Supreme Court ruled in the case of Weeks v. United States.

Plessy v. Ferguson.

Brown v. Mississippi.

Chimel v. California.

Answer: b. Plessy v. Ferguson. p. 56 Easy Objective 4-1 How did American policing develop, and what is its connection to the London Metropolitan Police of 1829?

6. a. b. c. d.

The ruling by the U.S. Supreme Court in Plessy v. Ferguson essentially became a basis for affirmative action programs. reaffirmed the fact that "all men are created equal." suspended the hiring of African American police officers. banned the use of Black Codes in the south.

Answer: c. suspended the hiring of African American police officers. p. 56 Intermediate Objective 4-1 How did American policing develop, and what is its connection to the London Metropolitan Police of 1829?

7. a. b. c. d.

About what percentage of municipal police departments employ fewer than 50 officers?

10% 25% 50% 90%

Answer: d. 90% p. 63 Easy Objective 4-6 What are the jurisdictions of city police, and what services do they provide?

8. a. b. c. d.

Which agency is the oldest policing authority in the United States?

U.S. Marshal's Service sheriff's office FBI municipal police agencies 106

Answer: b. sheriff's office p. 62 Easy Objective 4-5 What are the unique aspects of a sheriff’s department’s administrative structure and law enforcement duties?

9. a. b. c. d.

Which of the following is not a major responsibility for a sheriff's department? providing security at airports serving as officers of the court contracting to provide traffic and criminal investigations for small towns operating the county jail

Answer: a. providing security at airports p. 63 Intermediate Objective 4-5 What are the unique aspects of a sheriff’s department’s administrative structure and law enforcement duties?

10. a. b. c. d.

Which law enforcement agency is the most local and visible with over 12,000 departments? sheriff's office municipal police state police private police

Answer: b. municipal police p. 63 Easy Objective 4-6 What are the jurisdictions of city police, and what services do they provide?

11. a. b. c. d.

What term is used to refer to non-crime-fighting services performed by the police, such as mediation, providing for the welfare of vulnerable persons, and crime control? social work order maintenance civil control auxiliary maintenance

Answer: b. order maintenance p. 64 Easy Objective 4-8 How do social values and other factors influence policing strategies?

12. a.

State law enforcement can be divided into three major agencies: traffic enforcement, general criminal investigation, and patrol duties.

107

b. c. d.

call handlers. special investigations. special police divisions.

Answer: c. special investigations. p. 61 Easy Objective 4-4 What are the major types of state law enforcement agencies, and what are their jurisdictions?

13. a. b. c. d.

There are essentially three different types of federal law enforcement agencies: military police, civilian police, and Native American Tribal Police. the FBI. the DEA. special park police.

Answer: a. Native American Tribal Police. p. 57 Easy Objective 4-3 What are the major federal law enforcement agencies, and what are their duties?

14. a. b. c. d.

The U.S. Marshals Service was established by the Judiciary Act of 1789.

President Herbert Hoover. the United States Congress in 1790. the United States attorney general in 1901.

Answer: a. the Judiciary Act of 1789. p. 58 Easy Objective 4-3 What are the major federal law enforcement agencies, and what are their duties?

15. a. b. c. d.

When first formed, the initial responsibility for the U.S. Secret Service was protecting the President of the United States. investigating counterfeiting and currency violations. capturing federal fugitives. protecting foreign diplomats.

Answer: b. investigating counterfeiting and currency violations. p. 59 Easy Objective 4-3 What are the major federal law enforcement agencies, and what are their duties?

108

16. a. b. c. d.

The duties of the U.S. Secret Service were expanded to include the protection of presidential and vice-presidential candidates following the assassination of Abraham Lincoln.

William McKinley.

John F. Kennedy.

A foreign ambassador in 1905.

Answer: c. John F. Kennedy. p. 59 Intermediate Objective 4-3 What are the major federal law enforcement agencies, and what are their duties?

17. a. b. c. d.

The earliest duties of the Bureau of Alcohol, Tobacco, and Firearms were related to the need to enforce which of the following? taxing laws alcohol sales firearm registration distribution of dynamite

Answer: a. taxing laws p. 60 Easy Objective 4-3 What are the major federal law enforcement agencies, and what are their duties?

18. a. b. c. d.

Which of the following federal agencies can only perform administrative operations and not law enforcement operations on American soil?

Central Intelligence Agency Federal Bureau of Investigations Internal Revenue Service U.S. Air Marshals

Answer: a. Central Intelligence Agency p. 61 Easy Objective 4-3 What are the major federal law enforcement agencies, and what are their duties?

19. a. b. c. d.

Jurisdiction of local police agencies is limited to the geographical boundaries of the state. county. city. township.

Answer: c. city. p. 63 Easy Objective 4-6 What are the jurisdictions of city police, and what services do they provide?

109

20.

a. b. c. d.

Which of the following theories believes that tolerating public order violations and disruptive behavior leads to community neglect, which fosters further disorder and crime?

Zero Tolerance Theory Problem-Oriented Policing Theory Broken Window Theory Community Oriented Policing Theory

Answer: c. Broken Window Theory p. 68 Intermediate Objective 4-8 How do social values and other factors influence policing strategies?

21. a. b.

Jurisdiction is a geographical area of responsibility and legitimate duties of an agency, court, or law enforcement agency. true false

Answer: a. true p. 56 Easy Objective 4-2 How is jurisdiction related to the organization of the contemporary U.S. system of policing?

22. a. b.

The U.S. Marshals Service was established in 1930. true false

Answer: b. false p. 58 Easy Objective 4-3 What are the major federal law enforcement agencies, and what are their duties?

23. a. b.

The rate of victimization on Native American Reservations is twice the national average. true false

Answer: a. true p. 57 Easy Objective 4-3 What are the major federal law enforcement agencies, and what are their duties?

24.

The U.S. Secret Service duties were expanded in 1901 to protect the president following the assassination of President William McKinley.

110

a. b.

true false

Answer: a. true p. 59 Intermediate Objective 4-3 What are the major federal law enforcement agencies, and what are their duties?

25. a. b.

The FBI was extensively reorganized after the events of September 11, 2001. true false

Answer: a. true p. 60 Easy Objective 4-3 What are the major federal law enforcement agencies, and what are their duties?

26. a. b.

Special police have limited jurisdiction both in geography and police powers. true false

Answer: a. true p. 64 Easy Objective 4-3 What are the major federal law enforcement agencies, and what are their duties?

27. a. b.

The CIA is allowed to make arrests of U.S. citizens on American soil. true false

Answer: b. false p. 61 Easy Objective 4-3 What are the major federal law enforcement agencies, and what are their duties?

28. a. b.

Each branch of the military has its own criminal justice system. true false

Answer: a. true p. 57 Easy Objective 4-3 What are the major federal law enforcement agencies, and what are their duties?

29.

The U.S. Postal Inspection Service operates the largest training academy for law enforcement agencies.

111

a. b.

true false

Answer: b. false p. 59 Easy Objective 4-3 What are the major federal law enforcement agencies, and what are their duties?

30. a. b.

State police agencies that target traffic enforcement are commonly known as special police. true false

Answer: b. false p. 61 Easy Objective 4-4 What are the major types of state law enforcement agencies, and what are their jurisdictions?

31. a. b.

Over 50% of our nations police departments serve a municipality of over 100,000 citizens. true false

Answer: b. false p. 63 Easy Objective 4-2 How is jurisdiction related to the organization of the contemporary U.S. system of policing?

32. a. b.

The deputy chief is usually second in command in a large city agency. true false

Answer: a. true p. 65 Easy Objective 4-6 What are the jurisdictions of city police, and what services do they provide?

33. a. b.

Community policing programs developed during the 1960s and 1970s. true false

Answer: a. true p. 67 112

Easy Objective 4-8 How do social values and other factors influence policing strategies?

34. a. b.

Studies show that most police work involves crime fighting as opposed to order maintenance situations. true false

Answer: b. false p. 68 Easy Objective 4-8 How do social values and other factors influence policing strategies?

35. a. b.

Problem-solving policing is proactive rather than reactive. true false

Answer: a. true p. 68 Easy Objective 4-8 How do social values and other factors influence policing strategies?

36.

If federal marshals in the late 1800s used civilians or military for law enforcement purposes, they were using the power of __________.

Answer: a. posse comitatus p. 58 Easy Objective 4-1 How did American policing develop, and what is its connection to the London Metropolitan Police of 1829?

37.

The use of night watchmen and gate guards was England's first attempt to legally control sex, swearing, and drinking was established through the __________.

Answer: a. Westminster Watch Act of 1774 p. 56 Easy Objective 4-1 How did American policing develop, and what is its connection to the London Metropolitan Police of 1829?

38.

The "separate but equal" doctrine that prevented the hiring of black police officers resulted in the case of __________.

Answer: a. Plessy v. Ferguson p. 56 Easy 113

Objective 4-1 How did American policing develop, and what is its connection to the London Metropolitan Police of 1829?

39.

The __________ is the oldest local policing authority in the United States.

Answer: a. sheriff's office p. 62 Easy Objective 4-5 What are the unique aspects of a sheriff’s department’s administrative structure and law enforcement duties?

40.

_________ is the only state to not have a form of state police.

Answer: a. Hawaii p. 61 Easy Objective 4-4 What are the major types of state law enforcement agencies, and what are their jurisdictions?

41.

The three types of federal law enforcement agencies are military police, civilian police, and __________.

Answer: a. Native American tribal police p. 57 Easy Objective 4-3 What are the major federal law enforcement agencies, and what are their duties?

42.

Founded in 1865, the U.S. Secret Service, was responsible for investigating widespread __________.

Answer: a. counterfeiting p. 59 Easy Objective 4-3 What are the major federal law enforcement agencies, and what are their duties?

43.

The __________ was given a redirected mission and priorities after the events of September 11, 2001.

Answer: a. FBI p. 60 Easy Objective 4-3 What are the major federal law enforcement agencies, and what are their duties?

44.

The top administrative officer for a municipal police department is called the __________.

114

Answer: a. chief of police p. 65 Easy Objective 4-6 What are the jurisdictions of city police, and what services do they provide?

45.

Non-crime-fighting services performed by police, such as mediation, providing for the welfare of vulnerable persons, and crowd control is termed __________.

Answer: a. order maintenance p. 64 Easy Objective 4-8 How do social values and other factors influence policing strategies?

115

Chapter 5: Police Officers and the Law 1. a. b. c. d.

Evidence that is illegally collected in a criminal case will be declared inadmissible under which rule? the Miranda rule the exclusionary rule the Weeks rule the Mapp rule

Answer: b. the exclusionary rule p. 76 Easy Objective 5-2 What are the rules of evidence for police actions regarding the collection of evidence, and what landmark cases were involved in establishing the exclusionary rule?

2. a. b. c. d.

What rule stipulates the requirements for introducing evidence and defines the qualifications of an expert witness and the nature of the testimony he or she may give? exclusionary rule Fruit of the Poisoned Tree Doctrine rules of evidence material witness rule

Answer: c. rules of evidence p. 76 Easy Objective 5-2 What are the rules of evidence for police actions regarding the collection of evidence, and what landmark cases were involved in establishing the exclusionary rule?

3. a. b. c. d.

The origins of the exclusionary rule can be traced back to which case heard by the United States Supreme Court in 1914?

Mapp v. Ohio Wolf v. Colorado Weeks v. United States Silverthorne Lumber Co. v. United States

Answer: c. Weeks v. United States p. 76 Easy Objective 5-2 What are the rules of evidence for police actions regarding the collection of evidence, and what landmark cases were involved in establishing the exclusionary rule?

4. a. b. c. d.

The Fruit of the Poisoned Tree Doctrine applies only to evidence directly obtained directly or illegally. repealed the exclusionary rule. extended the exclusionary rule to evidence obtained indirectly. was established by Berghuis v. Thompkins.

116

Answer: c. extended the exclusionary rule to evidence obtained indirectly p. 77 Intermediate Objective 5-2 What are the rules of evidence for police actions regarding the collection of evidence, and what landmark cases were involved in establishing the exclusionary rule?

5. a. b. c. d.

Which amendment requires that evidence must be obtained by police with the use of a valid search warrant issued by a judge or searches may be based on probable cause?

Tenth Amendment Third Amendment Fifth Amendment Fourth Amendment

Answer: d. Fourth Amendment p. 79 Easy Objective 5-3 What guidelines must police follow in conducting searches that do not violate citizens’ constitutional rights?

6. a. b. c. d.

Which federal case ruled that evidence in the plain view of a police officer is admissible in criminal court?

Chimel v. California Carroll v. United States Harris v. United States Terry v. Ohio

Answer: c. Harris v. United States p. 80 Easy Objective 5-4 What exceptions allow search and seizure by police without a warrant?

7.

a. b. c. d.

Which United States Supreme Court case extended the powers of the police to search vehicles for drugs with a trained dog without the need for any particular reason to suspect a narcotics violation?

Carroll v. United States Illinois v. Caballes Florida v. Jimeno Harris v. United States

Answer: b. Illinois v. Caballes p. 81 Easy Objective 5-4 What exceptions allow search and seizure by police without a warrant?

117

8. a. b. c. d.

Which U.S. Supreme Court case required states to enact procedures to protect citizens from abusive searches?

Weeks v. United States Mapp v. Ohio Silverthorne Lumber Co. v. United States Wolf v. Colorado

Answer: d. Wolf v. Colorado p. 77 Easy Objective 5-3 What guidelines must police follow in conducting searches that do not violate citizens’ constitutional rights?

9. a. b. c. d.

Which U.S. Supreme Court case required states to use the exclusionary rule?

Mapp v. Ohio Weeks v. United States Silverthorne Lumber Co. v. United States Wolf v. Colorado

Answer: a. Mapp v. Ohio p. 77 Easy Objective 5-2 What are the rules of evidence for police actions regarding the collection of evidence, and what landmark cases were involved in establishing the exclusionary rule?

10. a. b. c. d.

The right to be secure from unreasonable searches by police is found under which Amendment in the Bill of Rights?

1st Amendment 4th Amendment 5th Amendment 8th Amendment

Answer: b. 4th Amendment p. 79 Easy Objective 5-3 What guidelines must police follow in conducting searches that do not violate citizens’ constitutional rights?

11. a. b. c. d.

A police officer can gather evidence without a warrant when it is clearly visible. This is known as a consent to search. plain-view search. search of an automobile. pat down search.

Answer: b. plain-view search.

118

p. 80 Easy Objective 5-4 What exceptions allow search and seizure by police without a warrant?

12. a. b. c. d.

Which doctrine allows police to search an automobile without a warrant if a delay might result in a loss of evidence?

Fruit of the Poisoned Tree Doctrine Silver Platter Doctrine Carroll Doctrine Mapp Doctrine

Answer: c. Carroll Doctrine p. 81 Easy Objective 5-4 What exceptions allow search and seizure by police without a warrant?

13. a. b. c. d.

The Pat-Down search was established in the case of Terry v. Ohio.

Carroll v. United States.

Chimel v. California.

Harris v. United States.

Answer: a. Terry v. Ohio. p. 81 Easy Objective 5-4 What exceptions allow search and seizure by police without a warrant?

14. a. b. c. d.

Which of the following statements is inaccurate regarding the Pat-Down search?

The pat-down may be conducted solely to ensure the safety of the officer.

Probable cause is not a requirement.

The pat-down refers to the right of an officer to search a suspect for a possible weapon.

The pat-down allows officers to reach deep into the pant pockets of a suspects to look for drugs.

Answer: d. The pat-down allows officers to reach deep into the pant pockets of a suspects to look for drugs. p. 81 Intermediate Objective 5-4 What exceptions allow search and seizure by police without a warrant?

15. a. b. c. d.

The practice of using deadly force against an unarmed fleeing felon was prohibited in the case of Terry v. Ohio.

Miranda v. Arizona.

Tennessee v. Garner.

Chimel v. California.

119

Answer: c. Tennessee v. Garner. p. 84 Easy 16. a. b. c. d.

Which of the following situations would not allow a search under the public safety exception for searches without a warrant? searches of airline passengers in a terminal searches of student lockers in a school searching phone records of a local robbery suspect searching subway passengers

Answer: c. searching phone records of a local robbery suspect p. 82 Easy Objective 5-4 What exceptions allow search and seizure by police without a warrant?

17. a. b. c. d.

The two most common exceptions to the requirements for a search warrant are public safety and good faith exception. communication records. identity searches. waivers.

Answer: a. good faith exception. p. 82 Easy Objective 5-4 What exceptions allow search and seizure by police without a warrant?

18. a. b. c. d.

The right of police to search without probable cause when failure to do so threatens the public is called the pat-down search. consent search. search incident to a lawful arrest. public safety exception.

Answer: d. public safety exception. p. 82 Easy Objective 5-4 What exceptions allow search and seizure by police without a warrant?

19. a. b. c. d.

The USA Patriot Act has significantly altered the limits of law enforcement to conduct searches. the good faith exception. police overtime. interrogations and confessions.

120

Answer: a. law enforcement to conduct searches. p. 82 Easy Objective 5-3 What guidelines must police follow in conducting searches that do not violate citizens’ constitutional rights?

20. a. b. c. d.

A suspected terrorist might be held indefinitely under the fact finding law. material witness law. entrapment law. native element law.

Answer: b. material witness law. p. 88 Easy Objective 5-6 Under what circumstances may police legally make an arrest or hold a person in custody?

21. a. b.

The exclusionary rule prohibits use in a criminal court of evidence or testimony obtained in violation of the Fourth Amendment. true false

Answer: a. true p. 76 Easy Objective 5-2 What are the rules of evidence for police actions regarding the collection of evidence, and what landmark cases were involved in establishing the exclusionary rule?

22. a. b.

Administrative law is a body of laws governing how things should be done at each stage of the criminal justice process. true false

Answer: b. false p. 76 Easy Objective 5-1 What are procedural laws, and how do they affect the actions of the police?

23. a. b.

Searching the possessions and baggage of airline passengers violates a person's Fourth Amendment rights. true false

Answer: b. false 121

p. 82 Easy Objective 5-4 What exceptions allow search and seizure by police without a warrant?

24. a. b.

In Tennessee v. Garner, the U.S. Supreme Court struck down the Fleeing Felon Doctrine. true false

Answer: a. true p. 82 Easy 25. a. b.

If police detectives interrogated a suspect for 24 hours while denying him or her water; a confession would be considered to violate the Fifth Amendment. true false

Answer: a. true p. 85 Intermediate Objective 5-5 What rights are citizens guaranteed while in police custody regarding interrogations and confessions?

26. a. b.

Miranda Rights are established within the language of the Eighth Amendment. true false

Answer: b. false p. 86 Easy Objective 5-5 What rights are citizens guaranteed while in police custody regarding interrogations and confessions?

27. a. b.

Some use of physical pain can be used to obtain an admissible confession. true false

Answer: b. false p. 85 Easy Objective 5-5 What rights are citizens guaranteed while in police custody regarding interrogations and confessions?

28. a. b.

Interrogation standards for juveniles are the same as they are for adult suspects. true false 122

Answer: b. false p. 87 Easy Objective 5-5 What rights are citizens guaranteed while in police custody regarding interrogations and confessions?

29. a. b.

The Miranda rights summarize five rights that protect citizens during police arrests and interrogation. true false

Answer: a. true p. 86 Easy Objective 5-5 What rights are citizens guaranteed while in police custody regarding interrogations and confessions?

30. a. b.

If the police provide both the motivation and means for a defendant to commit a crime, the defendant could use entrapment as a defense against any charges. true false

Answer: a. true p. 88 Easy Objective 5-5 What rights are citizens guaranteed while in police custody regarding interrogations and confessions?

31. a. b.

A pat-down search conducted solely to ensure the safety of a police officer is legal. true false

Answer: a. true p. 81 Intermediate Objective 5-4 What exceptions allow search and seizure by police without a warrant?

32. a. b.

The public safety exception allows searches of persons at border checks. true false

Answer: a. true p. 82 Easy Objective 5-4 What exceptions allow search and seizure by police without a warrant?

123

33. a. b.

Police can shoot to kill someone fleeing the scene of a misdemeanor. true false

Answer: b. false p. 84 Easy 34. a. b.

Students on school property have a right to privacy in their school lockers. true false

Answer: b. false p. 82 Easy Objective 5-4 What exceptions allow search and seizure by police without a warrant?

35. a. b.

A confession must be voluntary without use of threats or coercion. true false

Answer: a. true p. 85 Easy Objective 5-5 What rights are citizens guaranteed while in police custody regarding interrogations and confessions?

36.

__________ stipulate the requirements for introducing evidence and define the qualifications of an expert witness regarding testimony he or she might provide in court.

Answer: a. Rules of evidence p. 76 Easy Objective 5-2 What are the rules of evidence for police actions regarding the collection of evidence, and what landmark cases were involved in establishing the exclusionary rule?

37.

The exclusionary rule was extended by the __________ doctrine.

Answer: a. Fruit of the Poisoned Tree p. 76 Easy Objective 5-2 What are the rules of evidence for police actions regarding the collection of evidence, and what landmark cases were involved in establishing the exclusionary rule?

124

38.

The Fourth Amendment requires that certain evidence must be obtained by police with the use of a valid __________.

Answer: a. search warrant p. 79 Easy Objective 5-3 What guidelines must police follow in conducting searches that do not violate citizens’ constitutional rights?

39.

A police officer sees an illegal firearm on top of someone's baggage at a bus terminal line. The evidence would be admissible under the __________ doctrine.

Answer: a. plain-view p. 80 Easy Objective 5-4 What exceptions allow search and seizure by police without a warrant?

40.

Officers search a car they are about to impound as part of their inventory procedure. They find an ounce of marijuana in the back seat of the car. The evidence would be admissible in criminal court under the __________ doctrine.

Answer: a. Carroll p. 81 Easy Objective 5-4 What exceptions allow search and seizure by police without a warrant?

41.

A search conducted solely to ensure the safety of a police officer is called a __________.

Answer: a. pat-down search p. 81 Easy Objective 5-4 What exceptions allow search and seizure by police without a warrant?

42.

The right to search without probable cause to prevent threat against harm in a public setting is called the __________.

Answer: a. public safety exception p. 82 Easy Objective 5-4 What exceptions allow search and seizure by police without a warrant?

43.

Police officers are accidentally sent to an incorrect address where they see an item that is illegal for a person to possess. Their seizure of this item is legal under the __________.

Answer: a. good faith exception p. 82 125

Easy Objective 5-4 What exceptions allow search and seizure by police without a warrant?

44.

The 20th century police practice of using deadly force against an unarmed fleeing suspect was known as the __________.

Answer: a. fleeing felon doctrine p. 83 Easy 45.

The __________ allows federal authorities to hold terror suspects indefinitely without charges.

Answer: a. material witness law p. 89 Easy Objective 5-6 Under what circumstances may police legally make an arrest or hold a person in custody?

126

Chapter 6: The Court System 1. a. b. c. d.

The federal court system is responsible for the enforcement of federal codes in civil trials criminal trials administrative trials all of the above

Answer: d. all of the above p. 96 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

2. a. b. c. d.

The science or philosophy of law is called adjudication. jurisprudence. legal philosophy. criminal justice.

Answer: b. jurisprudence. p. 94 Easy Objective 6-1 What are the historical foundations and dual structure of the U.S. court system?

3. a. b. c. d.

The political division of jurisdiction into two systems of courts, federal and state, is referred to as the science or jurisprudence of law. dual court system. political jurisdictions of courts. separation mandate of the 11th Amendment.

Answer: b. dual court system. p. 94 Easy Objective 6-1 What are the historical foundations and dual structure of the U.S. court system?

4.

a. b. c. d.

Which Amendment to the Constitution restricted the jurisdiction of the federal courts by declaring that a private citizen from one state cannot sue the government of another state in federal court?

10th Amendment 11th Amendment 12th Amendment 14th Amendment

Answer: b. 11th Amendment 127

p. 94 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

5. a. b. c. d.

Which amendment to the Constitution provided that powers not specifically delegated to the federal government were reserved to the states?

10th Amendment 12th Amendment 11th Amendment 13th Amendment

Answer: a. 10th Amendment p. 94 Easy Objective 6-4 How is the state court system organized, and what are the responsibilities of each level of the state courts?

6. a. b. c. d.

A private wrong that causes a harm to another is a crime. tart. vendetta. tort.

Answer: d. tort. p. 95 Easy Objective 6-2 What are the differences between criminal law and civil law?

7.

a. b. c. d.

This type of law is concerned with definition, regulation, and enforcement of rights cases in which both the person who has a right and the person who has the obligation are private individuals. criminal law special law civil law tribunal law

Answer: c. civil law p. 95 Easy Objective 6-2 What are the differences between criminal law and civil law?

8. a. b. c.

How many federal judicial circuits are there?

10 11 12 128

d.

13

Answer: d. 13 p. 97 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

9. a. b. c. d.

How many federal courts are there?

13 about 50 more than 100 too many to count

Answer: c. more than 100 p. 96 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

10. a. b. c. d.

The authority for establishing a federal court system is Article 5 of the U.S. Constitution.

Article 2 of the U.S. Constitution.

Article 3 of the U.S. Constitution.

Article 7 of the U.S. Constitution.

Answer: c. Article 3 of the U.S. Constitution. p. 96 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

11. a. b. c. d.

Which below is a federal lower court whose powers are limited to trying lesser misdemeanors, setting bail, and assisting district courts in various legal matters?

U.S. District Courts U.S. Maritime Courts U.S. Magistrates Courts U.S. Courts of Appeals

Answer: c. U.S. Magistrates Courts p. 96 Intermediate Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

12.

The trial courts of the federal system are known as the 129

a. b. c. d.

U.S. Magistrate Courts.

U.S. District Courts.

U.S. Circuit Courts.

U.S. Courts of Appeal.

Answer: b. U.S. District Courts. p. 96 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

13. a. b. c. d.

On which tier can the Courts of General Jurisdiction (Trial Courts) be found in the federal court system?

Tier 1 Tier 2 Tier 3 Tier 4

Answer: b. Tier 2 p. 97 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

14. a. b. c. d.

What federal courts hear appeals from Courts of Military Review?

U.S. Veterans Appeals U.S. District Courts U.S. Courts of Appeal U.S. Court of Military Appeals

Answer: d. U.S. Court of Military Appeals p. 97 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

15. a. b. c. d.

A court that holds sessions in various locations within its jurisdiction is called a circuit court. district court. appeals court. superior court.

Answer: a. circuit court. p. 98 Intermediate

130

Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

16. a. b. c. d.

U.S. Supreme Court cases that determine how the Constitution is to be interpreted are called important cases. landmark cases. primary cases. constitutional cases.

Answer: b. landmark cases. p. 99 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

17. a. b. c. d.

A concise statement of the substantial issue that needs to be decided in a case is known as a warrant. opinion. writ. brief.

Answer: d. brief. p. 100 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

18. a. b. c. d.

The power of the Supreme Court to choose what cases it will hear is called certiorari power. judicial order. precedent. per curiam opinion.

Answer: a. certiorari power. p. 100 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

19.

a. b.

When the decision of a court is reversed by a higher court and the case is returned to the court of original jurisdiction with instructions to correct the judicial error, it is said to have been over ruled. remanded.

131

c. d.

acquitted. none of the preceding.

Answer: b. remanded. p. 101 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

20. a. b. c. d.

Which below is a court of last resort?

Supreme Court Supreme Judicial Court Court of Appeals All of the preceding are courts of last resort.

Answer: d. All of the preceding are courts of last resort. p. 102 Easy Objective 6-4 How is the state court system organized, and what are the responsibilities of each level of the state courts?

21. a. b.

The United States is considered to operate a dual court system. true false

Answer: a. true p. 94 Easy Objective 6-1 What are the historical foundations and dual structure of the U.S. court system?

22. a. b.

Torts are public wrongs that cause physical harm to another. true false

Answer: b. false p. 95 Easy Objective 6-2 What are the differences between criminal law and civil law?

23. a. b.

The U.S. Magistrate Courts are the trial courts of the federal system. true false

Answer: b. false p, 96 Intermediate 132

Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

24. a. b.

The U.S. Courts of Appeals hear appeals from U.S. District Courts. true false

Answer: a. true p. 96 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

25. a. b.

Appellate courts have the authority to review the proceedings and verdicts of general trial courts for judicial errors. true false

Answer: a. true p. 97 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

26. a. b.

Circuit Courts are courts that hold sessions in various locations within several jurisdictions. true false

Answer: a. true p. 98 Intermediate Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

27. a. b.

Courts of limited jurisdiction are frequently courts of record. true false

Answer: b. false p. 102 Easy Objective 6-4 How is the state court system organized, and what are the responsibilities of each level of the state courts?

28.

Every state has intermediate appellate courts.

133

a. b.

true false

Answer: b. false p. 102 Intermediate Objective 6-4 How is the state court system organized, and what are the responsibilities of each level of the state courts?

29. a. b.

Per curiam opinion dismisses a case without a full written opinion. true false

Answer: a. true p. 101 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

30. a. b.

When a case is remanded it means the lower court verdict has been overturned. true false

Answer: b. false p. 101 Intermediate Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

31. a. b.

A state court of last resort issues landmark decisions. true false

Answer: b. false p. 99 Easy Objective 6-4 How is the state court system organized, and what are the responsibilities of each level of the state courts?

32. a. b.

Jurisprudence is a philosophy of law to settle disputes. true false

Answer: a. true p. 94 Easy 134

Objective 6-1 What are the historical foundations and dual structure of the U.S. court system?

33. a. b.

The U.S. Supreme Court has no power to decide the constitutionality of the law. true false

Answer: b. false p. 96 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

34. a. b.

The U.S. Supreme Court has certiorari power over all other lower courts. true false

Answer: a. true p. 100 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

35. a. b.

A state court of last resort is likened to the U.S. Supreme Court. true false

Answer: a. true p. 102 Easy Objective 6-4 How is the state court system organized, and what are the responsibilities of each level of the state courts?

36.

________ are private wrongs that cause physical harm to another person.

Answer: a. Torts p. 95 Easy Objective 6-2 What are the differences between criminal law and civil law?

37.

_________ cases are initiated by private parties.

Answer: a. Civil p. 95 Easy Objective 6-2 What are the differences between criminal law and civil law?

135

38.

Federal Magistrate courts were created by the __________ .

Answer: a. Federal Magistrates Act of 1968 p. 96 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

39.

_________ are federal lower courts whose powers are limited to trying lesser misdemeanors, setting bail, and assisting district courts in various legal matters.

Answer: a. U.S. magistrate courts p. 96 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

40.

The jurisdiction of the U.S. Courts of Appeals is called a __________ because, originally, federal appeals judges literally traveled from one federal district court to another in order to hear appeals.

Answer: a. circuit court p. 98 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

41.

U.S. Supreme Court cases that determine how the Constitution is to be interpreted are called __________ .

Answer: a. landmark cases p. 99 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

42.

A __________ is an order to the lower court to forward the record of a case to the Supreme Court.

Answer: a. writ of certiorari p. 100 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

43.

A concise statement of the main points of a law case is a __________.

136

Answer: a. brief p. 100 Easy Objective 6-3 How is the federal court system organized, and what are the responsibilities of each level of the federal courts?

44.

Courts in which trial proceedings are transcribed are called __________.

Answer: a. courts of record p. 102 Easy Objective 6-4 How is the state court system organized, and what are the responsibilities of each level of the state courts?

45.

_________ courts have the authority to review the proceedings and verdicts of general trial courts for judicial errors.

Answer: a. Appellate p. 102 Easy Objective 6-4 How is the state court system organized, and what are the responsibilities of each level of the state courts?

137

Chapter 7: Courtroom Participants and the Trial 1. a. b. c. d.

Trying someone twice for the same offense is called double jeopardy. dual jurisdiction.

Constitutional jeopardy. double liability.

Answer: a. double jeopardy. p. 109 Easy Objective 7-2 What are the guidelines for determining which court has jurisdiction over a crime?

2. a. b. c. d.

Which Amendment to the Constitution prohibits trying someone twice for the same crime?

1st Amendment 4th Amendment 5th Amendment 8th Amendment

Answer: c. 5th Amendment p. 109 Easy Objective 7-2 What are the guidelines for determining which court has jurisdiction over a crime?

3. a. b. c. d.

Courts of limited jurisdiction are court cases utilizing jurors. courts that always provide paid legal counsel. not courts of record. courts that prepare for very long trials.

Answer: c. not courts of record. p. 108 Easy Objective 7-2 What are the guidelines for determining which court has jurisdiction over a crime?

4. a. b. c. d.

In which venue are most felony trials held? federal magistrates courts state courts of general jurisdiction municipal courts of limited jurisdiction none of the above

Answer: b. state courts of general jurisdiction p. 108 Easy Objective 7-2 What are the guidelines for determining which court has jurisdiction over a crime?

138

5. a. b. c. d.

Which of the crimes/violations listed below would be tried in a court of limited jurisdiction? homicide traffic violation robbery arson

Answer: b. traffic violation p. 108 Easy Objective 7-2 What are the guidelines for determining which court has jurisdiction over a crime?

6. a. b. c. d.

A bail bondsman's fee is usually what percentage of the set bail?

25% 15% 10% 5%

Answer: c. 10% p. 113 Easy Objective 7-3 What are the major pretrial proceedings?

7. a. b. c. d.

What type of bond bases release on the defendant's signature with a promise to return for trial? property bond signature bond unsecured bond release on recognizance

Answer: b. signature bond p. 114 Easy Objective 7-3 What are the major pretrial proceedings?

8. a. b. c. d.

Under what type of bond is release based on the defendant’s promise to pay the court an amount similar to a cash bail bond if he fails to fulfill a promise to return for trial? unsecured bond signature bond cash bond release on recognizance

Answer: a. unsecured bond p. 114 139

Easy Objective 7-3 What are the major pretrial proceedings?

9. a. b. c. d.

The concept that defendants comprehend the charges against them and are able to assist their attorney in their defense is known as competent to stand trial. incompetent to stand trial. worthy to stand trial. mental competency.

Question ID: 7-9 Answer: a. competent to stand trial. p. 114 Easy Objective 7-3 What are the major pretrial proceedings?

10. a. b. c. d.

The calendar on which court cases are scheduled for trial is called the court docket. the trial calendar. the judicial timetable. none of the preceding.

Answer: a. the court docket. p. 116 Easy Objective 7-3 What are the major pretrial proceedings?

11. a. b. c. d.

The right to a speedy trial refers to the time between case initiation and trial. the time between arrest and trial. the time between initial suspicion of the suspect and trial. the time between arrest and appeal.

Answer: b. the time between arrest and trial. p. 117 Easy Objective 7-4 How do the Sixth Amendment and the Speedy Trial Act of 1974 affect a trial?

12. a. b. c. d.

Which Amendment to the Constitution guarantees the defendant the right to a speedy trial?

4th Amendment 5th Amendment 6th Amendment 14th Amendment

Answer: c. 6th Amendment 140

p. 117 Easy Objective 7-4 How do the Sixth Amendment and the Speedy Trial Act of 1974 affect a trial?

13. a. b. c. d.

A government employee who works directly with the trial judge and is responsible for court paper work and records before and during a trial is the court administrator. clerk of court. court adjudicator. clerk of adjudication.

Answer: b. clerk of court. p. 119 Easy Objective 7-5 What are the roles of the various people involved in a criminal trial?

14. a. b. c. d.

Who below is not part of the courtroom work group? witness judge bailiff defense attorney

Answer: a. witness p. 119 Easy Objective 7-5 What are the roles of the various people involved in a criminal trial?

15. a. b. c. d.

Who transcribes every word spoken during a trial? bailiff court reporter court clerk prosecutor

Answer: b. court reporter p. 119 Easy Objective 7-5 What are the roles of the various people involved in a criminal trial?

16. a. b. c. d.

A judge's order to participants and observers at a trial that the evidence or proceedings of the court may not be published, aired, or discussed publicly is a trial motion. gag order. standard condition of the court. violation of the First Amendment to the U.S. Constitution.

Answer: b. gag order.

141

p. 122 Easy Objective 7-5 What are the roles of the various people involved in a criminal trial?

17. a. b. c. d.

How many jurors does the Constitution require for a criminal case?

6 8 12 There is no set number of jurors mandated by the Constitution

Answer: d. There is no set number of jurors mandated by the Constitution p. 124 Easy Objective 7-5 What are the roles of the various people involved in a criminal trial?

18. a. b. c. d.

What is the approximate percentage of all felony defendants that cannot afford an attorney?

25% 50% 75% 100%

Answer: b. 50% p. 122 Easy Objective 7-5 What are the roles of the various people involved in a criminal trial?

19. a. b. c. d.

Defense counsel for a defendant who cannot afford a private attorney is providing what kind of defense? indigent defense general defense limited defense voir dire defense

Answer: a. indigent defense p. 122 Easy Objective 7-5 What are the roles of the various people involved in a criminal trial?

20. a. b. c. d.

Second-hand testimony is called a statement. a fact. hearsay evidence. reliable.

Answer: c. hearsay evidence.

142

p. 120 Easy 21. a. b.

Trying a person for the same crime in federal and state courts is not considered double jeopardy. true false

Answer: a. true p. 109 Easy Objective 7-2 What are the guidelines for determining which court has jurisdiction over a crime?

22. a. b.

Secondhand testimony is treated as a fact in court testimony. true false

Answer: b. false p. 120 Easy 23. a. b.

The Fifth Amendment prevents the prosecution from bringing a defendant to trial a second time if the defendant was found not guilty during the first trial. true false

Answer: a. true p. 109 Easy Objective 7-2 What are the guidelines for determining which court has jurisdiction over a crime?

24. a. b.

The opportunity to post bail is not a guarantee for every defendant. true false

Answer: a. true p. 113 Easy Objective 7-3 What are the major pretrial proceedings?

25. a. b.

A bail bondsman operates as a private sector business, and not an arm of the government. true false

Answer: a. true p. 113 143

Easy Objective 7-3 What are the major pretrial proceedings?

26. a. b.

A signature bond is commonly used in minor traffic offenses. true false

Answer: a. true p. 114 Easy Objective 7-3 What are the major pretrial proceedings?

27. a. b.

Every jury trial requires at least 12 sworn jurors. true false

Answer: b. false p. 124 Easy Objective 7-5 What are the roles of the various people involved in a criminal trial?

28. a. b.

The prosecution must offer every offender an opportunity to plea bargain. true false

Answer: b. false p. 115 Easy Objective 7-3 What are the major pretrial proceedings?

29. a. b.

Plea bargaining can be initiated by either prosecutor or defense counsel. true false

Answer: a. true p. 116 Easy Objective 7-3 What are the major pretrial proceedings?

30. a. b.

Contempt of court can only result in a fine and not imprisonment. true false

Answer: b. false p. 118 Easy 144

Objective 7-5 What are the roles of the various people involved in a criminal trial?

31. a. b.

Rules of evidence define how a trial will be conducted and the order of proceedings. true false

Answer: a. true p. 118 Easy Objective 7-3 What are the major pretrial proceedings?

32. a. b.

The defendant does not have to testify at trial. true false

Answer: a. true p. 122 Easy Objective 7-5 What are the roles of the various people involved in a criminal trial?

33. a. b.

Citizen jurors do not receive pay for their service. true false

Answer: b. false p. 123 Easy Objective 7-5 What are the roles of the various people involved in a criminal trial?

34. a. b.

The prosecutor can issue a gag order before a trial starts. true false

Answer: b. false p. 122 Easy Objective 7-5 What are the roles of the various people involved in a criminal trial?

35. a. b.

Indigent defense represents a substantial expense for the criminal justice system. true false

Answer: a. true p. 122 Easy Objective 7-5 What are the roles of the various people involved in a criminal trial?

145

36.

__________ is a rule that a defendant can be charged only once and punished only once for a crime.

Answer: a. Double jeopardy p. 109 Easy Objective 7-2 What are the guidelines for determining which court has jurisdiction over a crime?

37.

A __________ is made up of a panel of citizens who hear evidence to decide if a case should go forward.

Answer: a. Grand Jury p. 110 Easy Objective 7-3 What are the major pretrial proceedings?

38.

The Eighth Amendment does not guarantee a defendant will be granted bail. It only provides that if bail is set, it will not be __________.

Answer: a. excessive p. 112 Easy Objective 7-3 What are the major pretrial proceedings?

39.

_________ bonds are used to release people in the field for minor offenses like traffic laws.

Answer: a. Signature p. 114 Easy Objective 7-3 What are the major pretrial proceedings?

40.

Although police might arrest a suspect for a particular crime, the prosecutor still has __________ in deciding whether or not to officially charge the accused.

Answer: a. prosecutorial discretion p. 111 Easy Objective 7-3 What are the major pretrial proceedings?

41.

___________ means that a defendant understands the charges against him or her and is able to comprehend what their attorney is advising in his or her defense.

Answer: a. Competent to stand trial p. 114 Easy 146

Objective 7-3 What are the major pretrial proceedings?

42.

In sentence bargaining, the defendant may plead guilty to obtain some __________ at the time of sentencing.

Answer: a. leniency p. 116 Easy Objective 7-3 What are the major pretrial proceedings?

43.

__________ regulates nearly every aspect of a trial and its proceedings.

Answer: a. Rules of evidence p. 118 Easy Objective 7-3 What are the major pretrial proceedings?

44.

The __________ is responsible for maintaining court room security.

Answer: a. bailiff p. 119 Easy Objective 7-5 What are the roles of the various people involved in a criminal trial?

45.

The process through which a jury is selected is called __________.

Answer: a. voir dire p. 120 Easy Objective 7-5 What are the roles of the various people involved in a criminal trial?

Chapter 8: Sentencing 1. a. b. c. d.

Which of the following principles of punishment serves to prevent people from committing crime? incapacitation restorative justice deterrence retribution

Answer: c. deterrence p. 130 Easy 147

Objective 8-1 What is the purpose of sentencing?

2. a. b. c. d.

Corporal punishment would involve the administration of bodily pain. a split sentence. a rehabilitation program. community service.

Answer: a. bodily pain. p. 130 Easy Objective 8-1 What is the purpose of sentencing?

3. a. b. c. d.

Which of the following is not one of the contemporary philosophies regarding the purpose of punishment? revenge deterrence incapacitation rehabilitation

Answer: a. revenge p. 130 Easy Objective 8-1 What is the purpose of sentencing?

4. a. b. c. d.

A concept based on the premise that a person is best deterred from committing future crimes by the specific nature of the punishment is known as general deterrence. specific deterrence. criminal deterrence. actual deterrence.

Answer: b. specific deterrence. p. 131 Easy Objective 8-1 What is the purpose of sentencing?

5. a. b. c. d.

What eighteenth-century practice by Great Britain removed offenders from a society by literally sending them to Australia? exile banishment immigration transportation

Answer: d. transportation p. 132 148

Easy Objective 8-1 What is the purpose of sentencing?

6. a. b. c. d.

The principle that the only way to prevent a criminal from reoffending is to remove them from society is termed banishment. retribution. rehabilitation. incapacitation.

Answer: d. incapacitation. p. 132 Easy Objective 8-1 What is the purpose of sentencing?

7. a. b. c. d.

One of the historically oldest forms of punishment that removed an offender from society, with the understanding that if they returned they would be put to death was called retribution. general deterrence. banishment. cast away.

Answer: c. banishment. p. 132 Easy Objective 8-1 What is the purpose of sentencing?

8. a. b. c. d.

"Get-tough" sentencing would support punishment because the criminal deserves it.

Another name for this philosophy is transportation. retribution. incapacitation. specific deterrence.

Answer: b. retribution. p. 133 Easy Objective 8-1 What is the purpose of sentencing?

9. a. b. c. d.

Which punishment philosophy centers upon rehabilitating the victim rather that an offender? rehabilitation retribution restorative justice incapacitation

149

Answer: c. restorative justice p. 133 Easy Objective 8-1 What is the purpose of sentencing?

10. a. b. c. d.

The premise that a criminal can be "cured" of their criminality and returned to society is known as rehabilitation. retribution. restorative justice. incapacitation.

Answer: a. rehabilitation. p. 133 Easy Objective 8-1 What is the purpose of sentencing?

11. a. b. c. d.

The Insanity Defense Reform Act of 1984 requires a defendant in federal court found not guilty by reason of insanity to undergo immediate placement in a mental health facility. a civil commitment examination. a second trial to confirm the verdict. an automatic appeal based on the insanity defense.

Answer: b. a civil commitment examination. p. 135 Easy Objective 8-2 How does the criminal justice system sentence the offender with mental illness?

12. a. b. c. d.

Which state was first to adopt a new verdict known as "guilty but mentally ill"?

Florida Texas Ohio Michigan

Answer: d. Michigan p. 135 Easy Objective 8-2 How does the criminal justice system sentence the offender with mental illness?

13.

a. b. c.

A convicted offender's background, attitude and circumstances surrounding the offense are summarized for the judge by a probation officer prior to sentencing. This report is called a sentencing report. victim impact statement. presentence investigation.

150

d.

determinate investigation.

Answer: c. presentence investigation. p. 137 Easy Objective 8-4 What is the process of a presentence investigation and sentence hearing?

14. a. b. c. d.

Comments made by an injured party at an offender's sentencing hearing are known as the victim impact statements. presentence investigation report. sentencing guidelines. victim input statement.

Answer: a. victim impact statements. p. 138 Easy Objective 8-4 What is the process of a presentence investigation and sentence hearing?

15. a. b. c. d.

Which sentencing model gives judges nearly complete discretion in sentencing an offender? structured sentencing indeterminate sentencing determinate sentencing flexible sentencing

Answer: b. indeterminate sentencing p. 139 Easy Objective 8-5 How do various sentencing models influence a sentence?

16. a. b. c. d.

Tough sentencing laws designed to punish repeat offenders more harshly is called the recidivism laws. habitual offender laws. determinate laws. presumptive sentencing laws.

Answer: b. habitual offender laws. p. 140 Easy Objective 8-5 How do various sentencing models influence a sentence?

17. a. b. c. d.

Mandatory sentencing that gives repeat offenders longer prison terms is known as the tough sentencing guideline. mandatory sentencing law. indeterminate sentencing. three strikes laws.

151

Answer: d. three strikes laws. p. 140 Easy Objective 8-5 How do various sentencing models influence a sentence?

18. a. b. c. d.

A structured sentencing model that attempts to balance sentencing guidelines with mandatory sentencing and at the same time provide discretion to the judge is called determinate sentencing. indeterminate sentencing. mandatory exemplary sentencing. presumptive sentencing.

Answer: d. presumptive sentencing. p. 141 Easy Objective 8-5 How do various sentencing models influence a sentence?

19. a. b. c. d.

In which case did the U.S. Supreme Court effectively ban the use of the death penalty?

Furman v. Georgia Escobedo v. Illinois United States v. Fanfan Gregg v. Georgia

Answer: a. Furman v. Georgia p. 145 Easy Objective 8-6 How have U.S. Supreme Court rulings affected the death penalty sentence, and how has the Court responded to civil rights challenges to the death penalty?

20. a. b. c. d.

In which case did the U.S. Supreme Court require bifurcated trail structure for death penalty cases?

Furman v. Georgia Stanford v. Kentucky ACLU v. United States Gregg v. Georgia

Answer: d. Gregg v. Georgia p. 146 Easy Objective 8-6 How have U.S. Supreme Court rulings affected the death penalty sentence, and how has the Court responded to civil rights challenges to the death penalty?

21. a. b.

Corporal punishments under Islamic law allow use of the lash. true false 152

Answer: a. true p. 131 Easy Objective 8-1 What is the purpose of sentencing?

22. a. b.

Corporal punishment has been abandoned as an official punishment in the United States. true false

Answer: a. true p. 130 Easy Objective 8-1 What is the purpose of sentencing?

23. a. b.

Specific deterrence is the ability to rehabilitate an offender so he or she will never reoffend. true false

Answer: b. false pp. 131-132 Easy Objective 8-1 What is the purpose of sentencing?

24. a. b.

Transportation removed offenders from the community with the stipulation that if they return they would be put to death. true false

Answer: b. false p. 132 Easy Objective 8-1 What is the purpose of sentencing?

25. a. b.

The logic behind general deterrence says that if we witness someone suffering for a crime they committed, we will want to avoid pain and refrain from criminal activity. true false

Answer: a. true p. 132 Easy Objective 8-1 What is the purpose of sentencing?

26.

The retribution model of sentencing is also known as the remedial model of sentencing.

153

a. b.

true false

Answer: b. false p. 133 Easy Objective 8-1 What is the purpose of sentencing?

27. a. b.

Restorative justice focuses on greater efforts to punish an offender. true false

Answer: b. false p. 133 Easy Objective 8-1 What is the purpose of sentencing?

28. a. b.

Not guilty by reason of insanity does not mean the defendant is innocent. true false

Question ID: 8-28 Answer : a. true p. 134 Easy Objective 8-2 How does the criminal justice system sentence the offender with mental illness?

29. a. b.

Civil Commitment is a medical development and not a legal process. true false

Answer: b. false p. 135 Intermediate Objective 8-2 How does the criminal justice system sentence the offender with mental illness?

30. a. b.

Indeterminate sentencing gives a judge greater discretion when sentencing an offender. true false

Answer: a. true p. 139 Easy Objective 8-5 How do various sentencing models influence a sentence?

31.

Determinate sentencing is required in all states for felony cases.

154

a. b.

true false

Answer: b. false p. 140 Easy Objective 8-5 How do various sentencing models influence a sentence?

32. a. b.

The Sentencing Reform Act of 1984 set minimum and maximum terms of imprisonment for various federal offenses. true false

Answer: a. true p. 141 Easy Objective 8-5 How do various sentencing models influence a sentence?

33. a. b.

The debate over capital punishment can be traced back to the time of Greek philosopher Plato. true false

Answer: a. true p. 144 Easy Objective 8-6 How have U.S. Supreme Court rulings affected the death penalty sentence, and how has the Court responded to civil rights challenges to the death penalty?

34. a. b.

Those who oppose the use of capital punishment are called anti-abolitionists. true false

Answer: b. false p. 144 Easy Objective 8-6 How have U.S. Supreme Court rulings affected the death penalty sentence, and how has the Court responded to civil rights challenges to the death penalty?

35. a. b.

The United States Supreme Court reinstated use of the death penalty in the case of Furman v. Georgia. true false

Answer: b. false p. 145 155

Easy Objective 8-6 How have U.S. Supreme Court rulings affected the death penalty sentence, and how has the Court responded to civil rights challenges to the death penalty?

36.

_________ is based on the philosophy that punishment should prevent a criminal from reoffending.

Answer: a. Deterrence p. 130 Easy Objective 8-1 What is the purpose of sentencing?

37.

__________ is based on the premise that a person will be deterred from committing crimes in the future by the specific nature of the punishment.

Answer: a. Specific deterrence pp. 131-132 Easy Objective 8-1 What is the purpose of sentencing?

38.

The retribution philosophy of punishment is also known as the __________.

Answer: a. just desserts p. 133 Easy Objective 8-1 What is the purpose of sentencing?

39.

Great Britain once used the concept of __________ to send prisoners to Australia.

Answer: a. transportation p. 132 Easy Objective 8-1 What is the purpose of sentencing?

40.

Prior to sentencing the judge reads an evaluation regarding the defendant's background and circumstances of the offense. This report is called a __________.

Answer: a. presentence investigation pp. 137-138 Easy Objective 8-4 What is the process of a presentence investigation and sentence hearing?

41.

If the defense has proven to the jury that a defendant was guilty but legally insane, the verdict would be called __________.

Answer: a. not guilty by reason of insanity 156

p. 134 Easy Objective 8-2 How does the criminal justice system sentence the offender with mental illness?

42.

The __________ model of sentencing gives the judge the greater flexibility in setting the sentence of the offender.

Answer: a. indeterminate p. 139 Easy Objective 8-5 How do various sentencing models influence a sentence?

43.

_________ offender laws are tough sentencing laws to punish repeat offenders more harshly.

Answer: a. Habitual p. 140 Easy Objective 8-5 How do various sentencing models influence a sentence?

44.

Truth in sentencing laws in some states require an offender to serve __________ percent of his or her sentence before becoming eligible for release.

Answer: a. 85 p. 143 Easy Objective 8-5 How do various sentencing models influence a sentence?

45.

Most appeals to the death penalty are based on the __________ Amendment.

Answer: a. 8th p. 145 Intermediate Objective 8-6 How have U.S. Supreme Court rulings affected the death penalty sentence, and how has the Court responded to civil rights challenges to the death penalty?

157

Chapter 9: Jails and Prisons 1. a. b. c. d.

The Philadelphia Society to Alleviate the Miseries of Public Prisons was associated with which group?

Abolitionists Southern Baptist Catholics Quakers

Answer: d. Quakers p. 156 Easy Objective 9-1 What was the philosophy in colonial times that established American jails?

2. a. b. c. d.

The Walnut Street Jail was built in which city?

Philadelphia Atlanta Boston Pittsburgh

Answer: a. Philadelphia p. 156 Easy Objective 9-2 How did early American jails and prison systems progress from their earliest times to the present state of prison systems?

3. a. b. c. d.

What year was the Eastern State Penitentiary established?

1827 1828 1829 1830

Answer: c. 1829 p. 157 Easy Objective 9-2 How did early American jails and prison systems progress from their earliest times to the present state of prison systems?

4. a. b. c. d.

While in the Eastern State Penitentiary prisoners were kept in two person cells. isolation. four person cells. the hole.

Answer: b. isolation. p. 157 158

Easy Objective 9-2 How did early American jails and prison systems progress from their earliest times to the present state of prison systems?

5. a. b. c. d.

Which correctional practice prohibited inmates from talking to other inmates? the silent system the congregate work system the lash the workshop system

Answer: a. the silent system p. 157 Easy Objective 9-2 How did early American jails and prison systems progress from their earliest times to the present state of prison systems?

6. a. b. c. d.

The practice of moving inmates from sleeping cells to other areas of the prison for work and meals was termed the the penitent system. the congregate work system. the silent system. the convict release system.

Answer: b. the congregate work system. p. 158 Easy Objective 9-2 How did early American jails and prison systems progress from their earliest times to the present state of prison systems?

7. a. b. c. d.

In Southern prison systems, the practice of using inmate labor to maintain profit making plantations was knows as the chain gang. convict lease system. prison farm system. outdoor work detail.

Answer: c. prison farm system. p. 159 Intermediate Objective 9-2 How did early American jails and prison systems progress from their earliest times to the present state of prison systems?

8. a. b. c.

Which early prison system became a prototype model for future American prisons?

Pennsylvania Western Penitentiary Eastern Penitentiary 159

d.

Auburn

Answer: d. Auburn p. 157 Easy Objective 9-2 How did early American jails and prison systems progress from their earliest times to the present state of prison systems?

9. a. b. c. d.

The average annual cost of housing an inmate in a state prison is approximately $7,500. $15,000. $21,000. $29,000.

Answer: d. $29,000. p. 161 Easy Objective 9-7 What are some of the major challenges resulting from the record high use of incarceration?

10. a. b. c. d.

Which American criminologist suggested that prisoners should be placed on selfcontained, self-governing reservations completely isolated from society?

Cesare Lombroso Earnest Hooton Jeremy Bentham William Penn

Answer: b. Earnest Hooton p. 160 Easy Objective 9-2 How did early American jails and prison systems progress from their earliest times to the present state of prison systems?

11. a. b. c. d.

Since 1983 the jail population in our nation has remained constant. doubled. tripled. declined.

Answer: b. doubled. p. 164 Easy Objective 9-2 How did early American jails and prison systems progress from their earliest times to the present state of prison systems?

12.

Who usually has the responsibility for operating the county jail?

160

a. b. c. d.

city manager sheriff deputy judge

Answer: b. sheriff p. 163 Easy Objective 9-3 What is the purpose of jails, and what types of jails are there?

13. a. b. c. d.

Which offender is typically housed in a state operated prison? convicted felons offenders awaiting trial those convicted of misdemeanors terrorist suspects

Answer: a. convicted felons p. 165 Easy Objective 9-4 What is the purpose of state prisons, what are their classification systems and special populations, and how do they reflect racism?

14. a. b. c. d.

The decision to which facility an inmate will first be sent and the inmate's security risk level is a process called prisoner post. initial placement. prisoner diagnosis. prison consultation.

Answer: b. initial placement. p. 167 Easy Objective 9-4 What is the purpose of state prisons, what are their classification systems and special populations, and how do they reflect racism?

15. a. b. c. d.

The term "living environment" refers to whether an inmate will be housed in solitary confinement. the hole. a single cell or multiple-inmate cell. segregation.

Answer: c. a single cell or multiple-inmate cell. p. 167 Easy Objective 9-4 What is the purpose of state prisons, what are their classification systems and special populations, and how do they reflect racism?

161

16. a. b. c. d.

The primary reason behind the use of prison privatization is to reduce costs. eliminate overcrowding. lease other properties. improve prison living conditions.

Answer: a. reduce costs. p. 173 Easy Objective 9-6 What is privatization, and what are its advantages and disadvantages?

17. a. b. c. d.

The Prison Rape Elimination Act was passed in 1890.

1965.

1994.

2003.

Answer: d. 2003. p. 175 Easy 18.

a. b. c. d.

In order to align the healthcare facilities with the needs of the prison population, how many inmates in the California Correctional system have been ordered to be released by 2011?

5,000 10,000 40,000 90,000

Answer: c. 40,000 p. 176 Easy Objective 9-7 What are some of the major challenges resulting from the record high use of incarceration?

19. a. b. c. d.

The movement of mentally ill offenders from hospitalization to community-based care is termed prison coding. deinstitutionalization. inmate placement. behavioral residency.

Answer: b. deinstitutionalization. p. 178 Easy 162

Objective 9-4 What is the purpose of state prisons, what are their classification systems and special populations, and how do they reflect racism?

20. a. b. c. d.

What is the annual cost on average to provide round-the-clock health care to an elderly and ill inmate? $12,000 $25,000 $42,000 $65,000

Answer: d. $65,000 p. 176 Easy Objective 9-7 What are some of the major challenges resulting from the record high use of incarceration?

21. a. b.

The conditions in early American colonial jails were considered humane. true false

Answer: b. false p. 156 Easy Objective 9-1 What was the philosophy in colonial times that established American jails?

22. a. b.

The Auburn Prison system was designed to be self-sufficient. true false

Answer: a. true p. 158 Easy Objective 9-2 How did early American jails and prison systems progress from their earliest times to the present state of prison systems?

23. a. b.

Jails are usually operated by a county sheriff's department. true false

Answer: a. true p. 163 Easy Objective 9-3 What is the purpose of jails, and what types of jails are there?

24. a.

Privatized prisons are considered less expensive to operate state run prison. true 163

b.

false

Answer: a. true p. 173 Easy Objective 9-6 What is privatization, and what are its advantages and disadvantages?

25. a. b.

The United States has the lowest incarceration rate of any country in the world. true false

Answer: b. false p. 159 Easy 26. a. b.

The early Auburn prison system became a prototype model for future American prison design. true false

Answer: a. true p. 157 Easy Objective 9-2 How did early American jails and prison systems progress from their earliest times to the present state of prison systems?

27. a. b.

The Prison Rape Elimination Act was passed in 2003. true false

Answer: a. true p. 175 Easy 28. a. b.

The city mayor is responsible for the operations of the local jail. true false

Answer: b. false p. 163 Easy Objective 9-3 What is the purpose of jails, and what types of jails are there?

29. a.

The average annual cost to house an inmate in a state prison is approximately $5,000 dollars. true 164

b.

false

Question ID: 9-29 Answer: b. false p. 161 Easy Objective 9-7 What are some of the major challenges resulting from the record high use of incarceration?

30. a. b.

The original Eastern State Penitentiary was designed as a minimum security prison. true false

Answer: b. false p. 157 Easy Objective 9-2 How did early American jails and prison systems progress from their earliest times to the present state of prison systems?

31. a. b.

The Warren Court (1953-1969) ruled that constitutional protections did not extend to prisoners. true false

Answer: b. false p. 161 Easy Objective 9-2 How did early American jails and prison systems progress from their earliest times to the present state of prison systems?

32. a. b.

The maximum sentence for someone incarcerated in a Native American jail is 5 years. true false

Answer: b. false p. 163 Easy 33. a. b.

The U.S. jail population has doubled since the year 1983. true false

Answer: a. true p. 164 Easy Objective 9-3 What is the purpose of jails, and what types of jails are there?

165

34. a. b.

AIDS cases among our nation's prisoners are 3.5 times the rate for the U.S. general population. true false

Question ID: 9-34 Answer: a. true p. 177 Easy 35. a. b.

Prisonization is a process wherein inmates adopt the official rules of the prison administration. true false

Answer: b. false p. 179 Intermediate 36.

The Philadelphia Society to alleviate the Miseries of Public Prisons was called for by the __________.

Answer: a. Quakers p. 156 Easy Objective 9-1 What was the philosophy in colonial times that established American jails?

37.

The Eastern State Penitentiary was not designed as a jail, but rather as a place for inmates to do __________ .

Answer: a. penitence p. 157 Easy Objective 9-2 How did early American jails and prison systems progress from their earliest times to the present state of prison systems?

38.

The Auburn system utilized a unique prison architecture known as __________.

Answer: a. inside cell block p. 157 Easy Objective 9-2 How did early American jails and prison systems progress from their earliest times to the present state of prison systems?

39.

There are over 3,000 local or county __________.

166

Answer: a. jails p. 163 Easy Objective 9-3 What is the purpose of jails, and what types of jails are there?

40. _________ are institutions housing only convicted inmates.

Answer: a. State prisons p. 165 Easy Objective 9-4 What is the purpose of state prisons, what are their classification systems and special populations, and how do they reflect racism?

41.

The decision to which facility an inmate will first be sent and the inmate's security risk level is a process called __________.

Answer: a. initial placement p. 167 Easy 42.

Today, prison __________ known as security-risk groups, are a serious problem.

Answer: a. gangs p. 175 Easy 43.

Section 1983 lawsuits are civil lawsuits filed in __________ court alleging the government has violated a constitutional right.

Answer: a. federal p. 176 Easy 44.

Socialization into distinct prison subculture with its own values, mores, norms, and sanctions is __________.

Answer: a. prisonization p. 179 Easy 45.

The movement of mentally ill offenders from hospitalization to community-based care is called __________.

Answer: a. deinstitutionalization p. 178 167

Easy

168

Chapter 10: Probation and Parole 1. a. b. c. d.

When a defendant is offered an alternative to criminal trial and a possible prison sentence, it is called a suspended sentence. diversion. mandatory release. good time credit.

Answer: b. diversion. p. 186 Easy Objective 10-2 What are the differences among diversion, probation, and parole, and among mandatory release, good-time release, and pardon or commutation of sentence?

2. a. b. c. d.

Another term used to denote probation is mandatory release. diversion. suspended sentence. parole.

Answer: c. suspended sentence. p. 186 Basic Objective 10-2 What are the differences among diversion, probation, and parole, and among mandatory release, good-time release, and pardon or commutation of sentence?

3. a. b. c. d.

How much good-time credit can a federal prisoner earn annually after completion of the first year of their sentence?

25 days 54 days 60 days 100 days

Answer: b. 54 days p. 187 Easy Objective 10-2 What are the differences among diversion, probation, and parole, and among mandatory release, good-time release, and pardon or commutation of sentence?

4. a. b. c. d.

Who has the authority to grant a pardon or clemency? a state senator the U.S. Supreme Court the president the U.S. house and senate

169

Answer: c. the president p. 187 Easy Objective 10-2 What are the differences among diversion, probation, and parole, and among mandatory release, good-time release, and pardon or commutation of sentence?

5. a. b. c. d.

Reduction in the severity or length of an inmate's sentence is called a(n) commutation of sentence. an executive pardon. parole. clemency.

Answer: a. commutation of sentence. p. 187 Easy Objective 10-2 What are the differences among diversion, probation, and parole, and among mandatory release, good-time release, and pardon or commutation of sentence?

6. a. b. c. d.

How many pardons can a governor grant? none the first year in office ten two There are no limitations on pardons that a governor may grant.

Answer: d. There are no limitations on pardons that a governor may grant. p. 187 Easy Objective 10-2 What are the differences among diversion, probation, and parole, and among mandatory release, good-time release, and pardon or commutation of sentence?

7. a. b. c. d.

Pardons are sometimes referred to as illegal. probation. parole. clemency.

Answer: d. clemency. p. 187 Easy Objective 10-2 What are the differences among diversion, probation, and parole, and among mandatory release, good-time release, and pardon or commutation of sentence?

8. a. b.

The conditional release of a convicted offender before he or she serves any prison time is called parole. probation.

170

c. d.

pardon. clemency.

Answer: b. probation. p. 188 Easy Objective 10-2 What are the differences among diversion, probation, and parole, and among mandatory release, good-time release, and pardon or commutation of sentence?

9. a. b. c. d.

Who initiated a process in Boston's municipal courtroom, which later become known as probation?

Ben Franklin John Augustus Benjamin Rush John Howard

Answer: b. John Augustus p. 188 Easy Objective 10-3 What are the origins, reasons for, processes, and advantages of probation?

10. a. b. c. d.

What year did John Augustus ask a judge if he could take a drunkard home and put him to work?

1629 1778 1841 1930

Answer: c.1841 p. 188 Easy Objective 10-3 What are the origins, reasons for, processes, and advantages of probation?

11. a. b. c. d.

Which state passed the first probation statute?

Massachusetts Maine New York South Carolina

Answer: a. Massachusetts p. 188 Easy Objective 10-3 What are the origins, reasons for, processes, and advantages of probation?

12.

Which of the following is not one of the five common organizational structures for state probation offices discussed in the text?

171

a. b. c. d.

under the state judiciary within the state executive branch within U.S. District courts under local courts

Answer: c. within U.S. District courts p. 189 Intermediate Objective 10-3 What are the origins, reasons for, processes, and advantages of probation?

13. a. b. c. d.

Which of the following is not one of the five parts of the federal pretrial sentencing report? narrative of offense defendant's criminal history sentence to be imposed by the judge description of defendant's life style

Answer: c. sentence to be imposed by the judge pp. 189-190 Intermediate Objective 10-3 What are the origins, reasons for, processes, and advantages of probation?

14. a. b. c. d.

Approximately how much does it cost to keep someone on probation for a year? $13,000 $1,300 $1,000 $800

Answer: c.$1,000 p. 190 Easy Objective 10-3 What are the origins, reasons for, processes, and advantages of probation?

15. a. b. c. d.

What percentage of adults successfully complete probation?

12% 24% 38% 63%

Answer: d. 63% p. 191 Intermediate Objective 10-3 What are the origins, reasons for, processes, and advantages of probation?

16.

Which of the following is not one of the standard conditions for a probationer?

172

a. b. c. d.

maintain employment have a place to live refrain from drug or alcohol use be active in a church of the probationer's choosing

Answer: d. be active in a church of the probationer's choosing p. 190 Easy Objective 10-3 What are the origins, reasons for, processes, and advantages of probation?

17. a. b. c. d.

Imprisonment for violating a condition of probation is called what? technical violation criminal act total violation technical crime

Answer: a. technical violation p. 191 Easy Objective 10-3 What are the origins, reasons for, processes, and advantages of probation?

18. a. b. c. d.

Prior to the Warren Court, probation was considered to be a due process requirement. an act of grace. a Constitutional mandate. a national disgrace.

Answer: b. an act of grace. p. 191 Intermediate Objective 10-3 What are the origins, reasons for, processes, and advantages of probation?

19. a. b. c. d.

Who is responsible for the mark system, a forerunner of the parole system?

Alexander Maconochie John Augustus Sir Walter Crofton President George Washington

Answer: a. Alexander Maconochie p. 192 Easy Objective 10-4 What are the origins, the pros and cons of parole, the process of granting parole, and the conditions of parole?

20.

The origin of parole based on the concept of releasing prisoners on their honor after serving a portion of their sentence, but before the maximum term is called 173

a. b. c. d.

probation. mark system. parole d'honneur. ticket of leave.

Answer: c. parole d'honneur. p. 192 Easy Objective 10-4 What are the origins, the pros and cons of parole, the process of granting parole, and the conditions of parole?

21. a. b.

Inmates cannot earn early release from prison. true false

Answer: b. false p. 192 Easy Objective 10-1 Why does the criminal justice system provide for early release of inmates or no prison time for convicted offenders?

22. a. b.

Pardon and commutation of sentence can be performed by Congress. true false

Answer: b. false p. 187 Easy Objective 10-2 What are the differences among diversion, probation, and parole, and among mandatory release, good-time release, and pardon or commutation of sentence?

23.

Parole results in the conditional release of a convicted offender prior to him or her serving any prison time. a. true b. false Answer: b. false p. 188 Easy Objective 10-2 What are the differences among diversion, probation, and parole, and among mandatory release, good-time release, and pardon or commutation of sentence?

24. a. b.

John Augustus used his personal business and money to fund his probation efforts. true false

174

Answer: a. true p. 188 Easy Objective 10-3 What are the origins, reasons for, processes, and advantages of probation?

25. a. b.

John Augustus rescued more than 2,000 defendants from incarceration during his career. true false

Answer: a. true p. 188 Easy Objective 10-3 What are the origins, reasons for, processes, and advantages of probation?

26. a. b.

The Office of Probation and Pretrial Services provides federal judges with presentence reports to assist the judge in deciding if probation is appropriate. true false

Answer: a. true p. 189 Easy Objective 10-3 What are the origins, reasons for, processes, and advantages of probation?

27. a. b.

People on probation lose all their due process rights. true false

Answer: b. false p. 191 Easy Objective 10-3 What are the origins, reasons for, processes, and advantages of probation?

28. a. b.

It is the probation officer who decides if an individual's probation is to be revoked. true false

Answer: b. false p. 191 Intermediate Objective 10-3 What are the origins, reasons for, processes, and advantages of probation?

29. a. b.

The Irish system is the model on which the American parole system is based. true false

175

Answer: a. true p. 192 Easy Objective 10-4 What are the origins, the pros and cons of parole, the process of granting parole, and the conditions of parole?

30. a. b.

In the consolidated model of parole the board operates under the authority of the state Department of Corrections. true false

Answer: a. true p. 195 Easy Objective 10-4 What are the origins, the pros and cons of parole, the process of granting parole, and the conditions of parole?

31. a. b.

Meetings with inmates, attorneys, and others in which the board decides whether to grant, deny, or revoke the convict's freedom is called a probation hearing. true false

Answer: b. false p. 196 Easy Objective 10-4 What are the origins, the pros and cons of parole, the process of granting parole, and the conditions of parole?

32. a. b.

Some probation and parole officers are authorized to carry a concealed weapon. true false

Answer: a. true p. 200 Easy Objective 10-5 How are probation and parole supervised?

33. a. b.

Federal probation and parole officers are required to have a bachelor's degree. true false

Answer: a. true p. 200 Easy Objective 10-5 How are probation and parole supervised?

176

34. a. b.

Probation and parole officers are case workers with law enforcement powers who supervise convicted offenders in the community. true false

Answer: a. true p. 200 Easy Objective 10-5 How are probation and parole supervised?

35. a. b.

The experiences of Augustus, Maconochie and Crofton were very similar to the success rates of modern probation and parole programs. true false

Answer: b. false p. 201 Easy Objective 10-3 What are the origins, reasons for, processes, and advantages of probation?

36.

When a prisoner has served the entire length of their maximum sentence, the requirement that they be released is called __________.

Answer: a. mandatory release p. 186 Easy Objective 10-2 What are the differences among diversion, probation, and parole, and among mandatory release, good-time release, and pardon or commutation of sentence?

37.

________ is when a defendant is offered an alternative to criminal trial and a prison sentence, such as drug court, boot camp, and a treatment program.

Answer: a. Diversion p. 186 Easy Objective 10-1 Why does the criminal justice system provide for early release of inmates or no prison time for convicted offenders?

38.

Pardons and commutations of sentences are acts of __________.

Answer: a. mercy p. 187 Intermediate Objective 10-1 Why does the criminal justice system provide for early release of inmates or no prison time for convicted offenders?

177

39.

Prison authorities use the deduction of __________ days to regulate nearly every aspect of the inmates' behavior.

Answer: a. good-time p. 187 Easy Objective 10-2 What are the differences among diversion, probation, and parole, and among mandatory release, good-time release, and pardon or commutation of sentence?

40.

A(n) __________ is an act by a governor or the president that forgives the prisoner and rescinds the sentence.

Answer: a. executive pardon p. 187 Easy Objective 10-2 What are the differences among diversion, probation, and parole, and among mandatory release, good-time release, and pardon or commutation of sentence?

41. __________ is a conditional release of the offender after conviction, but prior to serving prison time.

Answer: a. Probation p. 188 Easy Objective 10-2 What are the differences among diversion, probation, and parole, and among mandatory release, good-time release, and pardon or commutation of sentence?

42.

At a cost of approximately $ __________ per year, probation is much cheaper than prison.

Answer: a. 1,000 p. 190 Easy Objective 10-3 What are the origins, reasons for, processes, and advantages of probation?

43.

Being sent back to prison for violating a condition of probation is called a __________.

Answer: a. technical violation p. 191 Easy Objective 10-3 What are the origins, reasons for, processes, and advantages of probation?

44.

The decision to revoke parole is initiated by the __________.

Answer: a. parole officer p. 191 178

Easy Objective 10-4 What are the origins, the pros and cons of parole, the process of granting parole, and the conditions of parole?

45.

__________ pioneered the practice of conditional release for inmates, prior to completion of their sentences, based on good behavior.

Answer: a. Sir Walter Crofton p. 192 Intermediate Objective 10-4 What are the origins, the pros and cons of parole, the process of granting parole, and the conditions of parole?

179

Chapter 11: Corrections in the Community 1. a. b. c. d.

What percentage of prisoners serving time will eventually be released back into society?

5% 25% 50% 95%

Answer: d. 95% p. 207 Easy Objective 11-1 Why are the federal government and states turning to community corrections sanctions?

2. a. b. c. d.

Treatment programs designed to support the transition of offenders from prison back into the community are known as retributive correction. community-based corrections.

Parole services. determinate sentencing.

Answer: b. community-based corrections. p. 208 Easy Objective 11-4 What are the various community corrections sanctions used by the criminal justice system, and how are they different from traditional early-release programs?

3. a. b. c. d.

Prisoners who fail to reenter a community as a law-abiding citizen impact the community's quality of life. federal grant money. sales tax rate. charity groups.

Answer: a. quality of life. p. 209 Easy Objective 11-1 Why are the federal government and states turning to community corrections sanctions?

4. a. b. c. d.

Which of the following is a community-based intermediate sanction? reporting to a parole officer on a weekly basis publicly apologizing to the victim home confinement and electronic monitoring serving less than one year in jail

180

Answer: c. home confinement and electronic monitoring p. 209 Intermediate Objective 11-4 What are the various community corrections sanctions used by the criminal justice system, and how are they different from traditional early-release programs?

5. a. b. c. d.

Which of the following sanctions would place a person in jail for a short time and then brought back to court to consider a probationary period? intensive probation community service reintegrative shamming split sentencing

Answer: d. split sentencing p. 212 Easy Objective 11-4 What are the various community corrections sanctions used by the criminal justice system, and how are they different from traditional early-release programs?

6. a. b. c. d.

A sentence involving a brief period of imprisonment before serving probation is called shock probation. split sentencing. house arrest. shock incarceration.

Answer: a. shock probation. p. 212 Intermediate Objective 11-4 What are the various community corrections sanctions used by the criminal justice system, and how are they different from traditional early-release programs?

7. a. b. c. d.

An advancement in home confinement that ensures compliance through electronic means is known as electronic eavesdropping. technology trap. electronic monitoring. semiconductor monitoring.

Answer: c. electronic monitoring. p. 213 Easy Objective 11-4 What are the various community corrections sanctions used by the criminal justice system, and how are they different from traditional early-release programs?

8.

Religious groups that provide vocational training combined with religious instruction to inmates are known as 181

a. b. c. d.

citizen-based programs. faith-based programs. community-based programs. spiritual programs.

Answer: b. faith-based programs. p. 215 Easy Objective 11-5 What new strategies are being used to promote reentry into the community for ex-offenders?

9. a. b. c. d.

Which of the following would be considered the most difficult issue facing an exoffender upon his or her return to society? finding a literacy program obtaining a driver's license earning a high school equivalency finding gainful employment

Answer: d. finding gainful employment p. 215 Intermediate Objective 11-2 What is the cycle of offending?

10. a. b. c. d.

What would be the greatest advantage for an inmate using a Day Reporting Center? being able to maintain employment having a flexible daily schedule being able to attend church being able to visit family members

Answer: a. being able to maintain employment p. 218 Intermediate Objective 11-5 What new strategies are being used to promote reentry into the community for ex-offenders?

11. a. b. c. d.

The Drug Use Forecasting (DUF) data indicated that a majority of people at the time of arrest were under the influence of prescription medication. under the influence of one or more illicit drugs. committing vandalism of public property. committing a homicide or sexual assault.

Answer: b. under the influence of one or more illicit drugs. p. 218 Easy

182

Objective 11-6 What programs are being used to promote reentry into the community for drug offenders?

12. a. b. c. d.

Traditional incarceration, probation and parole are proving to be highly effective. still being studied as to their effectiveness. failing to stem the tide of prisoners returning to jail after release. the focus of expanded plans for the correctional field.

Answer: c. failing to stem the tide of prisoners returning to jail after release. p. 206 Easy Objective 11-1 Why are the federal government and states turning to community corrections sanctions?

13. a. b. c. d.

Intensive probation supervision focuses on smaller case loads and more emphasis on offender compliance. less frequent home contacts. fewer meeting with the probation officer. more forgiving about technical violations.

Answer: a. more emphasis on offender compliance. p. 211 Easy Objective 11-4 What are the various community corrections sanctions used by the criminal justice system, and how are they different from traditional early-release programs?

14. a. b. c. d.

Home confinement is a parole board decision. granted by the governor. a prosecutor's recommendation. a court-imposed sentence.

Answer: d. a court-imposed sentence. p. 213 Intermediate Objective 11-4 What are the various community corrections sanctions used by the criminal justice system, and how are they different from traditional early-release programs?

15. a. b. c. d.

What percentage of employers said they would not knowingly hire an ex-offender?

10% 25% 65% 99%

Answer: c. 65% 183

p. 215 Easy Objective 11-2 What is the cycle of offending?

16. a. b. c. d.

Halfway houses are considered a court ordered sanction. a transition program moving from prison back to the community in steps. solely a parole board decision. a home confinement program.

Answer: b. a transition program moving from prison back to the community in steps. p. 217 Easy Objective 11-5 What new strategies are being used to promote reentry into the community for ex-offenders?

17. a. b. c. d.

Halfway houses typically face significant community opposition. local support for their construction. community support for training programs. charitable contributions from many community members.

Answer: a. significant community opposition. p. 217 Easy Objective 11-3 What opposition is there to community corrections sanctions?

18. a. b. c. d.

Drug courts seek to be stricter about minor violations. be more punitive by nature. impose harsher sentences. stop the revolving door syndrome.

Answer: d. stop the revolving door syndrome. pp. 218-219 Easy Objective 11-6 What programs are being used to promote reentry into the community for drug offenders?

19. a. b. c. d.

In contrast to the traditional adjudication process, drug court programs are highly ineffective. successfully reducing recidivism. under question as to their effectiveness. more expensive than straight incarceration.

Answer: b. successfully reducing recidivism.

184

p. 220 Easy Objective 11-6 What programs are being used to promote reentry into the community for drug offenders?

20. a. b. c. d.

About what percentage of people under court supervision are on either probation or parole?

15% 25% 50% 70%

Answer: d. 70% p. 222 Easy 21. a. b.

Upon release from prison most inmates are not ready to reenter the community. true false

Answer: a. true p. 207 Easy Objective 11-1 Why are the federal government and states turning to community corrections sanctions?

22. a. b.

Intensive probation supervision (IPS) officers typically have very high case loads. true false

Answer: b. false p. 211 Easy Objective 11-5 What new strategies are being used to promote reentry into the community for ex-offenders?

23. a. b.

Shock probation is a sentence involving a brief period of imprisonment before serving probation. true false

Answer: a. true p. 212 Easy Objective 11-5 What new strategies are being used to promote reentry into the community for ex-offenders?

185

24. a. b.

Electronic monitoring is considered more expensive than using a probation officer for monitoring an ex-offender. true false

Answer: b. false p. 214 Easy Objective 11-4 What are the various community corrections sanctions used by the criminal justice system, and how are they different from traditional early-release programs?

25. a. b.

Community-based sanctions are not designed to reduce recidivism. true false

Answer: b. false pp. 208-209 Easy Objective 11-4 What are the various community corrections sanctions used by the criminal justice system, and how are they different from traditional early-release programs?

26. a. b.

A majority of employers surveyed stated they would not hire an ex-offender. true false

Answer: a. true p. 215 Easy Objective 11-2 What is the cycle of offending?

27. a. b.

Day Reporting Centers are considered an intermediate sanction. true false

Answer: a. true p. 218 Easy Objective 11-5 What new strategies are being used to promote reentry into the community for ex-offenders?

28. a. b.

Drug Court programs have proven to be ineffective in regards to rehabilitation. true false

Answer: b. false 186

p. 220 Easy Objective 11-6 What programs are being used to promote reentry into the community for drug offenders?

29. a. b.

Some studies have suggested that Faith-Based programs have shown to reduce recidivism. true false

Answer: a. true p. 215 Easy Objective 11-5 What new strategies are being used to promote reentry into the community for ex-offenders?

30. a. b.

A majority of inmates reentering prison admitted to using either drugs or alcohol while on release. true false

Answer: a. true p. 218 Easy Objective 11-6 What programs are being used to promote reentry into the community for drug offenders?

31. a. b.

The return-to-prison rate for boot camps is comparable to those who do not participate in the program. true false

Answer: a. true p. 213 Easy Objective 11-2 What is the cycle of offending?

32. a. b.

Halfway houses typically find no opposition from the local community. true false

Answer: b. false p. 217 Easy Objective 11-5 What new strategies are being used to promote reentry into the community for ex-offenders?

187

33. a. b.

Drug court programs are showing some success in reducing recidivism. true false

Answer: a. true p. 220 Easy Objective 11-6 What programs are being used to promote reentry into the community for drug offenders?

34. a. b.

The recidivism rate for inmates is lower for those who had taken college courses while in prison. true false

Answer: a. true p. 217 Easy Objective 11-5 What new strategies are being used to promote reentry into the community for ex-offenders?

35. a. b.

The Buffalo Veterans Court has received virtually no criticism as to its legality. true false

Answer: b. false p. 223 Easy 36.

_________ are alternatives to incarceration in jail or prison, such as house arrest or work release programs.

Answer: a. Community-based corrections p. 208 Easy Objective 11-5 What new strategies are being used to promote reentry into the community for ex-offenders?

37.

Probation officers with smaller case loads in order to increase contact meetings and compliance with a probationer is termed __________.

Answer: a. intensive probation supervision p. 211 Easy

188

Objective 11-5 What new strategies are being used to promote reentry into the community for ex-offenders?

38.

__________ is a sentence involving a brief period of imprisonment before serving probation.

Answer: a. Shock probation p. 212 Easy Objective 11-5 What new strategies are being used to promote reentry into the community for ex-offenders?

39.

Home confinement programs typically make use of electronic __________.

Answer: a. monitoring p. 213 Easy Objective 11-4 What are the various community corrections sanctions used by the criminal justice system, and how are they different from traditional early-release programs?

40.

Community corrections sanctions are designed to reduce recidivism and protect the __________.

Answer: a. community p. 209 Easy Objective 11-4 What are the various community corrections sanctions used by the criminal justice system, and how are they different from traditional early-release programs?

41.

A program that allows facilities to release inmates into the community to a paying job is called __________.

Question ID: 11-41

Answer: a. work release p. 215 Easy Objective 11-5 What new strategies are being used to promote reentry into the community for ex-offenders?

42.

The most serious obstacle facing an offender returning to society is finding a __________.

Answer: a. job p. 215 Easy Objective 11-2 What is the cycle of offending?

189

43.

Drug court programs are showing some success in reducing __________.

Answer: a. recidivism p. 220 Easy Objective 11-6 What programs are being used to promote reentry into the community for drug offenders?

44.

__________ is a program in which inmates are released to attend college.

Answer: a. Education release pp. 216-217 Easy Objective 11-5 What new strategies are being used to promote reentry into the community for ex-offenders?

45.

The states of Oklahoma and __________ implemented the first boot camp programs.

Answer: a. Georgia p. 212 Easy Objective 11-1 Why are the federal government and states turning to community corrections sanctions?

Chapter 12: The Juvenile Justice System 1. a. b. c. d.

In colonial America, the age one could be found able to form mens rea was age five. seven. nine. eleven.

Answer: b. seven. p. 228 Easy Objective 12-2 What were the foundations for the early juvenile criminal justice system?

2. a. b. c. d.

In colonial America, a juvenile was considered to be an adult in court at what age? seven nine twelve fourteen 190

Answer: d. fourteen p. 228 Easy Objective 12-2 What were the foundations for the early juvenile criminal justice system?

3. a. b. c. d.

The first juvenile court was established in 1899 in the state of California.

Texas.

Wisconsin.

Illinois.

Answer: d. Illinois. p. 230 Easy Objective 12-3 How did the establishment of the first juvenile court and following major court cases shape the jurisdiction for and due process rights of juvenile offenders?

4. a. b. c. d.

Which of the following is NOT a situation in which the juvenile court would assume authority over a juvenile?

The juvenile's welfare was threatened.

The juvenile was mentally ill.

The juvenile was a status offender.

The juvenile was a delinquent.

Answer: b. The juvenile was mentally ill. p. 231 Easy Objective 12-5 How are juveniles processed through the juvenile justice system?

5. a. b. c. d.

Which of the following is not an example of a status offense? running away from home burglary truancy curfew

Answer: b. burglary p. 231 Intermediate Objective 12-5 How are juveniles processed through the juvenile justice system?

6. a. b. c. d.

Which case established criteria for transferring juvenile offenders into adult court?

Kent v. United States McKeiver v. Pennsylvania Breed v. Jones Schall v. Martin 191

Answer: a. Kent v. United States p. 232 Easy Objective 12-3 How did the establishment of the first juvenile court and following major court cases shape the jurisdiction for and due process rights of juvenile offenders?

7. a. b. c. d.

Which case determined that juveniles cannot be tried in both juvenile and adult courts for the same offense?

Kent v. United States McKeiver v. Pennsylvania Breed v. Jones Schall v. Martin

Answer: c. Breed v. Jones p. 234 Easy Objective 12-3 How did the establishment of the first juvenile court and following major court cases shape the jurisdiction for and due process rights of juvenile offenders?

8. a. b. c. d.

Which case established that juveniles do not have a constitutional right to a jury trial?

Kent v. United States McKeiver v. Pennsylvania Breed v. Jones Schall v. Martin

Answer: b. McKeiver v. Pennsylvania pp. 233-234 Easy Objective 12-3 How did the establishment of the first juvenile court and following major court cases shape the jurisdiction for and due process rights of juvenile offenders?

9. a. b. c. d.

Which case brought forth to the Supreme Court the issue of preventive detention for juveniles?

Kent v. United States McKeiver v. Pennsylvania Breed v. Jones Schall v. Martin

Answer: d. Schall v. Martin p. 234 Easy Objective 12-3 How did the establishment of the first juvenile court and following major court cases shape the jurisdiction for and due process rights of juvenile offenders?

10.

Which of the following is not considered a model of juvenile justice classifying?

192

a. b. c. d.

centralized states decentralized states combination states e-combination states

Answer: d. e-combination states p. 237 Easy Objective 12-5 How are juveniles processed through the juvenile justice system?

11. a. b. c. d.

Which of the following is not a characteristic of hybrid gangs?

They are more violent than in the past.

There are more female members than in the past.

The members are younger than in the past.

The majority of the members are Caucasian.

Answer: a. They are more violent than in the past. p. 247 Easy Objective 12-6 What are some of the unique problems posed by youthful offenders, such as very young offenders, youth gangs, and substance abuse?

12. a. b. c. d.

The DARE program targeted youth in what grades?

1st and 2nd 3rd and 4th 5th and 6th 10th and 11th

Answer: c. 5th and 6th p. 249 Easy Objective 12-6 What are some of the unique problems posed by youthful offenders, such as very young offenders, youth gangs, and substance abuse?

13. a. b. c. d.

Which of the following is not supported by research on the DARE program?

It has been very effective at preventing drug use in teens.

There may be decreased drug-use while youth are in program.

It may be a cause of rising drug use by juveniles.

School funding for the program has been cut.

Answer: a. It has been very effective at preventing drug use in teens. p. 249 Easy Objective 12-6 What are some of the unique problems posed by youthful offenders, such as very young offenders, youth gangs, and substance abuse?

193

14. a. b. c. d.

From 2003 to 2004, which of the following drugs was the only one found to be rising in teenage use according to the National Youth Anti-Drug Campaign? marijuana LSD cocaine prescription drugs

Answer: d. prescription drugs p. 250 Easy Objective 12-6 What are some of the unique problems posed by youthful offenders, such as very young offenders, youth gangs, and substance abuse?

15. a. b. c. d.

Which of the following has not been a response to recent violence on school property?

Teaching strategies for responding to shooters screening for weapons at school creating laws making schools “gun free” zones all of the above

Answer: d. all of the above p. 251 Easy Objective 12-7 What strategies are being used to reduce violence in schools?

16. a. b. c. d.

Bullying has been identified as a common factor associated with school shooters. juvenile delinquents. poor parenting. poor grades.

Answer: a. school shooters. p. 252 Easy Objective 12-7 What strategies are being used to reduce violence in schools?

17. a. b. c. d.

There has been a 300% increase the past 10 years in school-based incidents being referred to teen court. district court. juvenile courts. circuit court.

Answer: c. juvenile courts. p. 253 Easy

194

Objective 12-4 Why and in what ways are states beginning to hold juveniles more accountable for crime?

18. a. b. c. d.

Many female youth gang members have been former honor role students. sexually abused at home. convicted of homicide. gainfully employed.

Answer: b. sexually abused at home. p. 249 Easy Objective 12-6 What are some of the unique problems posed by youthful offenders, such as very young offenders, youth gangs, and substance abuse?

19. a. b. c. d.

A new type of youth gang that are school based and less organized in criminal activity are known as foster gangs. relative gangs. comparative gangs. hybrid gangs.

Answer: d. hybrid gangs. pp. 247-248 Easy Objective 12-6 What are some of the unique problems posed by youthful offenders, such as very young offenders, youth gangs, and substance abuse?

20. a. b. c. d.

Which of the following sanctions cannot be given by a juvenile court? death penalty detention prison probation

Answer: a. death penalty p. 244 Easy Objective 12-5 How are juveniles processed through the juvenile justice system?

21. a. b.

Colonial American courts said children under age 7 do not have the "ability to form guilty intent," or Mens Rea. true false

Answer: a. true p. 228 195

Easy Objective 12-2 What were the foundations for the early juvenile criminal justice system?

22. a. b.

The New York House of Refuge was established in the early 1900s. true false

Answer: b. false p. 229 Easy Objective 12-2 What were the foundations for the early juvenile criminal justice system?

23. a. b.

Fifty percent of juvenile intakes are initiated through referrals by parents, school officials, and social workers. true false

Answer: b. false p. 238 Easy Objective 12-5 How are juveniles processed through the juvenile justice system?

24. a. b.

A juvenile intake officer has broad discretion after a youth has been apprehended by police. true false

Answer: a. true p. 239 Easy Objective 12-5 How are juveniles processed through the juvenile justice system?

25. a. b.

Over half of the youth in the juvenile justice system have mental health problems. true false

Answer: a. true p. 242 Easy Objective 12-5 How are juveniles processed through the juvenile justice system?

26. a. b.

Parens patriae translates to mean "state as parent or guardian." true false

Answer: a. true 196

p. 230 Easy Objective 12-4 Why and in what ways are states beginning to hold juveniles more accountable for crime?

27. a. b.

Juvenile court proceedings are open to the public. true false

Answer: b. false p. 234 Easy Objective 12-5 How are juveniles processed through the juvenile justice system?

28. a. b.

The age in which a juvenile can be transferred to criminal court varies by state. true false

Answer: a. true p. 236 Easy Objective 12-4 Why and in what ways are states beginning to hold juveniles more accountable for crime?

29. a. b.

Hybrid gangs are overwhelmingly located in large cities. true false

Answer: b. false p. 248 Easy Objective 12-6 What are some of the unique problems posed by youthful offenders, such as very young offenders, youth gangs, and substance abuse?

30. a. b.

Many youth gangs evolved significantly during the 1980s and 1990s into hybrid gangs. true false

Answer: a. true p. 247 Easy Objective 12-6 What are some of the unique problems posed by youthful offenders, such as very young offenders, youth gangs, and substance abuse?

31. a.

Most private boot camps for youth are regulated by a state government. true 197

b.

false

Answer: b. false p. 243 Easy Objective 12-4 Why and in what ways are states beginning to hold juveniles more accountable for crime?

32. a. b.

It has been reported that 12% of youth in juvenile settings have attempted suicide. true false

Answer: a. true p. 242 Easy 33. a. b.

Delinquency petitions are forwarded to a state or county prosecutor. true false

Answer: b. false p. 240 Easy Objective 12-5 How are juveniles processed through the juvenile justice system?

34. a. b.

Juvenile judges have very little discretion in sentencing youthful offenders. true false

Answer: b. false p. 241 Easy Objective 12-5 How are juveniles processed through the juvenile justice system?

35. a. b.

Over half of the juveniles who enter a drug court program will be successful in its completion. true false

Answer: a. true p. 241 Easy Objective 12-6 What are some of the unique problems posed by youthful offenders, such as very young offenders, youth gangs, and substance abuse?

198

36.

__________ are children who have committed an act, which if committed by an adult, would not place them under the authority of the court.

Answer: a. Status offenders p. 231 Easy Objective 12-5 How are juveniles processed through the juvenile justice system?

37.

___________ are children who have committed an act, which if committed by an adult, would be criminal.

Answer: a. Delinquents p. 231 Easy Objective 12-5 How are juveniles processed through the juvenile justice system?

38.

In 1967, In Re __________ gave juveniles the same due process rights as granted to adults via the 14th Amendment.

Answer: a. Gault p. 232 Easy Objective 12-3 How did the establishment of the first juvenile court and following major court cases shape the jurisdiction for and due process rights of juvenile offenders?

39.

In 1970, In Re __________ established the burden of proof as beyond a reasonable doubt in juvenile proceedings.

Answer: a. Winship p. 233 Easy Objective 12-3 How did the establishment of the first juvenile court and following major court cases shape the jurisdiction for and due process rights of juvenile offenders?

40.

__________ is the process of moving a juvenile from juvenile court to adult (criminal) court.

Answer: a. Judicial waiver p. 236 Easy Objective 12-4 Why and in what ways are states beginning to hold juveniles more accountable for crime?

41.

___________ is the process whereby a juvenile enters the juvenile justice system.

Answer: a. Intake p. 238 Easy Objective 12-5 How are juveniles processed through the juvenile justice system?

199

42.

In the juvenile justice system, a trial is referred to as a(n) __________.

Answer: a. hearing p. 240 Easy Objective 12-5 How are juveniles processed through the juvenile justice system?

43.

In the juvenile justice system, a sentence is referred to as a(n) __________.

Answer: a. disposition p. 241 Easy Objective 12-5 How are juveniles processed through the juvenile justice system?

44.

The juvenile justice system has a military-style rehabilitation program called __________.

Answer: a. boot camp p. 243 Easy Objective 12-5 How are juveniles processed through the juvenile justice system?

45.

Roper v. Simmons (2005) set the age for one to receive the death penalty at __________ years old.

Answer: a. 18 p. 244 Easy Objective 12-3 How did the establishment of the first juvenile court and following major court cases shape the jurisdiction for and due process rights of juvenile offenders?

200

Chapter 13: Homeland Security 1. a. b. c. d.

Terrorist tactics generally include random acts of violence on noncombatants. high level negotiations. direct military confrontation. economic embargos on trade.

Answer: a. random acts of violence on noncombatants. p. 260 Easy Objective 13-1 What is terrorism, and how has it affected the criminal justice system?

2. a. b. c. d.

Which of the following is not a type of domestic terrorism? militias single-issue extremist groups ecoterrorism Al-Qaeda

Answer: d. Al-Qaeda p. 261 Easy Objective 13-1 What is terrorism, and how has it affected the criminal justice system?

3. a. b. c. d.

Homeland security is best defined as protecting American trade and other economic assets. a national effort to prevent terrorist attacks. a grass-roots local government effort to combat terrorists. a peace negotiating political party.

Answer: b. a national effort to prevent terrorist attacks. p. 264 Easy Objective 13-2 How has the United States reorganized law enforcement agencies to respond to terrorism?

4. a. b. c. d.

The DHS has assumed responsibility for the federal court system.

DEA. Transportation Security Administration.

CIA.

Answer: c. Transportation Security Administration. p. 265 Easy

201

Objective 13-3 How has the new emphasis on homeland security impacted the relationship among federal, state, and local police agencies?

5. a. b. c. d.

Prevention of catastrophic terrorism is most dependent on a unity of efforts between the federal government and the American Red Cross. local and state level agencies. the U.S. Armed Forces. private security services.

Answer: b. local and state level agencies. p. 265 Easy Objective 13-2 How has the United States reorganized law enforcement agencies to respond to terrorism?

6. a. b. c. d.

Prior to September 11, 2001 the FBI and CIA did not share federal court rooms. brief the president of the United States. work with local level law enforcement. share intelligence.

Answer: d. share intelligence. p. 268 Easy Objective 13-3 How has the new emphasis on homeland security impacted the relationship among federal, state, and local police agencies?

7. a. b. c. d.

The cornerstone legislation of Former President Bush's "War on Terror" was known as the Enemy Combatant executive order.

Geneva Convention Prisoner of War Act. creation of the Federal Emergency Management Agency. shift of reliance on local government.

Answer: a. Enemy Combatant executive order. p. 270 Easy Objective 13-7 What are the concerns about the impact of homeland security legislation and law enforcement powers on basic constitutional rights?

8. a. b. c.

Critics of President Bush's Enemy Combatant order claim that it is in need of broader powers. too vague. underutilized.

202

d.

unconstitutional.

Answer: d. unconstitutional. p. 271 Intermediate Objective 13-7 What are the concerns about the impact of homeland security legislation and law enforcement powers on basic constitutional rights?

9. a. b. c. d.

The Federal Government and First Responders have taken action to limit the role of First Responders. remove mutual aid agreements. improve capacity, communication, and cooperation. reduce time spent on training seminars.

Answer: c. improve capacity, communication, and cooperation. pp. 267-268 Easy Objective 13-3 How has the new emphasis on homeland security impacted the relationship among federal, state, and local police agencies?

10. a. b. c. d.

The mission of Terrorist Threat Integration Center (TTIC) is to coordinate military strikes on Al-Qaeda. merge and analyze terrorist related information. expose and capture terrorist sleeper cells. interrogate suspected terrorists to gather intelligence.

Answer: b. merge and analyze terrorist related information. p. 269 Easy Objective 13-2 How has the United States reorganized law enforcement agencies to respond to terrorism?

11. a. b. c. d.

To counter the threat of terrorist attacks some larger police departments have turned joint local-federal counterterrorism task force. special ops units. multi-jurisdictional task forces. private security services.

Answer: a. joint local-federal counterterrorism task force. p. 269 Easy Objective 13-5 How is concern about possible terrorist attacks affecting policing?

12. a.

Who reported that the DHS had not reached the results it promised in the creation of this new agency? the FBI 203

b. c. d.

the U.S. Supreme Court Government Accountability Office the CIA

Answer: c. Government Accountability Office p. 265 Easy Objective 13-2 How has the United States reorganized law enforcement agencies to respond to terrorism?

13. a. b. c. d.

How many federal agencies were consolidated into the DHS? 5 11 22 48

Answer: c. 22 p. 264 Easy Objective 13-2 How has the United States reorganized law enforcement agencies to respond to terrorism?

14. a. b. c. d.

Which federal agency is part of the Department of Homeland Security?

U.S. Department of Treasury Department of Agriculture Department of Energy all of the above

Answer: d. all of the above pp. 264-265 Easy Objective 13-2 How has the United States reorganized law enforcement agencies to respond to terrorism?

15. a. b. c. d.

The CONPLAN establishes what are known as enemy combatant courts. federal strike forces. lead federal agencies. no-fly data base.

Answer: c. lead federal agencies. p. 267 Easy Objective 13-2 How has the United States reorganized law enforcement agencies to respond to terrorism?

204

16. a. b. c. d.

This is a secret list maintained by DHS that prohibits certain people from flying a commercial airplane: no travel list no-fly list possible terrorist list flight risk list

Answer: b. no-fly list p. 277 Easy Objective 13-4 How has fear of terrorist attacks influenced legislation, homeland security strategies, and search and seizure?

17. a. b. c. d.

Countries such as Iran, Sudan, Libya, and North Korea are all considered to be militias. formal terrorists. state-sponsored terrorism. loosely affiliated extremists.

Answer: c. state-sponsored terrorism. p. 263 Easy Objective 13-1 What is terrorism, and how has it affected the criminal justice system?

18. a. b. c. d.

Fusion Centers are usually run by the federal government. state or local authorities. volunteer groups. college interns.

Answer: b. state or local authorities. pp. 269-270 Easy Objective 13-3 How has the new emphasis on homeland security impacted the relationship among federal, state, and local police agencies?

19. a. b. c. d.

Our author states that the fear of terrorism is transforming our nation's cities into high solution environments. stressful metro centers. more diplomatic settings. urban fortresses.

Answer: d. urban fortresses. p. 273 Easy Objective 13-1 What is terrorism, and how has it affected the criminal justice system?

205

20. a. b. c. d.

The USA Patriot Act allows domestic law enforcement agencies to conduct water-boarding. searches without delay notification. preemptive strikes on foreign soil. coercive interrogations of terrorist suspects.

Answer: b. searches without delay notification. p. 272 Intermediate Objective 13-4 How has fear of terrorist attacks influenced legislation, homeland security strategies, and search and seizure?

21. a. b.

The Real ID Act requires states to share driver license information. true false

Answer: a. true p. 278 Easy Objective 13-3 How has the new emphasis on homeland security impacted the relationship among federal, state, and local police agencies?

22. a. b.

Domestic terrorism does not include extremist right wing groups. true false

Answer: b. false p. 261 Easy Objective 13-1 What is terrorism, and how has it affected the criminal justice system?

23. a. b.

Most local level law enforcement is unprepared to respond to terrorism. true false

Answer: a. true p. 262 Easy Objective 13-3 How has the new emphasis on homeland security impacted the relationship among federal, state, and local police agencies?

24. a. b.

The Department of Homeland Security is not designed to increase domestic intelligence. true false

206

Answer: b. false p. 264 Easy Objective 13-2 How has the United States reorganized law enforcement agencies to respond to terrorism?

25. a. b.

The U.S. Department of the Treasury is part of the DHS. true false

Answer: a. true p. 264 Easy Objective 13-2 How has the United States reorganized law enforcement agencies to respond to terrorism?

26. a. b.

It would appear that the DHS has achieved the results that were outlined during its creation. true false

Answer: b. false p. 265 Easy Objective 13-2 How has the United States reorganized law enforcement agencies to respond to terrorism?

27. a. b.

The purpose of CONPLAN is to outline a timeline and coordinate response by federal agencies to terrorist threats or acts. true false

Answer: a. true p. 265 Easy Objective 13-2 How has the United States reorganized law enforcement agencies to respond to terrorism?

28. a. b.

In 2002 TSA has hired 55,000 new passenger screeners. true false

Answer: a. true p. 265 Easy

207

Objective 13-2 How has the United States reorganized law enforcement agencies to respond to terrorism?

29. a. b.

According to the HSAS, a green threat advisory means there is a high risk of attack. true false

Answer: b. false p. 275 Easy Objective 13-4 How has fear of terrorist attacks influenced legislation, homeland security strategies, and search and seizure?

30. a. b.

The nation's counterterrorism efforts have created a new respect for due process rights. true false

Answer: b. false p. 270 Intermediate Objective 13-7 What are the concerns about the impact of homeland security legislation and law enforcement powers on basic constitutional rights?

31. a. b.

There have been no enemy combatants captured in Afghanistan. true false

Answer: b. false p. 270 Easy Objective 13-7 What are the concerns about the impact of homeland security legislation and law enforcement powers on basic constitutional rights?

32. a. b.

The USA Patriot Act has restricted the government’s search powers. true false

Answer: b. false p. 272 Easy Objective 13-4 How has fear of terrorist attacks influenced legislation, homeland security strategies, and search and seizure?

33. a.

The Federal Government and First Responders have taken action to improve capacity, communication, and cooperation. true 208

b.

false

Answer: a. true p. 268 Easy Objective 13-3 How has the new emphasis on homeland security impacted the relationship among federal, state, and local police agencies?

34. a. b.

The federal government has insisted that all local police and fire will use plain English, rather than 10-codes. true false

Answer: a. true p. 268 Easy Objective 13-5 How is concern about possible terrorist attacks affecting policing?

35. a. b.

One study has indicated that crime in Washington D.C. decreased on days with high terrorist alerts. true false

Answer: a. true p. 275 Easy Objective 13-4 How has fear of terrorist attacks influenced legislation, homeland security strategies, and search and seizure?

36.

_________ terrorism includes groups such as Al-Qaeda, Sunni Islamic extremists, and various Jihad movements.

Answer: a. International p. 263 Easy Objective 13-1 What is terrorism, and how has it affected the criminal justice system?

37.

The former Bush Administration's circumvention of the criminal justice system and use of criminal trials are a threat to __________.

Answer: a. civil liberties p. 271 Easy Objective 13-7 What are the concerns about the impact of homeland security legislation and law enforcement powers on basic constitutional rights?

209

38.

Prior to September 11, 2001 the FBI and CIA did not share __________.

Answer: a. intelligence p. 268 Easy Objective 13-2 How has the United States reorganized law enforcement agencies to respond to terrorism?

39.

The use of __________ codes was found to cause confusion among the public and police.

Answer: a. radio 10 p. 268 Easy 40.

__________ hired 55,000 new passenger screeners in 2002.

Answer: a. TSA p. 265 Easy Objective 13-4 How has fear of terrorist attacks influenced legislation, homeland security strategies, and search and seizure?

41.

The CONPLAN establishes what are known as __________.

Question ID: 13-41 Answer: a. lead federal agencies p. 267 Easy Objective 13-2 How has the United States reorganized law enforcement agencies to respond to terrorism?

42.

The responsibility for airport security and passenger screening has been transferred to the __________.

Question ID: 13-42 Answer: a. Department of Homeland Security p. 264 Easy Objective 13-2 How has the United States reorganized law enforcement agencies to respond to terrorism?

43.

The purpose of __________ is to outline a timeline and coordinate response by federal agencies to terrorist threats or acts.

Question ID: 13-43 Answer: a. CONPLAN p. 265 Easy 210

Objective 13-2 How has the United States reorganized law enforcement agencies to respond to terrorism?

44.

The ___________ agency conducts investigations to determine if illegal immigrants are employed in critical infrastructure jobs.

Answer: a. Immigration and Customs Enforcement (ICE) p. 276 Easy Objective 13-6 What concerns regarding border security have been raised by threats to homeland security?

45.

A new type of passport that can machine read data about travelers is called a __________.

Answer: a. smart passport p. 276 Easy Objective 13-6 What concerns regarding border security have been raised by threats to homeland security?

211