TEST BANK for Introduction to Criminal Justice 10th Edition by Robert Bohm & Keith Haley

TEST BANK

TEST BANK

Part 1 The Foundations of Criminal Justice Chapter 1: Crime and Justice in the United States Chapter 2: Crime and Its Consequences Chapter 3: Explaining Crime Chapter 4: The Rule of Law

Part 2 Law Enforcement Chapter 5: History and Structure of American Law Enforcement Chapter 6: Policing: Roles, Styles, and Functions Chapter 7: Policing America: Issues and Ethics

Part 3 The Courts Chapter 8: The Administration of Justice Chapter 9: Sentencing, Appeals, and the Death Penalty

Part 4 Corrections Chapter 10: Institutional Corrections Chapter 11: Prison Life, Inmate Rights, Release, and Recidivism Chapter 12: Community Corrections

Part 5 Additional Issues in Criminal Justice Chapter 13: Juvenile Justice Chapter 14: The Future of Criminal Justice in the United States

Chapter 1 Student name:__________ 1) As discussed in your textbook, the list of calls for police service in Portland, Oregon, shows

which type of call for service to be the most common?

A) burglar alarms B) unwanted persons C) violent offenses D) prisoner transportation

2) As an institution of social control, criminal justice differs from the family, schools, organized

religion, the media, and the law in that it A) requires society to abide by passive social values.

B) exists as a single system.

C) is generally society's "last line of defense."

D) is usually used along with other institutions of social control.

3) Like the family, schools, organized religion, the media, and the law, criminal justice is a(n) A) institution of social control.

B) private response to crime.

C) informal method of social control.

D) subtle social control.

4) American criminal justice consists of three main agencies. Which of the following is NOT

one of those three main agencies?

A) corrections B) prisons C) police D) courts

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5) Which of the following types of offenses may be punishable by death in the United States?

A) libel B) a misdemeanor C) slander D) a felony

6) The term "jurisdiction," as used in your text, means A) the specific location in which a court is located.

B) the loose confederation of prisons and jails around the country.

C) a politically defined geographical area.

D) the system of rank and hierarchy within police agencies.

7) During which of the following stages is an administrative record of an arrest made?

A) Initial appearance B) Booking C) Preliminary hearing D) Arraignment

8) A suspect becomes a defendant after A) a grand jury issues a no bill against the suspect.

B) a complaint has been made.

C) an absence of probable cause has been established.

D) one or more charges have been filed.

9) In the case of a misdemeanor or an ordinance violation, a(n) ________ may be held.

A) summary trial B) information C) arrest warrant D) grand jury

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10) The purpose of a(n) ________ is for a judge to determine whether there is probable cause to

believe that the defendant committed the crime or crimes with which he or she is charged.

A) preliminary hearing B) indictment C) arraignment D) initial appearance

11) The primary purpose of a(n) ________ is to hear the formal information or indictment and to

allow the defendant to enter a plea.

A) preliminary hearing B) indictment C) arraignment D) initial appearance

12) About ________ of criminal defendants plead guilty to the charges against them in an

arrangement called plea bargaining.

A) 95 percent B) 75 percent C) 50 percent D) 25 percent

13) Cases that are not resolved through plea bargaining or by a jury trial are decided by a judge

in a(n) A) B) C) D)

grand jury. indictment. bench trial. arraignment.

14) One of the main purposes of an arraignment is to A) outline the formal charge or charges against the defendant.

B) allow the defendant to enter a plea.

C) determine whether there is probable cause.

D) ensure that the defendant will appear at a later stage in the criminal justice process.

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15) Currently, five general types of punishment are in use in the United States. Which of the

following is NOT one of these punishments?

A) probation B) transportation C) intermediate punishments D) death

16) Defendants can appeal their convictions on legal or constitutional grounds. Which of the

following is an example of a constitutional ground on which a defendant may appeal a conviction?

A) mistaken interpretations of law B) defects in jury selection C) improper admission of evidence at trial D) illegal search and seizure

17) Defendants can appeal their convictions on legal or constitutional grounds. Which of the

following is an example of a legal ground on which a defendant may appeal a conviction?

A) defects in jury selection B) incompetent assistance of counsel C) improper questioning of the defendant by the police D) identification of the defendant through a defective police lineup

18) Which of the following statements is true of parole?

A) It is unconditional in nature.

B) It is given before prisoners have served their full sentences.

C) It includes modifying the verdict of a lower court and reversing it.

D) It is granted, by default, by all jurisdictions in the United States.

19) In the United States, the states that do not utilize preliminary hearings schedule an

arraignment date at the ________.

A) initial appearance B) summary trial C) stage of booking D) stage of arrest

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20) Because there is considerable conflict and confusion between different agencies of criminal

justice, an accurate way of defining American criminal justice may be to call it A) a system.

B) a nonsystem.

C) extremely uniform.

D) smoothly operating.

21) When politically conservative values are dominant in society, the principles and policies of

________ seem to dominate the operation of criminal justice.

A) the crime control model B) obstacle-course justice C) fact-finding processes D) the due process model

22) According to the crime control model of criminal justice, the most important function of

criminal justice is A) the means by which crime is controlled.

B) rehabilitation.

C) the control of criminal behavior.

D) human rights.

23) What is the key to the operation of the crime control model?

A) The defense of personal freedom B) The doctrine of legal guilt C) A focus on due process D) A presumption of guilt

24) If defendants are not satisfied with the outcome of their trials, they have the right to A) declare a mistrial.

B) appeal.

C) retrial.

D) request new counsel.

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25) Which of the following is used to increase efficiency—meaning speed and finality—in the

crime control model?

A) a mistrial B) plea bargaining C) an appeal D) a bench trial

26) A major problem with the crime control model is that a presumption of guilt goes against

which of the oldest and most cherished principles of American criminal justice?

A) Defendants have the right to counsel, even if they are indigent.

B) Defendants have the right to a jury of their peers.

C) Defendants are considered innocent until proven guilty.

D) Defendants are protected against compelled self-incrimination.

27) Herbert Packer characterizes the due process model as A) "assembly-line justice."

B) focused on speed and efficiency.

C) more concerned with guilt than with innocence.

D) "obstacle-course justice."

28) The due process model is based on the doctrine of A) legal guilt.

B) factual guilt.

C) presumptive guilt.

D) legal innocence.

29) Which of the following is a condition of legal guilt?

A) the right to counsel B) freedom from interrogation C) the right to double jeopardy D) freedom from all forms of searches and seizures

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30) One way in which state and local governments in the United States share the costs of

criminal justice is by making ________ primarily a local function.

A) corrections B) juvenile justice C) police protection D) judicial services

31) In 2015, which level of government spent the most on police protection?

A) federal B) state C) local D) Expenses were equally divided among all levels of government

32) In 2015, which level of government spent the most on corrections?

A) federal B) state C) local D) Expenses were equally divided among all levels of government

33) In 2015, the federal government spent about ________ of the total expenditures on criminal

and civil justice.

A) 20 percent B) 8 percent C) 16 percent D) 6 percent

34) How much did the state of Florida reportedly spend to administer justice to serial murderer

Ted Bundy in 1989?

A) $10,000 B) $100,000 C) $1 million D) $10 million

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35) Overall, about how much of every tax dollar is spent on criminal justice?

A) 4 cents B) 10 cents C) 1 cent D) 25 cents

36) Sensational crime news stories provide a fairly accurate image of the types of crime by which

the average citizen is victimized. ⊚ true ⊚ false

37) The calls police routinely respond to rarely involve the sensational crimes reported by the

media. ⊚ true ⊚ false

38) Usually, society turns to criminal justice only after other institutions of social control have

failed. ⊚ true ⊚ false

39) The criminal justice response to crime begins when a crime is reported to the police. ⊚ true ⊚ false

40) A summary trial may be held in a felony case. ⊚ true ⊚ false

41) A prosecutor always reviews the case before an arrest is made. ⊚ true ⊚ false

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42) In the case of a felony, a hearing is held to determine whether the defendant should be

released or whether there is probable cause to hold the defendant for a preliminary hearing. ⊚ true ⊚ false

43) Probable cause is a standard of proof that requires trustworthy evidence sufficient to make a

reasonable person believe that, more likely than not, the proposed action is justified. ⊚ true ⊚ false

44) A grand jury is a group of citizens who hear a criminal case during trial and decide upon the

defendant's guilt. ⊚ true ⊚ false

45) Judges are limited by statutory provisions when passing a sentence. ⊚ true ⊚ false

46) Bail is the conditional release of prisoners before they have served their full sentences. ⊚ true ⊚ false

47) From a political standpoint, the crime control model reflects traditional liberal values. ⊚ true ⊚ false

48) The crime control model places a premium on speed and finality. ⊚ true ⊚ false

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49) The primary focus of the due process model is efficiency. ⊚ true ⊚ false

50) In the due process model, the factual guilt of suspects is not determined until the suspects

have had a full opportunity to discredit the charges against them. ⊚ true ⊚ false

51) The doctrine of legal guilt emphasizes the presumption of innocence. ⊚ true ⊚ false

52) Neither the crime control model nor the due process model is likely to completely control

criminal justice in the future. ⊚ true ⊚ false

53) Criminal justice is primarily a state and local function. ⊚ true ⊚ false

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54) Assume that an arrest is made and the defendant is found guilty. Number the following steps

in the order in which they occur in the criminal justice process. Numbers should be from 1 to 11.

____ possible appeal ____ either indictment by a grand jury followed by arraignment or arraignment on an information ____ formal charging of the suspect ____ arrest ____ preliminary hearing (for a felony) ____ sentencing ____ booking ____ investigation ____ initial appearance ____ punishment ____ either a plea bargain or a trial

55) Identify the two ways described in your textbook in which criminal justice differs from other

institutions of social control.

56) Defendants can appeal their convictions either on legal grounds or on constitutional grounds.

Your textbook identifies three examples of legal grounds and four examples of constitutional grounds. Name two of each.

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57) What are the four ways in which an appellate court can handle a case that has been appealed?

58) Explain the two reasons the American criminal justice system is a nonsystem.

59) Explain the doctrine of legal guilt.

60) Your textbook identifies nine due process rights that affect the determination of legal guilt.

Name five of them.

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61) You have just purchased a new home and planted some rosebushes in the front yard. Your

neighbor, Jack, claims that they are on his property. You try to discuss the situation calmly, but Jack threatens to destroy the bushes and the two of you begin shouting loudly at one another. The police are called and warn you both to calm down or be arrested for disturbing the peace. That evening, your security camera records Jack pulling the rosebushes out of the ground. You go to the police and file a complaint for larceny with regard to the cost of the roses.

Explain what is likely to happen to Jack by outlining the stages from arrest to the possible disposition of the case, using either the crime control or the due process model. Assume this is Jack's first offense and that he fully admits to taking the roses.

62) Using your local law enforcement jurisdiction as an example, gather the most recently

published crime statistics, as well as a review of recent headlines, and prepare an answer to the following scenario:

Mary, who has been charged with felony burglary, has been indicted by a grand jury and is facing trial next month. Given the history of your jurisdiction's key players in the police department, court, and corrections, will she likely experience the due process model or the crime control model? Why? How, if at all, will this vary from recent trends within the United States?

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Answer Key Test name: chapter 1 1) B 2) C 3) A 4) B 5) D 6) C 7) B 8) D 9) A 10) A 11) C 12) A 13) C 14) B 15) B 16) D 17) A 18) B 19) A 20) B 21) A 22) C 23) D 24) B 25) B 26) C 27) D 28) A 29) A 30) C 31) C 32) B 33) A 34) D 35) C 36) FALSE 37) TRUE

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38) TRUE 39) TRUE 40) FALSE 41) FALSE 42) TRUE 43) TRUE 44) FALSE 45) TRUE 46) FALSE 47) FALSE 48) TRUE 49) FALSE 50) TRUE 51) TRUE 52) TRUE 53) TRUE 54) Short Answer

10, 7, 4, 2, 6, 9, 3, 1, 5, 11, 8 55) Short Answer

The two ways are as follows: 1) The role of criminal justice is officially restricted to persuading people to abide by a limited range of social values: those whose violation constitutes crime.

Behaviors are of no official concern to criminal justice unless they violate the criminal law. 2) Criminal justice is generally society's "last line of defense" against people who refuse to abide by dominant social values and commit crimes.

56) Short Answer

Examples of legal grounds include defects in jury selection, improper admission of evidence at trial, and mistaken interpretations of law.

Four examples of constitutional grounds are illegal search and seizure, improper questioning of the defendant by the police, identification of the defendant through a defective police lineup, and incompetent assistance of counsel.

57) Short Answer

The appellate court can affirm the verdict of the lower court and let it stand; modify the verdict of the lower court, without totally reversing it; reverse the verdict of the lower court, which requires no further court action; reverse the decision and remand, or return, the case to the court of original jurisdiction for either a retrial or resentencing.

58) Short Answer

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The two reasons are as follows: 1) There is no single system but instead a loose confederation of many independent criminal justice agencies at all levels of government. 2) Rather than being a smoothly operating set of arrangements and institutions, the agencies of the criminal justice system interact with one another but generally operate independently, often causing problems for one another.

59) Short Answer

According to the doctrine of legal guilt, people are not to be held guilty of crimes merely on a showing, based on reliable evidence, that in all probability they did in fact do what they are accused of doing. It is not enough that people are factually guilty; they must also be legally guilty. This means that the integrity of due process rights must be maintained.

60) Short Answer

Answers can include any of the following: freedom from unreasonable searches and seizures, protection against double jeopardy, protection against compelled self-incrimination, a speedy and public trial, an impartial jury of the state and district where the crime occurred, notice of the nature and cause of the accusation, the right to confront opposing witnesses, compulsory process for obtaining favorable witnesses, the right to counsel, the prohibition of cruel, and unusual punishment.

61) Short Answer

Answers will vary but should include a discussion of the police, courts, and corrections. They should at least briefly identify the stages of the arrest, booking, preliminary hearing, arraignment, standard of proof, and the likelihood of plea bargaining. Answers about corrective measures will vary depending on whether the student applies the due process or the crime control model.

62) Short Answer

Answers will vary according to jurisdictions but should include a discussion of liberalism and conservatism as reflected in each of the two models and a likelihood of how the current presidential administration will impact these models. Discussions of these are reflected in the text under "Crime Control versus Due Process."

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Student name:__________ 63) Your friend is angry at your behavior and says that there should be a law against what you

did. Which of the following problems with a legal definition of crime is best represented by your friend's statement?

A) Overcriminalization B) Undercriminalization C) Nonenforcement D) Criminal responsibility

64) Which of the following is a problem associated with finding an appropriate definition of

crime?

A) Too many behaviors exist that could be defined as crimes.

B) Crime should be defined only by the presence of a physical injury to a person.

C) Many dangerous and harmful behaviors are not defined as crimes, while many less

dangerous and less harmful behaviors are.

D) Most behaviors defined as criminal are actually victimless crimes.

65) Overcriminalization is mainly a problem when addressing which types of crimes?

A) Property crimes B) Violent crimes C) Federal crimes D) Victimless crimes

66) A typical ________ definition of crime is behavior that violates the norms or mores of

society.

A) legal B) criminological C) social D) psychological

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67) A(n) ________ is any standard or rule regarding what human beings should or should not

think, say, or do under given circumstances.

A) norm or social more B) law or commandment C) ethic or direction D) moral or adage

68) A typical ________ definition of crime is "an intentional violation of the criminal law or

penal code, committed without defense or excuse and penalized by the state."

A) psychological B) social C) criminal D) legal

69) The term ________ refers to criminal conduct—specifically, intentional or criminally

negligent action or inaction that causes harm.

A) ex post facto B) actus reus C) mens rea D) concurrence

70) If George did not want to commit a crime but was forced or coerced to do so against his will,

he may have committed the crime ________.

A) under duress B) in entrapment C) in self-defense D) in defense of a third party

71) In most American jurisdictions, the upper age limit for juvenile delinquency is ________,

and the lower limit is usually ________.

A) 16; 7 B) 16; 12 C) 18; 12 D) 18; 7

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72) Which of the following terms is defined as a legal defense against criminal responsibility

used when a crime has been committed to prevent a more serious crime?

A) necessity defense B) self-defense C) entrapment D) being underage

73) Which of the following terms is defined as a legal defense against criminal responsibility

when a person, who was not already predisposed to it, is induced into committing a crime by a law enforcement officer or by his or her agent?

A) entrapment B) duress C) insanity D) self-defense

74) __________ refers to the failure to take reasonable precautions to prevent harm.

A) Negligence B) Duress C) Entrapment D) Actus reus

75) The Latin term ________ refers to criminal intent or a guilty state of mind.

A) mens rea B) actus reus C) habeas corpus D) mala fide

76) Which of the following statements is true about an ex post facto law?

A) It decreases the punishment for a crime after it is committed.

B) It holds that for crime to occur there must be an external consequence.

C) It does not allow altering the rules of evidence in a particular case after the crime is

committed.

D) It declares criminal an act that was not illegal when it was committed.

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77) _____________ is defined as mental or psychological impairment or retardation as a defense

against a criminal charge?

A) Duress B) Entrapment C) Insanity D) Delinquency

78) ________ offenses are illegal because laws define them as such.

A) Mala prohibita B) Mala fide C) Modus operandi D) Mens rea

79) Which of the following is the most important problem with the M'Naghten rule?

A) It is outdated.

B) It fails to address the situation of a defendant who knew the difference between right

and wrong but was unable to control his or her actions.

C) It fails to distinguish reliably between behavior that is uncontrollable and behavior that is simply uncontrolled.

D) It is identical to the substantial-capacity test of the American Law Institute's Model Penal Code.

80) Which of the following tests of insanity did the attorneys for Lorena Bobbitt, who sliced off

her husband's penis with a kitchen knife while he was sleeping, successfully employ in a 1994 Virginia trial?

A) the M'Naghten rule B) the irresistible-impulse test C) Durham's rule D) the substantial-capacity test

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81) _________ crimes are considered to be "wrong in themselves" and are characterized by

universality and timelessness.

A) Mala prohibita B) Mala in se C) Mala au gratin D) Mala fide

82) According to official statistics, about ________ of all crimes committed annually are violent

crimes.

A) B) C) D)

1-5 percent 10-15 percent 15-25 percent 25-50 percent

83) _______ refers to crimes that are not officially recorded by the police.

A) Crime index B) The dark figure of crime C) Crime rates D) Uniform Crime Reports

84) _____________ refers to an estimate of crimes committed.

A) A crime index B) The dark figure of crime C) The true amount of crime D) A crime rate

85) A(n) ________ may be expressed as the number of crimes per unit of population.

A) crime index B) index crime C) offense known to the police D) crime rate

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86) Which of the following terms is defined as a collection of crime statistics and other law

enforcement information published annually under the title Crime in the United States?

A) the Uniform Crime Reports (UCR) B) a self-report crime survey C) the National Crime Victimization Survey (NCVS) D) the National Incident-Based Reporting System (NIBRS)

87) Which of the following crimes is a Part I offense?

A) buying stolen property B) forgery C) kidnapping D) arson

88) Which of the following types of single-bias hate crimes was reported most often to the

Federal Bureau of Investigation (FBI) in 2017?

A) crimes motivated by racial/ethnicity bias B) crimes motivated by sexual-orientation bias C) crimes motivated by religious bias D) crimes motivated by ethnicity bias

89) Which of the following offenses accounted for the largest number of arrests made by the

police in 2017?

A) driving under the influence B) larceny-theft C) drug abuse violations D) simple assault

90) Which of the following sets of characteristics best describes the typical arrestee in 2017?

A) young, male, and white B) young, male, and black C) young, female, and black D) young, female, and white

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91) What was the index crime for which women were most frequently arrested in 2017?

A) driving under the influence B) larceny-theft C) drug abuse violations D) simple assault

92) ________ is an act that is illegal for a juvenile but would not be a crime if committed by an

adult.

A) B) C) D)

An index offense A hate crime A bias crime A status offense

93) Which of the following statements highlights the most important difference between the

National Incident-Based Reporting System (NIBRS) and the uniform crime reports (UCR)?

A) Compared with the UCR, the NIBRS makes it possible to examine crimes in much more detail because it contains more data on each crime.

B) Unlike the UCR, the NIBRS focuses extensively on victims and the annual costs of victimization.

C) Compared with the UCR, the NIBRS helps streamline the study of crime statistics because it contains less data on each crime.

D) Unlike the UCR, the NIBRS asks criminals to report their crime records in extensive detail.

94) For which of the following crimes could you find data in the UCR but not the NCVS? A) Murder B) Motor vehicle theft C) Larceny-theft D) Aggravated assault

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95) To date, most self-report crime surveys conducted in the United States have been

administered to ________.

A) defendants B) school children C) victims of violent crimes D) victims of hate crimes

96) Which of the following statements is true about self-report crime surveys?

A) They ask selected subjects whether they have committed crimes.

B) They are an accurate measure of the true amount of crime.

C) They omit questions about less serious offenses, such as cutting classes.

D) They ask questions about serious crimes such as robbery and burglary.

97) Which of the following is defined as the number of offenses for which at least one person has

been arrested, charged with the commission of the offense, and turned over to the court for prosecution?

A) crime index offenses cleared B) offenses known to the police C) the uniform crime reports (UCR) D) the dark figure of crime

98) A study by the National Institute of Justice found that __________ had the highest annual

victim costs.

A) assault B) rape C) murder D) arson

99) For many crime victims, ________ is the most burdensome and lasting consequence of their

victimization.

A) medical expense B) anger C) fear D) threat

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100)

Which of the following is an intangible cost of crime?

A) Victim's property loss B) Lost productivity C) Insurance administration D) Fear of crime

101)

Which of the following statements is true about the fear of crime?

A) Males worry more about crime than females.

B) Nonwhites worry more about crime than whites.

C) High income people worry more about crime than low income people.

D) College graduate worry more about crime than people with less education.

102)

According to the 2017 national crime victimization surveys (NCVS), approximately how many crimes were attempted or completed against U.S. residents age 12 or older?

A) 3 million B) 19 million C) 230 million D) 2 billion

103)

According to the 2017 national crime victimization surveys (NCVS), which of the following demographic groups had the highest rate of violent crime victimization?

A) military veterans B) urban residents C) younger persons D) separated persons

104)

The object of criminal justice in the United States is to prevent and control crime. ⊚ true ⊚ false

105)

Norms or social mores are consistent from group to group within a single society. ⊚ true ⊚ false

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106)

In general, norms do not change from time to time or from place to place. ⊚ true ⊚ false

107)

The major advantage of a social definition of crime, at least on the surface, is that it is narrower and less ambiguous than a legal definition of crime. ⊚ true ⊚ false

108)

Norms or social mores are always subject to interpretation. ⊚ true ⊚ false

109)

The harm caused by crime may be physical or verbal. ⊚ true ⊚ false

110)

Slander is a physical harm, while libel is a verbal harm. ⊚ true ⊚ false

111)

The U.S. Constitution forbids ex post facto laws. ⊚ true ⊚ false

112)

Negligent action or inaction that causes harm amounts to criminal conduct. ⊚ true ⊚ false

113)

In most western European nations, legal insanity is determined by medical experts. ⊚ true ⊚ false

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114)

In most developed countries, children under 18 years of age are assumed to have a fully developed capacity to form mens rea and are considered entirely responsible for their criminal acts. ⊚ true ⊚ false

115)

Insanity is a medical term, not a legal one. ⊚ true ⊚ false

116)

A legal infant is protected by criminal law but not subject to it. ⊚ true ⊚ false

117)

Undercriminalization occurs when the criminal law prohibits some behaviors that arguably should not be prohibited. ⊚ true ⊚ false

118)

The "castle doctrine," or the "stand your ground law," provides that someone attacked in his or her home can use reasonable force, including deadly force, to protect his or another's life without any duty to retreat from the attacker. ⊚ true ⊚ false

119)

The year-and-a-day rule provides that a person cannot be prosecuted for murder if the victim dies more than a year and a day after the injury. ⊚ true ⊚ false

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120)

Any index of crime varies with changes in police practices, court policies, and public opinion. ⊚ true ⊚ false

121)

Offenses known to the police are probably the least inaccurate index of crime. ⊚ true ⊚ false

122)

The farther a crime index is from the initial commission of crime, the more accurate it is as a measure of the true amount of crime. ⊚ true ⊚ false

123)

Crime rates provide a more accurate indication of increases or decreases in crime indexes than do total numbers of crimes. ⊚ true ⊚ false

124)

According to the figures provided in your textbook, the rate of murder and nonnegligent manslaughter increased between 2000 and 2010. ⊚ true ⊚ false

125)

Clearance rates are a rough index of police performance in solving crimes. ⊚ true ⊚ false

126)

The biggest obstacle to the implementation of the National Incident-Based Reporting System (NIBRS) is that it requires the use of extensive paper records. ⊚ true ⊚ false

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127)

Self-report crime surveys are not accurate measures of the true amount of crime. ⊚ true ⊚ false

128)

Most people in American society have never committed a crime. ⊚ true ⊚ false

129)

According to your text, in order for a crime to have been committed, seven elements should be in place. Identify four of these elements.

130)

Identify three of the six legal defenses for criminal responsibility.

131)

Identify four of the eight index offenses.

132)

Your textbook identifies eight reasons why victims do not report all crimes to the police.

Name four of them.

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133)

Your textbook lists six demographic factors that affect a person's fear of crime. Name four of them, and explain how each factor affects one's fear of crime.

134)

Mark broke into Laura’s home in the middle of the night intending to steal her flat-screen television, laptop, and whatever money he could find. During the burglary, Laura woke up and grabbed her gun to protect herself. As she entered the hallway, she saw Mark, screamed, and then shot him. Laura then dropped the gun and ran to her neighbor's home, where she called the police. When the police arrived, Mark had died. How is this incident likely to be reported under the Uniform Crime Reports? If Laura lives in a state participating in the National Incident-Based Reporting System (NIBRS), how differently would it be reported?

Are there any other reporting mechanisms that will reflect this incident? What "costs" will Laura likely incur?

135)

Margaret and Herman went on their first date after meeting at a campus "get acquainted" party. Neither Margaret nor Herman were drinking. They went for a walk toward the campus pond and decided to go for a midnight swim, wearing only their underwear. As Margaret left the water, Herman tackled her to the ground and raped her. Afterward, he apologized, and Margaret ran back to her dorm where she told her roommate about the incident. Her roommate told Margaret to report the incident to the police, but Margaret was reluctant. What is the likelihood that this incident will be reported, how will it be reported (if it is reported), and what issues will Margaret likely weigh before she decides to report the incident?

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136)

Jack and Jill went up the hill to fetch a pail of water. Jack pushed Jill down, breaking her arm, and stole the water. Jill called the police on her wet cell phone and signed a complaint against Jack, who was subsequently arrested. Jack said he didn't know what he was doing because he fell down once before and suffered from recurring brain trauma. Is there a crime?

What is it? Is there any defense? What could it be, and where will it likely be reported?

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Answer Key Test name: chapter 2 1) B 2) C 3) D 4) C 5) A 6) D 7) B 8) A 9) D 10) A 11) A 12) A 13) A 14) D 15) C 16) A 17) B 18) B 19) B 20) B 21) B 22) A 23) D 24) A 25) D 26) A 27) C 28) A 29) B 30) D 31) A 32) A 33) B 34) A 35) A 36) B 37) C

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38) D 39) B 40) B 41) D 42) TRUE 43) FALSE 44) FALSE 45) FALSE 46) TRUE 47) TRUE 48) FALSE 49) TRUE 50) TRUE 51) TRUE 52) FALSE 53) FALSE 54) TRUE 55) FALSE 56) TRUE 57) TRUE 58) TRUE 59) TRUE 60) FALSE 61) TRUE 62) FALSE 63) TRUE 64) FALSE 65) TRUE 66) FALSE 67) Short Answer

These seven elements are harm, legality, actus reus, mens rea, causation, concurrence, and punishment. Answers may include any four.

68) Short Answer

In the United States, an offender is not considered responsible or is considered less responsible for an offense if he or she, for example, (1) acted under duress, (2) was underage, (3) was insane, (4) acted in self-defense or in defense of a third party, (5) was entrapped, or (6) acted out of necessity. Those conditions are legal defenses or legal excuses for criminal responsibility.

Answers may include any three.

69) Short Answer

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The eight index offenses are murder and nonnegligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson. Answers may include any four.

70) Short Answer

Answers may include any four of the following: - Victims may consider the crime insignificant and not worth reporting.

- They may hope to avoid embarrassing the offender, who may be a relative, school friend, or fellow employee.

- They may wish to avoid the publicity that might result if the crime were reported.

- They might have agreed to the crime, as in gambling offenses and some sexual offenses.

- They may wish to avoid the inconvenience of calling the police (filling out a report, appearing in court, and so on).

- They may be intimidated by (or afraid of) the offender.

- They may dislike or fear the police or be opposed to the punitive policies of the legal system.

- They may feel that the police are so inefficient that they will be unable to catch the offender even if the offense were reported.

71) Short Answer

The eight factors, and how they affect one's fear of crime are as follows: - gender (females are more worried about crime than males) - race/ethnicity (nonwhites are more worried about crime than whites) - age (people 55 and older are more worried about crime than people in other age categories) - education (people who graduated from high school or who had less education are more worried about crime than people who had some college or who graduated from college) - politics (Republicans and Independents are slightly more worried about crime than Democrats) - income (people whose annual income was less than $30,000 are more worried about crime than people with higher annual incomes).

72) Essay

Answers will vary, but students should discuss the crimes of burglary, larceny, and homicide, all as felonies. They should also discuss that the uniform crime reports (UCR) are likely to list this only as a homicide and an issue of the right to bear arms, self-defense, and the "castle doctrine."

Students should also note that under the National Incident-Based Reporting System (NIBRS), this incident will address the burglary and larceny as well as the homicide and self-defense issues and that in both instances, the case is likely to be cleared exceptionally. Students should address the financial costs of crime as well as intangible costs such as the impact on Laura’s emotional well-being.

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73) Essay

Answers will vary, but students should discuss the elements of a crime (harm, actus reus, and mens rea), the definition of rape, the likelihood that Margaret will report the crime as a victim of a violent crime, the emotional costs of the crime, and the fear of crime.

74) Essay

Answers will vary, but students should be able to briefly discuss assault and larceny, as well as the elements of harm, actus reus, and mens rea, and possible insanity defense under the M'Naghten rule or the substantial-capacity test. Students should identify that this will be reported under the uniform crime reports (UCR) as well as National Incident-Based Reporting System (NIBRS) and that it will be cleared by an arrest.

Student name:__________ 137)

Which of the following is a product of the Enlightenment period, or the Age of Reason, a period of history that began in the early 1500s and lasted until the late 1700s?

A) classical theory B) critical theory C) positivist theory D) neoclassical theory

138)

The modification of classical theory that admits that some factors may inhibit the exercise of free will is known as A) conflict theory.

B) radical theory.

C) positivist theory.

D) neoclassical theory.

139)

Which of the following best captures classical criminologists' concept of "utility"?

A) "Winning isn't everything; it is the only thing."

B) "The greatest happiness shared by the greatest number."

C) "Do unto others as you would have them do unto you."

D) "All's fair in love and war."

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140)

Which of the following theories assumes that crime is committed by people with free will who are motivated by a hedonistic rationality?

A) humanistic psychological theory B) Chicago School theory C) anomie theory D) classical theory

141)

According to Cesare Beccaria, the basis of society, as well as the origin of punishments and the right to punish, is A) the Mayflower Compact.

B) specific deterrence.

C) general deterrence.

D) the social contract.

142)

Which of the following was an explicit rejection of the critical and "negative" philosophy of the Enlightenment thinkers?

A) classical theory B) critical theories C) positivist theories D) neoclassical theory

143)

Which of the following is a general criticism of positivism?

A) Positivistic theories generally account for too much crime, and, at the same time, they have difficulty explaining exceptions.

B) Positivistic theories generally ignore the criminalization process.

C) Positivistic theories generally ignore the multitude of fundamental conflicts of value and interest in society.

D) All the answers are correct.

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144)

Which of the following scientists suggested that some people were "less highly evolved or developed than others" and that some people "were nearer their apelike ancestors than others in traits, abilities, and dispositions"?

A) Charles Darwin B) Sigmund Freud C) Émile Durkheim D) Alida Merlo

145)

Which of the following is based on the belief that criminals are physiologically different from noncriminals?

A) classical theory B) biological positivism C) psychological positivism D) sociological positivism

146)

__________ argued that criminals are, by birth, a distinct type, and that this type can be recognized by physical characteristics or stigmata such as enormous jaws, high cheekbones, insensitivity to pain, etc.

A) Cesare Beccaria B) Johann Caspar Lavater C) Cesare Lombroso D) William Sheldon

147)

What did Cesare Lombroso call a person predisposed to crime?

A) a stigmata B) an atavist C) a criminaloid D) a psychopath

148)

Which of the following theorists is associated with body-type theory?

A) William Sheldon B) Cesare Lombroso C) Johan Caspar Lavater D) Joseph Gall

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149)

According to body-type theory, an athletically built individual would be classified as a(n) ________.

A) mesomorph B) heteromorph C) endomorph D) ectomorph

150)

Which of the following is a method used in heredity studies?

A) Adoption studies B) Somatotyping C) IQ testing D) Operant conditioning

151)

Low levels of the brain neurotransmitter ________ have been found in impulsive murderers and arsonists.

A) dopamine B) norepinephrine C) testosterone D) serotonin

152)

Psychoanalytic theories of crime causation are associated with ________.

A) Sigmund Freud B) Cesare Lombroso C) William Sheldon D) H.H. Goddard

153)

From whose theory can it be inferred that crime may be a means by which individuals satisfy their basic human needs?

A) Sigmund Freud B) Alfred Adler C) Abraham Maslow D) Seymour Halleck

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154)

Which of the following theorists maintains that criminal behavior sometimes is chosen as an adaptation over other possible alternatives because it offers gratifications or psychological advantages that could not be achieved otherwise?

A) Sigmund Freud B) Alfred Adler C) Abraham Maslow D) Seymour L. Halleck

155)

According to Seymour Halleck, which of the following is a type of objective oppression?

A) Oppression from within B) Projected oppression C) Social oppression D) Misunderstood oppression

156)

Who among the following theorists advocated containing crime within reasonable boundaries rather than eliminating it?

A) Émile Durkheim B) Abraham Maslow C) William Sheldon D) Sigmund Freud

For Émile Durkheim, the cause of crime is the dissociation of the individual from the ________.

A) collective conscience B) social contract C) sociopathy D) patriarchy

157)

158)

According to Robert Merton's anomie theory, which of the following statements is true of ritualists?

A) They are not willing to settle for less wealth.

B) They do not follow legitimate institutional means.

C) They actively pursue the cultural goal of wealth.

D) They take no chances.

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159)

The research of the Chicago School was based on a model taken from A) chemistry.

B) ecology.

C) history.

D) sociology.

160)

Which of the following is one of the characteristics of social disorganization?

A) There is little encouragement, training, or opportunity for legitimate employment.

B) Parents and neighbors disapprove of delinquent behavior.

C) There are limited opportunities for delinquent behavior.

D) There is an absence of gangs and gang-related delinquency.

161)

According to Robert K. Merton, ________ pursue the cultural goal of wealth only through legitimate institutional means.

A) rebels B) ritualists C) conformers D) innovators

162)

According to Robert K. Merton, ________ do not actively pursue the cultural goal of wealth (they are willing to settle for less) but follow the legitimate institutional means anyway.

A) rebels B) ritualists C) conformers D) innovators

163)

According to Robert K. Merton, ________ pursue the cultural goal of wealth through illegitimate means.

A) rebels B) ritualists C) conformers D) innovators

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164)

According to Albert K. Cohen, what is the cause of anomie experienced by juveniles?

A) the inability to achieve status among peers by socially acceptable means B) the social structure's inability to provide legitimate institutional means of achieving the goal of wealth C) the usual controls over them being largely absent D) their dissociation from the collective conscience

165)

Which of the following is one of the three types of delinquent subcultures identified by Cloward and Ohlin?

A) the ritualist B) the violent C) the rebel D) the conformist

166)

Edwin H. Sutherland's ________ states that persons become criminal because of contacts with criminal definitions and isolation from noncriminal definitions.

A) differential association theory B) anomie (or strain) theory C) learning theory D) social control theory

167)

Which of the following theorists modified Edwin H. Sutherland's theory by introducing role theory and arguing that criminal behavior could be learned by identifying with criminal roles and not just by associating with criminals?

A) C. Ray Jeffery B) Daniel Glaser C) B. F. Skinner D) H.H. Goddard

168)

According to learning theorists, ________ involves the presentation of a stimulus that increases or maintains a response.

A) positive reinforcement B) negative reinforcement C) extinction D) punishment

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169)

_________ is a process in which the rewards for a behavior are removed.

A) Punishment B) Negative reinforcement C) Extinction D) Utility

170)

According to ________, people will commit crime unless they are prevented from doing

so.

A) B) C) D)

learning theory differential association theory role theory social control theory

171)

Which of the following is the commission of crime that follows the acceptance of a criminal label?

A) atavism B) secondary deviance C) anomie D) primary deviance

172)

Which of the following is the focus of labeling theory?

A) the ways in which criminals are different from noncriminals B) the competition among individuals belonging to various interest groups C) the way people and actions are defined as criminal D) the peculiarities of the criminal actor

173)

Reintegrative shaming is a policy implication for which theory?

A) labeling theory B) radical theory C) British or left realism D) peacemaking criminology

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174)

One problem with labeling theory is that it tends to ________ the importance of the official labeling process.

A) counteract B) ignore C) overemphasize D) disregard

175)

Which of the following statements reflects a feature of conflict theory?

A) It is reformist in its policy implications.

B) It specifies the sources of power in society.

C) It acknowledges that power in society comes primarily from the ownership of private property.

D) It calls for subordinate groups to give up some of their power to dominant groups.

176)

Radical theories of crime causation are generally based on the ideas of A) Karl Marx.

B) Susan B. Anthony.

C) Travis Hirschi.

D) Edwin H. Sutherland.

177)

Radical criminologists argue that ________ is an economic system that requires people to compete against each other in the individualistic pursuit of material wealth.

A) communism B) socialism C) capitalism D) distributionism

178)

According to a leading exponent of left realism, Jock Young, _______ is a cause of crime.

A) biological inferiority B) relative deprivation C) absolute deprivation D) patriarchy

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179)

Which of the following suggests that the solution to all social problems, including crime, is the transformation of human beings, mutual dependence, reduction of class structures, the creation of communities of caring people, and universal social justice?

A) left realism B) radical theory C) peacemaking criminology D) feminist theory

180)

Which of the following focuses on women's experiences and ways of knowing because, in the past, men's experiences have been taken as the norm and generalized to the population?

A) British or left realism B) radical theory C) peacemaking criminology D) feminist theory

181)

Men's control over women's labor and sexuality is known as A) praxis.

B) patriarchy.

C) acedia.

D) atavism.

182)

Which critical perspective focuses on understanding the creation of knowledge?

A) postmodernism B) left realism C) peacemaking D) Marxism

183)

A theory of crime attempts to explain why or how a certain thing or things are related to criminal behavior. ⊚ true ⊚ false

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184)

Criminological theory exclusively refers to explanations of criminal behavior. ⊚ true ⊚ false

185)

Classical criminologist Cesare Beccaria favored the death penalty as a way of achieving general deterrence. ⊚ true ⊚ false

186)

Specific deterrence is the use of the punishment of specific individuals to prevent people in general or society at large from engaging in crime. ⊚ true ⊚ false

187)

Cesare Beccaria asserted that punishing crime is not enough and that it is also important to reward law-abiding behavior. ⊚ true ⊚ false

188)

Administering testosterone to male sex offenders has been found to reduce their sexual drives. ⊚ true ⊚ false

189)

Chemical castration is legal in some states. ⊚ true ⊚ false

190)

According to Seymour L. Halleck, the emotional experience of objective or subjective oppression is helplessness, to which a person sometimes adapts by resorting to criminal behavior. ⊚ true ⊚ false

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Émile Durkheim rejected the idea that society is more than a simple aggregate of individuals and believed that the world is simply the product of individual actions. ⊚ true ⊚ false

191)

192)

According to learning theory, through imitation or modeling, a person can learn new responses, such as criminal behavior, by observing others. ⊚ true ⊚ false

193)

Extinction is the presentation of an aversive stimulus to reduce a response. ⊚ true ⊚ false

194)

According to conflict theorists, criminal law and the criminal justice system are used by dominant groups to control subordinate ones. ⊚ true ⊚ false

195)

One objection to radical theory is that the radical definition of crime as the violation of human rights is too narrow and specific. ⊚ true ⊚ false

196)

Postmodernist criminologists prefer to replace the prevailing description of the world with new conceptions, words, and phrases that convey alternative meanings, as Edwin H. Sutherland did when he introduced the concept of white-collar crime. ⊚ true ⊚ false

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197)

Explain why criminological theory is important and list the two undesirable consequences of failing to understand the theoretical basis of criminal justice policies.

198)

Name the five main assumptions of the positivist school of thought.

199)

Name the three body types discussed in Sheldon's theory and describe the characteristics of each.

200)

Name the five ways according to Merton in which individuals adapt to strain and explain each.

201)

Define positive and negative reinforcements, and give one example of each that is related to crime.

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202)

Discuss the main criticisms of conflict theory.

203)

Travis Hirschi named four characteristics of proper socialization and four reasons why delinquent behavior is likely to occur. Name three of each of these.

204)

Mark, a 21-year-old, grew up in a low-income neighborhood where gangs were common.

He dropped out of school because it was much more lucrative to engage in criminal behavior.

He was raised by a single mother and had no siblings, just his gang members. He joined a gang and soon became involved in vandalism, car thefts, and burglaries. Which theories best explain the facts in the scenario?

205)

Virginia was adopted at age 2 into a middle-class family with strong ties to the community. Virginia began eating large quantities of sugar and became hyperactive in her elementary school years. She started shoplifting in her early teenage years, with each incident preceded by large amounts of soda and candy. Her family sought help for her through counseling. Later, her family discovered that Virginia had an identical twin, who was adopted by another family and was experiencing the same types of issues. It was also learned that Virginia's biological mother had served a 10-year prison sentence for various fraud charges using stolen identities. Which theories best explain the facts in Virginia's scenario?

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206)

Martin was a member of a politically radical group known as the Weathermen. This group was a branch of a student society at school that advocated radical means to overthrow the government. Martin met with a group of his friends in an empty apartment building and decided to make some homemade pipe bombs to plant throughout the community. The plan included contacting a newspaper after the bombs were set off, identifying the group, and trying to convince people that the current government positions in various parts of the world were wrong. The bombs would be a way to terrorize others and bring attention to the Weathermen's cause in hopes of changing the international policies of promoting capitalism in the name of democracy. The plan failed as Martin and his group accidentally blew themselves up. What crime theories could be applied to this scenario?

207)

Thomas was raised with an understanding of the fundamental differences between right and wrong. As an adult, he wasn't making enough money to purchase a new car as quickly as he liked. He found out about a gambling pool that was running numbers illegally and decided to try it out. He weighed the consequences of getting caught and felt pretty confident that engaging in a few bets—especially with guidance of an "insider" who had information that would assist him in deciding which numbers to bet on—would bring him instant wealth. He bet on a few games with his inside information and won enough money to buy a car.

However, federal authorities found out about the racket and arrested everyone involved in the gambling—including Thomas. Which theories best explain why Thomas engaged in criminal behavior?

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Answer Key Test name: chapter 3 1) A 2) D 3) B 4) D 5) D 6) C 7) D 8) A 9) B 10) C 11) B 12) A 13) A 14) A 15) D 16) A 17) C 18) D 19) C 20) A 21) A 22) D 23) B 24) D 25) C 26) B 27) D 28) A 29) B 30) A 31) B 32) A 33) C 34) D 35) B 36) C 37) A

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38) C 39) A 40) A 41) C 42) B 43) C 44) D 45) B 46) A 47) TRUE 48) FALSE 49) FALSE 50) FALSE 51) TRUE 52) FALSE 53) TRUE 54) TRUE 55) FALSE 56) TRUE 57) FALSE 58) TRUE 59) FALSE 60) TRUE 61) Short Answer

Answers should explain that most of what is done in criminal justice is based on criminological theory. The failure to understand the theoretical basis of criminal justice policies leads to undesirable consequences, including: 1. If criminal justice policymakers do not know the theory or theories on which their proposed policies are based, they will not know the problems that are likely to undermine the success of those policies. This may lead to much money being wasted.

2. If criminal justice policies are going to disrupt people's lives, there should be very good reasons for this disruption.

62) Short Answer

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The five key assumptions of the positivist school of thought are: 1. Human behavior is determined and not a matter of free will. Consequently, positivists focus on cause-and-effect relationships.

2. Criminals are fundamentally different from noncriminals. Positivists search for such differences by scientific methods.

3. Social scientists (including criminologists) can be objective, or value-neutral, in their work.

4. Crime is frequently caused by multiple factors.

5. Society is based on consensus but not on a social contract.

63) Short Answer

The three body types are the endomorphic (soft, fat), the mesomorphic (athletically built), and the ectomorphic (tall, skinny).

64) Short Answer

Merton proposed that individuals adapt to the problem of anomie or strain in one of several different ways: conformity, innovation, ritualism, retreatism, or rebellion. Conformers pursue the cultural goal of wealth through legitimate institutional means. Innovators reject legitimate means and pursue the goal of wealth through illegitimate means. Ritualists do not actively pursue the cultural goal of wealth but follow the legitimate institutional means anyway. Retreatists are social "dropouts" who do not pursue the cultural goal of wealth or employ legitimate institutional means. Finally rebels reject both the cultural goal of wealth and the legitimate institutional means of achieving it, and instead substitute different goals and means.

65) Short Answer

Positive reinforcement is the presentation of a stimulus that increases or maintains a response; the stimulus, or reward, can be either material, like money, or psychological, like pleasure. For example, people steal (a response) because of the rewards—such as the objects or money—that they receive. Negative reinforcement is the removal or reduction of a stimulus whose removal or reduction increases or maintains a response; the stimulus in negative reinforcement is referred to as an aversive stimulus. For example, stealing may be negatively reinforced by removing or reducing the aversive stimuli of the fear and pain of poverty.

66) Short Answer

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A problem with conflict theory is that it generally fails to specify the sources of power in society.

When those sources are identified, they are usually attributed to the personal characteristics of elites; that is, people with power are said to be smarter, better educated, luckier, and better able to defer gratification. Conflict theorists seem to ignore that power in society comes primarily from the ownership of private property. Another criticism of conflict theory is that it is basically reformist in its policy implications. Conflict theorists generally assume that crime, as well as other social problems, can be corrected by existing social institutions. For example, if only the agencies of criminal justice were more effective, a conflict theorist might argue, crime would be reduced greatly. Historical evidence suggests that this assumption may not be true.

67) Short Answer

Answers can include any of the following: For Travis Hirschi, proper socialization involves the establishment of a strong moral bond between a juvenile and society, which consists of attachment to others, commitment to conventional lines of action, involvement in conventional activities, and belief in the moral order and law.

Delinquent behavior is likely to occur if there is inadequate attachment, particularly to parents and school; inadequate commitment, particularly to educational and occupational success; inadequate involvement in such conventional activities as scouting and sports; and/or inadequate belief, particularly in the legitimacy and morality of the law.

68) Short Answer

Answers will vary. Students could focus on sociological theories, particularly those that grew out of the Chicago School. Students could address social disorganization theory and possibly social control theory by Travis Hirschi. Other theories could also be used. Evaluation should be based on the knowledge of the theory and the reasons in support of the theory, not just the theory itself.

69) Short Answer

Answers will vary. Students could address positivist theories, especially biological theories.

Discussion relating to the high sugar intake, as well as hereditary predisposition to crime theories, would be appropriate. Other theories could also be used. Evaluation should be based on the knowledge of the theory and the reasons in support of the theory, not just the theory itself.

70) Short Answer

Answers will vary. Students could use radical theory and/or conflict theory to explain this category of crime. Other theories could also be used. Evaluation should be based on the knowledge of the theory and the reasons in support of the theory, not just the theory itself.

71) Short Answer

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Answers will vary. Students could address the classical school/neoclassical school approaches to explaining criminal behavior. They could emphasize Thomas's "free will" to choose criminal behavior, as well as possible biological, psychological, or sociological theories. Evaluation should be based on the knowledge of the theory and the reasons in support of the theory, not just the theory itself.

Student name:__________ 208)

________ is a formal means of social control that involves the use of rules that are interpreted, and are enforceable, by the courts of a political community.

A) Substantive law B) Procedural law C) Civil law D) Criminal law

209)

A crime is a violation of the ________ of a political jurisdiction.

A) tort B) civil law C) penal code D) morals

210)

Which of the following refers to the scope of criminal law?

A) specificity B) uniformity C) politicality D) regularity

211)

Which of the following refers to the way in which criminal law should be enforced?

A) specificity B) uniformity C) politicality D) regularity

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212)

Which of the following refers to the legitimate source of criminal law?

A) specificity B) uniformity C) politicality D) regularity

213)

Which of the following penal sanctions is used primarily to prevent undesired conduct and to provide retribution?

A) punishment B) restitution C) regulation D) treatment

214)

Which of the following penal sanctions is intended to control future conduct toward the best interests of the community?

A) compensation B) restitution C) regulation D) treatment

215)

The criminal law of the United States, for the most part, is derived from the laws of A) colonial America.

B) Israel.

C) Sumer.

D) England.

216)

__________ is produced by trial and appellate court judges whenever they render a decision in a particular case.

A) Statutory law B) Penal law C) Administrative law D) Common law

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217)

In common law, the decision in a particular case becomes a potential basis, or ________, for deciding the outcomes of similar cases in the future.

A) stare decisis B) precedent C) ordinance D) penal code

218)

In traditional Cherokee criminal law, which offenses were addressed by a court-like tribal group which included a member from each of the seven clans?

A) Offenses against a clan B) Offenses against the entire community C) Offenses against an individual D) Offenses against the Spirit Beings

219)

The principle of using precedents to guide future decisions in court cases is called ________.

A) stare decisis B) ex post facto C) amicus curiae D) animus possidendi

220)

Most of the procedural, or due process, rights given to criminal suspects or defendants in the United States are found in A) common law.

B) the Bill of Rights.

C) the First Amendment to the Constitution.

D) Federal Rules of Criminal Procedure.

221)

Which of the following provisions in the Bill of Rights is NOT yet applicable to the criminal justice process of the states?

A) the right to notice of the nature and cause of accusation B) the right to confront opposing witnesses C) the right to a compulsory process for obtaining favorable witnesses D) the right to a grand jury indictment in felony cases

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222)

Which of the following Amendments extends the procedural safeguards of the Bill of Rights to people charged with state crimes?

A) First B) Fourth C) Tenth D) Fourteenth

223)

The ________ protects American citizens from "unreasonable searches and seizures."

A) Eighth Amendment B) Fifth Amendment C) Sixth Amendment D) Fourth Amendment

224)

The ________ guarantees the right to a speedy and public trial.

A) Eighth Amendment B) Fifth Amendment C) Sixth Amendment D) Fourth Amendment

225)

The ________ states that excessive bail shall not be required.

A) Eighth Amendment B) Fifth Amendment C) Sixth Amendment D) Fourth Amendment

226)

Which of the following refers to explorations or inspections by law enforcement officers of homes, premises, vehicles, or persons for the purpose of discovering evidence of crimes or persons who are accused of crimes?

A) searches B) warrants C) arrests D) seizures

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227)

A(n) ________ is a written order from a court directing law enforcement officers to conduct a search or to arrest a person.

A) subpoena B) warrant C) arraignment D) rescript

228)

In the 1969 case of Chimel v. California, the Supreme Court A) broadened the scope of searches to include any suspicious people.

B) limited the scope of U.S. citizens to appeal verdicts based on illegally seized evidence.

C) limited the scope of searches incident to an arrest.

D) broadened the rights of legal aliens to protect them from illegal searches and seizures.

229)

Under the Supreme Court's __________, a warrantless search not incident to an arrest may be justified in an emergency situation.

A) plain view doctrine B) exigent circumstances doctrine C) search incident to arrest doctrine D) Doctrine of fundamental fairness

230)

An arrest warrant is issued only if substantial and trustworthy evidence supports the conclusion that A) a violation of the law has been committed and the person to be arrested will be found in the place to be searched.

B) a violation of the law has been committed and the person to be arrested committed the violation.

C) the person to be arrested committed the violation and the person will be found in the place to be searched.

D) the specific objects to be searched for are connected with criminal activity and the objects will be found in the place to be searched.

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231)

Which of the following standards of proof is more than a gut feeling and legally permits a law enforcement officer to stop and frisk a suspect?

A) rebuttable presumption B) reasonable suspicion C) conclusive presumption D) mere suspicion

232)

Which of the following standards of proof is evidence that more likely than not outweighs the opposing evidence, or sufficient evidence to overcome doubt or speculation?

A) probable cause B) reasonable suspicion C) preponderance of evidence D) mere suspicion

233)

Which of the following standards of proof is required for a search or an arrest?

A) probable cause B) proof beyond a reasonable doubt C) moral certainty D) reasonable suspicion

234)

The standard of proof necessary to find a defendant guilty in a criminal trial is A) probable cause.

B) preponderance of evidence.

C) beyond a reasonable doubt.

D) reasonable suspicion.

235)

In which of the following cases was the exclusionary rule created?

A) Trop v. Dulles B) Weeks v. United States C) Plessey v. Ferguson D) Johnson v. United States

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236)

In which of the following cases was the exclusionary rule extended to state courts?

A) Mapp v. Ohio B) Terry v. Ohio C) Hurtado v. California D) Benton v. Maryland

237)

What do the following three Supreme Court cases share in common: United States v.

Leon, Massachusetts v. Sheppard, and Nix v. Williams?

A) They define the meaning of seizure.

B) They provide examples of searches incident to an arrest.

C) They provide exceptions to the exclusionary rule.

D) They provide examples of probable cause.

238)

In which of the following Supreme Court cases was a good-faith exception to the exclusionary rule recognized?

A) Massachusetts v. Sheppard B) Nix v. Williams C) Arizona v. Evans D) Weeks v. United States

239)

Which of the following is a provision of the USA PATRIOT Act? A) The Act permits the FBI to search private records without a warrant and probable cause and without having to reveal to anyone what it has done.

B) The Act requires the FBI to have probable cause to conduct wiretaps of criminal suspects.

C) The Act eliminates the use of national security letters or administrative subpoenas.

D) It prohibits the government from initiating surveillance or prosecution of U.S. citizens who only provide lodging to "terrorists."

240)

Which of the following Acts limited the USA PATRIOT Act's broad definition of domestic terrorism to specific federal terrorism crimes?

A) The Protect America Act of 2007 B) The USA PATRIOT Act Improvement and Reauthorization Act of 2005 C) The FISA Amendments Act of 2008 D) The USA Freedom Act of 2015

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241)

You learn that the police have attached a GPS device to your vehicle without a valid warrant. According to the Supreme Court, this violates the _________ Amendment.

A) Fourteenth B) Fifth C) Fourth D) Eighth

242)

In which of the following cases did the Supreme Court first extend the Fifth Amendment protection against compelled self-incrimination to trials in state courts?

A) Miranda v. Arizona B) Escobedo v. Illinois C) Malloy v. Hogan D) Arizona v. Fulminante

243)

In which of the following cases did the Supreme Court broaden the protection against compelled self-incrimination to cover nearly all custodial police interrogations?

A) Miranda v. Arizona B) Escobedo v. Illinois C) Brown v. Mississippi D) Arizona v. Fulminante

244)

In which of the following cases did the Supreme Court extend the Sixth Amendment right to be represented by an attorney to indigent defendants facing felony charges in state courts?

A) Argersinger v. Hamlin B) Gideon v. Wainwright C) Chandler v. Fretag D) Powell v. Alabama

245)

In a jury trial, when does jeopardy attach?

A) when the first witness has been sworn in B) when the verdict is read C) when the judge passes a sentence upon the convicted person D) when the entire jury has been selected and sworn in

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246)

In the case of Rodriquez v. U. S., the Supreme Court held that A) when the police make a traffic stop, passengers in the car may challenge the constitutionality of the stop.

B) police may not turn routine traffic stops into drug searches using trained drug-sniffing dogs.

C) the police may seize an item without a warrant under the plain view doctrine.

D) a warrantless search not incident to arrest may be justified under the exigent circumstances doctrine.

247)

You were found guilty at trial after an eyewitness to the crime positively identified you as the criminal. You claim that your court-appointed attorney was incompetent and therefore you were denied your right to effective assistance of counsel. Why will you probably not win this claim?

A) Because there was an eyewitness to the crime and therefore it is unlikely that any possible incompetence on the part of your attorney led to the final result.

B) Because the Supreme Court has ruled that defendants are only required to be provided with counsel and that the quality of the attorney assigned to the case is not relevant.

C) Because you are not entitled to counsel in cases where there is a direct witness to the crime.

D) Because the right to effective assistance of counsel does not apply in cases involving a court-appointed attorney.

248)

The right to counsel may be waived only if the waiver is made A) by a defendant's attorney.

B) knowingly, intelligently, and voluntarily.

C) by a defendant and at least two witnesses known to the defendant.

D) within 14 days after charges are filed.

249)

In Weems v. United States (1910), the Court ruled on the issue of cruel and unusual punishment, as discussed in which constitutional amendment?

A) the Fourteenth Amendment B) the Sixth Amendment C) the Eighth Amendment D) the Fifth Amendment

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250)

Which of the following government actions is similar to bills of attainder?

A) unreasonable search and seizure B) admission of a coerced confession C) civil forfeiture of property in drug violations D) retrying a defendant for the same crime or a related crime after he or she has been acquitted or convicted by a jury

251)

What is the most important factor contributing to wrongful convictions?

A) inadequate legal representation B) eyewitness misidentification C) guilty pleas made involuntarily by innocent defendants D) judicial errors, bias, or neglect of duty

252)

From 1973 through 2019, how many inmates have been freed from death row because of problems or errors in the legal process?

A) 235 B) 1,510 C) 165 D) 1,325

253)

________ involves a situation in which a defendant is wrongfully committed of a crime and is later cleared of all charges based on new evidence showing their innocence.

A) Tort B) Precedent C) Exoneration D) Stare decisis

254)

Almost three-fourths of all exonerations involve __________.

A) false confessions B) perjury or false accusation C) falsified test results D) concealed evidence

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255)

Under the USA PATRIOT Act, the Federal Bureau of Investigation (FBI) may now search private records (financial, medical, library, student—any recorded activity) without a warrant and probable cause and without having to reveal to anyone what it has done. This is referred to as what type of search?

A) search incident to an arrest B) nonconsensual search C) plain-view search D) sneak-and-peak search

256)

The purpose of criminal justice is to enforce criminal law. ⊚ true ⊚ false

257)

A tort is a violation of criminal law. ⊚ true ⊚ false

258)

For legal purposes, a particular act may be considered either a tort or a crime or both, depending on how it is handled. ⊚ true ⊚ false

259)

The Fourth Amendment to the U.S. Constitution provides a general constitutional right to privacy to every American citizen. ⊚ true ⊚ false

260)

Substantive law governs the ways in which procedural laws are to be administered. ⊚ true ⊚ false

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261)

Of particular interest to the eyre was the resolution of cases of sufficient seriousness as to warrant the forfeiture of an offender's property as punishment. ⊚ true ⊚ false

262)

"Proof evident, presumption great" is the standard of proof in criminal proceedings by which a state must show that the right to counsel has been waived "knowingly and intelligently." ⊚ true ⊚ false

263)

Civil forfeitures of property in drug violations may circumvent the constitutional prohibition against bills of attainder. ⊚ true ⊚ false

264)

The Burger, Rehnquist, and Roberts Supreme Courts from the 1970s until the present have actively preserved the work of the Warren Court. ⊚ true ⊚ false

265)

The Fourth Amendment requires that a search warrant contain a particular description of the place to be searched and the person or things to be seized. ⊚ true ⊚ false

266)

Before the passage of the Sixth Amendment, the Bill of Rights applied only to people charged with federal crimes. ⊚ true ⊚ false

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267)

E-mail has the same privacy protections as regular mail. ⊚ true ⊚ false

268)

The police are not permitted to search a home without a warrant unless all the cooccupants consent to the search. ⊚ true ⊚ false

269)

The Supreme Court has ruled that even if one co-habitant consents to a warrantless search of a home, the police may not conduct the search if another co-habitant is physically present and objects to the search. ⊚ true ⊚ false

270)

The Supreme Court has held that a violation of the "knock-and-announce rule" does not require suppression of any evidence found in a search if the interests violated had nothing to do with the seizure of evidence. ⊚ true ⊚ false

271)

The Supreme Court has held that the police cannot attach a GPS (global-positioning system) device to the bumper of a suspect's automobile to track his or her movements for nearly a month without a valid warrant. ⊚ true ⊚ false

272)

A person is generally protected from searches and seizures without a warrant in all places where he or she has a legitimate right to be. ⊚ true ⊚ false

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273)

A warrantless search not incident to an arrest may be justified under the Supreme Court's exigent circumstances doctrine. ⊚ true ⊚ false

274)

In the case of Georgia v. Randolph (2006), the U.S. Supreme Court restricted consent searches of a home. ⊚ true ⊚ false

275)

Mere suspicion is equivalent to a "gut feeling." ⊚ true ⊚ false

276)

An uncorroborated anonymous tip is legally admissible evidence at trial. ⊚ true ⊚ false

277)

Under the USA PATRIOT Act, protesting members of activist groups could be charged with domestic terrorism if they committed specifically defined federal terrorism crimes. ⊚ true ⊚ false

278)

According to the Supreme Court, law enforcement agents must first obtain a search warrant before using high-tech devices to gather information from inside a home. ⊚ true ⊚ false

279)

The most important procedural safeguard in the Fifth Amendment is the protection against unreasonable search and seizure. ⊚ true ⊚ false

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280)

Defendants who engage in disruptive behavior in the courtroom may forfeit their right to be present during trial. ⊚ true ⊚ false

281)

The Supreme Court has extended the Sixth Amendment right to a speedy and public trial to trials in state courts. ⊚ true ⊚ false

282)

An indigent criminal defendant has a right to state-furnished counsel even if there is no possibility of incarceration. ⊚ true ⊚ false

283)

The Supreme Court has recently extended the right to the effective assistance of counsel to plea bargains that lapse or are rejected. ⊚ true ⊚ false

284)

A warrant is a written order issued by a court that requires a person to appear at a certain time and place to give testimony. ⊚ true ⊚ false

285)

The Sixth Amendment has been interpreted to mean that defendants have the right to represent themselves. ⊚ true ⊚ false

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286)

Available evidence from various studies suggests that both Miranda and the exclusionary rule in Fourth and Fifth Amendment contexts have had major effects. ⊚ true ⊚ false

287)

List and define the five ideal features of good criminal laws.

288)

Briefly summarize the Fourth, Fifth, Eighth, and Fourteenth U.S. Constitutional Amendments.

289)

Your textbook describes six provisions of the Sixth Amendment. Name at least four of them.

290)

There has been much controversy surrounding the USA PATRIOT Act and the Foreign Intelligence Surveillance Act (FISA) Court. Discuss this controversy, and note where the legislation now stands.

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291)

Define mere suspicion, reasonable suspicion, and probable cause.

292)

Define preponderance of evidence, clear and convincing evidence, and beyond a reasonable doubt.

293)

The police suspect that Lucy is trafficking marijuana from her third-floor apartment. The apartment manager has confirmed that Lucy is a legal tenant of the apartment. Officers have observed a suspicious plant basking in the sunlight on her balcony. They have also observed a number of visitors knock on Lucy's door, shake hands with her, and leave with a small brown package. These officers, who are trained in drug and narcotics identification, believe that these are consistent with those of a drug trafficker. What should the officers do?

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294)

Robert has been arrested for three counts of passing checks with insufficient funds. If he is found guilty, Robert could receive a maximum sentence of five and a half months in jail.

He has been reading the Constitution and the Bill of Rights and feels that he is entitled to an attorney. He also believes, however, that he can represent himself if he goes to trial. He also wants to move his trial to another city because he made the headlines recently when he ran for office. If he is convicted, he plans to claim that he had ineffective assistance of counsel because, after all, he is not an attorney. He wants to have a jury trial and bring in witnesses that can state he broke his hand and therefore could not be the individual who wrote the checks. What constitutional amendments will be considered, and what will the results likely be?

295)

Lynette and Jason attended a party and each drank several beers. When they left the party at 2 a.m., Lynette decided she was less intoxicated than Jason, so she began driving home, but did not realize that her headlights were off. She was pulled over by a police officer, who asked both Lynette and Jason to exit the car. Lynette began laughing uncontrollably. She failed a field sobriety test and was arrested for driving under the influence. The officer then searched the car, even though Jason did not consent to a search, and found empty beer bottles under Jason's seat. Lynette subsequently refused a Breathalyzer test and was brought to court for driving under the influence. She wants her lawyer to challenge the officer's search of the car because Jason did not consent to his area being searched. Will she be successful? Why, or why not?

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Answer Key Test name: chapter 4 1) D 2) C 3) A 4) B 5) C 6) A 7) C 8) D 9) D 10) B 11) B 12) A 13) B 14) D 15) D 16) D 17) C 18) A 19) A 20) B 21) C 22) B 23) B 24) B 25) C 26) A 27) C 28) B 29) A 30) C 31) A 32) A 33) B 34) C 35) C 36) A 37) B

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38) D 39) B 40) A 41) B 42) C 43) C 44) B 45) C 46) C 47) B 48) D 49) TRUE 50) FALSE 51) TRUE 52) FALSE 53) FALSE 54) TRUE 55) FALSE 56) TRUE 57) FALSE 58) TRUE 59) FALSE 60) FALSE 61) FALSE 62) TRUE 63) TRUE 64) TRUE 65) FALSE 66) TRUE 67) TRUE 68) TRUE 69) FALSE 70) TRUE 71) TRUE 72) FALSE 73) TRUE 74) TRUE 75) FALSE 76) TRUE 77) FALSE

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78) TRUE 79) FALSE 80) Short Answer

The five ideal features of good criminal laws are politicality, specificity, regularity, uniformity, and penal sanction.

Politicality refers to the legitimate source of criminal law.

Specificity refers to the scope of criminal law.

Regularity refers to the applicability of the criminal law to all persons, so that anyone who commits a crime is answerable for it, regardless of social status.

Uniformity refers to the enforcement of the criminal law against anyone who violates it, regardless of social status.

Penal sanction refers to the principle that individuals who violate the criminal law will be punished or at least threatened with punishment by the state.

81) Short Answer

The Fourth Amendment protects people against unreasonable searches and seizures. The Fifth Amendment gives the right to grand jury indictment and protects against double jeopardy and compelled self-incrimination. The Eighth Amendment protects against excessive bail, excessive fines, and cruel and unusual punishments. The Fourteenth Amendment protects against any state depriving any person of life, liberty, or property, without due process of law.

82) Short Answer

The Sixth Amendment provides the following rights: a speedy and public trial; the right to impartial jury of the state and district wherein the crime shall have been committed; the right to be informed of the nature and cause of the accusation; the right to confront opposing witnesses; the right to compulsory process for obtaining favorable witnesses; and the right to counsel.

83) Short Answer

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In 2009, legislation was introduced in both the Senate and the House aimed at revising and reforming the USA PATRIOT Act and the FISA Court. Among the provisions of the legislation were the reform of the National Security Letter process, revision of the guidelines for business records orders, elimination of the catch-all provision for "sneak-and-peek" searches, the addition of new safeguards for FISA roving wiretaps, and the repeal of retroactive immunity for telecommunications companies. The legislation was not enacted.

In January 2010, the Department of Justice Office of Inspector General released a report critical of the FBI's use of "exigent letters" and other means to obtain telephone records from three unnamed phone companies. The report concluded that "the FBI's initial attempts at corrective action were seriously deficient, ill-conceived, and poorly executed." Several recommendations for improvement were made.

In March 2010, after months of debate, Congress voted to extend the three expiring provisions of the USA PATRIOT Act for one year with no alteration. The provisions, concerning business records, roving wiretaps, and "lone wolf" investigations (intelligence investigations of lone terrorists not connected to a foreign nation or organization), give federal law enforcement agencies broad powers to gather information on Americans. Both the Senate and House Judiciary committees proposed bills to renew these provisions with reforms that would establish greater oversight, but neither bill went to a floor vote. In May 2011, Congress passed a 4-year extension of the three expiring provisions again with no alterations. The extended provisions were set to expire on June 1, 2015.

84) Short Answer

Mere suspicion is equivalent to a "gut feeling." Reasonable suspicion is more than a gut feeling, and includes the ability to articulate reasons for the suspicion. Probable cause is the amount of proof necessary for a reasonably intelligent person to suspect that a crime has been committed or that items connected with criminal activity can be found in a particular place.

85) Short Answer

Preponderance of evidence is evidence that more likely than not outweighs the opposing evidence, or sufficient evidence to overcome doubt or speculation. Clear and convincing evidence is the standard of proof required in some civil cases and, in federal courts, the standard of proof necessary for a defendant to make a successful claim of insanity. Beyond a reasonable doubt is the standard of proof necessary to find a defendant guilty in a criminal trial. It is the amount of doubt about a defendant's guilt that a reasonable person might have after carefully examining all the evidence.

86) Short Answer

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Answers will vary. The students must address Lucy's Fourth Amendment right against government intrusion upon a reasonable expectation of her privacy. This right will be challenged by the officers' probable cause, based on their training and observations, that a crime is being committed by Lucy, drug trafficking, and that there is reasonable suspicion that evidence of that criminal activity is present in the apartment. Officers should submit an application for a search warrant to a judge to search Lucy's apartment. Students should address that the execution of the search should take place reasonably after the search warrant is signed and that all the information officers have supporting their entry should be articulated in the warrant. Students may also address that officers could simply knock on Lucy's door and ask for a consent search. Because it is unlikely that if Lucy is engaged in criminal activity she will consent to a search, the officers should seek a warrant.

87) Short Answer

Answers will vary, but students must address that Robert may not have a Fifth Amendment right to a jury trial for a misdemeanor with less than 6 months possible sentencing, as it varies from state to state. If a trial takes place, it should be held in the jurisdiction where the crime was committed. If his state allows it, Robert is entitled to an impartial jury, but the court will need to decide whether his running for office and making the headlines will be sufficient to change the venue for an unbiased jury. Under the Sixth Amendment, Robert, as a criminal defendant, has an unqualified right to an attorney, and if it is shown that he is indeed indigent, he can have an attorney appointed to him for any critical stage of his charges. If Robert is shown to not be indigent, and he decides to represent himself and is convicted, he cannot later claim that it was due to ineffective assistance of counsel.

88) Short Answer

Answers will vary, but students should discuss the Fourth Amendment right against unreasonable searches weighed against the probable cause the officer had to conduct the search.

The officer's observation of no headlights on Lynette's car at 2 a.m. gave him a legal right to pull Lynette's car over, as a reasonable person would have his or her headlights on. The failure to have the lights on was in violation of laws governing the safe operation of a vehicle, and it was reasonable for the officer to believe the driver may be under the influence of alcohol or a drug.

Lynette's conduct in laughing uncontrollably, and her failure of the field sobriety test were probable cause for a search of the vehicle for evidence of alcohol. Jason was not charged and would not have the right to challenge the search of his section of the car ( Brendlin v.

California). If he had been charged, he could have challenged the search of his section of the car, but he probably would be unsuccessful because the officer had a valid basis to stop the car and then arrest Lynette due to her conduct. The officer would have the right to search the vehicle for evidence of alcohol or controlled substance because of Lynette's actions.

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Student name:__________ 296)

The vast majority of American law enforcement agencies are A) local.

B) federal.

C) multi-jurisdictional.

D) foreign.

297)

The basic concepts of American law enforcement and criminal justice originated in A) New England.

B) Spain.

C) France.

D) England.

298)

Under the tithing system, several hundreds constituted a ______, similar to a modern American county.

A) tithing B) hundred C) shire D) frankpledge

299)

The Statute of Winchester formalized the ________ system of protection.

A) shire reeve B) constable-watch C) tithing D) hue and cry

300)

Which of the following cities had the first modern police force?

A) New York B) Paris C) London D) Rome

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301)

According to Sir Robert Peel, the main function of the police was to prevent crime by which method?

A) active investigation B) preventive patrol C) the use of force D) the deployment of police strength

302)

Early American citizens ________ the formation of the first police departments.

A) resisted B) encouraged C) controlled D) privately funded

303)

Which was the first American city to create a paid and unified municipal police force?

A) Boston B) Chicago C) Philadelphia D) New York

304)

Which of the following characteristics of today's police was taken up by municipal police officers after the American Civil War? A) They began to carry out motorized patrol.

B) They began to rely on police radios to aid police function.

C) They began to wear uniforms.

D) They began to form posses.

305)

The first black police officers in the United States were _________.

A) "free men of color" B) slaves C) served on the frontier D) appointed by the local party machine

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306)

In the South, the earliest form of policing was the A) slave patrols.

B) hue and cry.

C) sheriff and posse.

D) constable-watch system.

307)

Which of the following forms of policing has been called the "first distinctively American police system"?

A) hue and cry B) slave patrols C) sheriff and posse D) constable-watch system

308)

Why were slave codes enacted?

A) To provide slaves with certain limited rights B) To ensure slaves received reasonable treatment C) Because of fears of violent slave revolts D) Because slave owners wanted clear guidance regarding how they could discipline slaves

309)

One similarity between the slave patrols and the constable-watch system was that A) people could hire others to perform their duties for them.

B) citizens resented their use of firearms.

C) they had many of the trappings of today's police.

D) they developed into today's sheriffs' departments.

310)

How did people maintain order and defend against criminals on the American frontier?

A) They organized night watches B) They appointed a shire reeve to supervise law enforcement efforts C) They engaged in vigilantism D) They organized mounted militia units

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311)

Which of the following is one of the principles advocated by August Vollmer to professionalize American policing?

A) The major function of the police was preventing rather than fighting crime.

B) Order maintenance is a key role of the police.

C) Police and politicians need to work closely for best results.

D) Education is a key ingredient in professionalizing policing.

312)

By the 1970s, research began to show that A) unattended disorderly behavior is a signal to more serious criminals that they can move in and operate with impunity.

B) rapid response to crime by the police increases the likelihood of arrest.

C) methods developed by the professional policing model were effective in reducing crime.

D) the role of police-as-enforcer was successful.

313)

Which of the following statements about community policing is TRUE? A) Community policing called for a shift from incident-based crime fighting to a problem-oriented approach.

B) Community policing caused a gap between community residents and the police.

C) Community policing placed great emphasis on patrolling using a police car.

D) Community policing originated at a time when the enforcer role was working efficiently.

314)

Approximately how many local, state, and federal public law enforcement agencies operate in the United States?

A) less than 3,000 B) less than 9,000 C) more than 18,000 D) more than 36,500

315)

Who were the first federal law enforcement agents in the United States?

A) the Drug Enforcement Administration (DEA) agents B) the Federal Bureau of Investigation (FBI) agents C) the Secret Service agents D) the U.S. Marshals

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316)

Which of the following is a service provided by the U.S. Marshals?

A) Combat the counterfeiting of U.S. currency B) Manage and dispose of seized and forfeited property C) Provide protection for national leaders D) Operate the Uniform Crime Reports system

317)

Why was the U.S. Secret Service created?

A) to combat counterfeiting B) to conduct fugitive investigations C) to protect national leaders D) to provide witness security

318)

When the Federal Bureau of Investigation was created, it was originally limited to investigating only a few types of crimes, including which of the following crimes?

A) Drug-related crimes B) Kidnapping C) Land fraud D) Violations of Prohibition

319)

Who is the longest-serving director of the Federal Bureau of Investigation?

A) Harry Anslinger B) J. Edgar Hoover C) William Burns D) William Sessions

320)

Which of the following events likely made the Federal Bureau of Investigation a major factor in policing?

A) passage of the Mann Act B) passage of the National Motor Vehicle Theft Act C) the killing of John Dillinger D) the Lindbergh baby kidnapping

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321)

According to J. Edgar Hoover, the purpose of the FBI's covert counterintelligence programs (COINTELPROS) was to ________.

A) expose specific groups and individuals B) revamp the administration of the FBI C) insulate the FBI from executive and legislative control D) accommodate dissidents and their organizations

322)

Which of the following is included in the new mission of the FBI? A) Protecting the U.S. from drug-related crimes B) Protecting the U.S. from cybercrime C) Supervising local and state law enforcement agencies D) Protecting the U.S. from terrorist threats

323)

Which of the following U.S. Presidents created the Drug Enforcement Administration (DEA)?

A) Theodore Roosevelt B) John F. Kennedy C) Richard Nixon D) Bill Clinton

324)

The federal law that began the War on Drugs in the U.S. was the __________.

A) Volstead Act B) Harrison Act C) Marijuana Tax Act D) BNDD

325)

The first "drug czar" in the U.S.A. was _________.

A) Harry J. Anslinger B) John Hoover C) John Ingersoll D) Robert Mueller

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326)

The majority of public law enforcement agencies are considered to be _________.

A) sheriffs' departments B) local police agencies C) federal agencies D) state police departments

327)

In 2016, ________ municipal police departments operated in the United States.

A) 125 B) 1,250 C) more than 12,000 D) more than 125,000

328)

According to the PEPPAS acronym, which of the following would fall into the duty of protecting life and property?

A) Patrolling a business district at night B) Providing community members with home security advice C) Apprehending a fleeing suspect D) Enforcing traffic laws

329)

Breaking up a fight, holding back a crowd at a sporting event, or intervening in a domestic dispute before it gets violent are examples of the police duty of A) law enforcement.

B) order maintenance.

C) service.

D) information gathering.

330)

Taking people to the hospital, escorting funeral processions, delivering mail for city officials, or chasing bats out of a caller's house are examples of the police duty of A) law enforcement.

B) order maintenance.

C) service.

D) information gathering.

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331)

Which of the following is an example of the police duty of law enforcement?

A) testifying in court B) breaking up a fight C) escorting funeral processions D) investigating a missing child case

332)

Most county sheriffs are A) appointed by the county commissioner.

B) hired by a board appointed for that purpose.

C) appointed from within the agency.

D) elected by the voters of the county.

333)

Which of the following officials is responsible for providing civil process services for the court?

A) Sheriffs B) Local police C) FBI agents D) State police

334)

Which of the following best describes the department of public safety model of state law enforcement?

A) This model gives state officers the same enforcement powers as local police within the state B) In this model, officers focus primarily on traffic-related issues, particularly on state highways C) This model tends to involve multiple agencies or divisions responsible for various law enforcement activities D) This model tends to focus on policing university and college campuses

335)

The only state in the U.S. that does NOT have a state policing agency is _______.

A) Hawaii B) Alaska C) Michigan D) Idaho

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336)

Which of the following federal law enforcement agencies employs the largest number of personnel?

A) the U.S. Customs and Border Protection B) the Federal Bureau of Prisons C) the U.S. Immigration and Customs Enforcement D) the Federal Bureau of Investigation

337)

The Federal Law Enforcement Training Center is part of which federal agency?

A) The FBI B) The Department of Homeland Security C) The Treasury Department D) The Department of Justice

338)

According to the Homeland Security Act of 2002, which of the following agencies or organizations has the "primary responsibility for investigating and prosecuting acts of terrorism"?

A) the Department of Homeland Security B) the U.S. military C) federal, state, and local law enforcement agencies D) the Central Intelligence Agency (CIA)

339)

Which component of the Department of Homeland Security has the mission of keeping terrorists and terrorist weapons out of the U.S.?

A) The U.S. Coast Guard B) The U.S. Customs and Border Protection C) The U.S. Secret Service D) The Bureau of Immigration and Customs Enforcement

340)

The Office for Civil Rights and Civil Liberties within the Office of the Secretary of the DHS is responsible for which function?

A) Creating a client-oriented full-service legal team B) Providing leadership to Equal Employment Opportunity Programs C) Acting as the primary liaison to members of Congress, the White House, and other federal agencies with roles in assuring national security D) Enforcing privacy protections and transparency in all DHS activities

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341)

What is currently the top priority of the Federal Bureau of Investigation (FBI)?

A) being a federal police agency B) protecting the president and other government leaders C) being an intelligence and counterterrorism agency D) enforcing the country's immigration laws

342)

Which of the following factors is a reason for the growth of private security in the United States?

A) The public nature of crimes in the workplace B) Fewer constitutional limitations on private security personnel C) Better qualifications and training compared to public police D) Increased governmental funding for private security

343)

________ refers to protective services that a private security firm provides to people, agencies, and companies that do not employ their own security personnel or that need extra protection.

A) Proprietary security B) External security C) Contract security D) Internal security

344)

Identify a true statement about proprietary security agents.

A) They provide services only for the agency that employs them.

B) They are classified as sworn peace officers.

C) They are able to find jobs faster than contract security officers because of cost reasons.

D) They are mainly employed by health care agencies.

345)

________ is a model of state law enforcement services in which the agency and its officers have the same law enforcement powers as local police anywhere within the state.

A) The state police model B) The highway patrol model C) The constable-watch system D) Slave patrolling

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346)

Identify a true statement about CompStat.

A) It is incompatible with community policing.

B) It leads to a drastic increase in crime rates in states that have implemented them.

C) It snatches the control of everyday policing from police administrators.

D) It discourages police administrators from using their problem-solving techniques.

347)

Jurisdiction includes the right or authority of a justice agency to act in regard to a particular subject matter, territory, or person. ⊚ true ⊚ false

348)

The constable-watch system was England's earliest form of group protection. ⊚ true ⊚ false

349)

Henry Fielding established the Bow Street Runners, who were England's first professional detective force. ⊚ true ⊚ false

350)

The United States has more police departments than any other nation in the world. ⊚ true ⊚ false

351)

Party politics prevented the development of professional police departments in most American cities until the 1920s. ⊚ true ⊚ false

352)

Slave codes were primarily designed to ensure that enslaved persons were not mistreated. ⊚ true ⊚ false

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353)

On the frontier, people primarily maintained order through vigilantism. ⊚ true ⊚ false

354)

Early Native Americans provided their own law enforcement. ⊚ true ⊚ false

355)

Early police agencies required new officers to undergo a short period of training. ⊚ true ⊚ false

356)

The professional model focused on eliminating political influences in policing. ⊚ true ⊚ false

357)

Research has found that rapid response by the police to crime by the police leads to more arrests. ⊚ true ⊚ false

358)

The FBI was the first federal law enforcement agencies in the United States. ⊚ true ⊚ false

359)

U.S. Marshals are responsible for operating the Witness Security Program. ⊚ true ⊚ false

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360)

During the mid-nineteenth century, it was estimated that one-third to one-half of all currency in circulation in the United States was counterfeit. ⊚ true ⊚ false

361)

The Secret Service is responsible for providing protection to heads of state visiting the U.S. from other countries. ⊚ true ⊚ false

362)

The Mann Act was designed to prevent business monopolies from artificially raising prices by restricting trade. ⊚ true ⊚ false

363)

For many years, FBI Director J. Edgar Hoover insisted that Italian-dominated organized crime in the U.S. did not exist. ⊚ true ⊚ false

364)

The FBI is responsible for operating the Uniform Crime Reports system. ⊚ true ⊚ false

365)

The War on Drugs began with the passage of the Harrison Narcotics Tax Act of 1914. ⊚ true ⊚ false

366)

During his time as drug czar, Harry Anslinger focused particularly on a national campaign against the use of cocaine. ⊚ true ⊚ false

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367)

One of the official rationales for combining the various drug enforcement agencies was the need for better intelligence gathering on drug-trafficking organizations. ⊚ true ⊚ false

368)

Law enforcement in the U.S. is locally controlled. ⊚ true ⊚ false

369)

About half of all local police departments in the United States employ at least 500 sworn officers. ⊚ true ⊚ false

370)

Police in the U.S. are organized using a military structure. ⊚ true ⊚ false

371)

Most county sheriffs are appointed. ⊚ true ⊚ false

372)

In the state police model, officers can enforce the law anywhere within the boundaries of the state. ⊚ true ⊚ false

373)

Before the creation of the Department of Homeland Security, the FBI had primary responsibility for locating terrorist groups and preventing terrorist acts in the United States. ⊚ true ⊚ false

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374)

All federal law enforcement agencies are under the responsibility of the Department of Justice. ⊚ true ⊚ false

375)

The Federal Law Enforcement Training Center provides training for all federal law enforcement agencies. ⊚ true ⊚ false

376)

The response of the U.S. Congress to the terrorist attacks of September 11, 2001, was the enactment of the Homeland Security Act of 2002. ⊚ true ⊚ false

377)

In the highway patrol model, the agency and its officers have essentially the same enforcement powers as local police in the state and can work cases and enforce the law anywhere within the state's boundaries. ⊚ true ⊚ false

378)

States that employ the highway patrol model often have other state law enforcement agencies with narrow service mandates. ⊚ true ⊚ false

379)

The mass shooting at a gay nightclub in Orlando, Florida was committed by a lone wolf terrorist. ⊚ true ⊚ false

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380)

The minimum qualifications required for private security personnel are comparable to those of public police officers. ⊚ true ⊚ false

381)

The gap between the amount spent on private security and that spend on public policing is shrinking. ⊚ true ⊚ false

382)

The majority of contract private security officers carry weapons. ⊚ true ⊚ false

383)

Your textbook lists Peel's Principles of Policing. Name 5 of these 12 principles.

384)

The professional model of policing inspired by August Vollmer brought several positive results to American policing. Name five of the nine results discussed in your textbook.

385)

Discuss the major recommendations made by all four blue-ribbon commissions that studied the police in the 1960s and 1970s. Explain how these recommendations affected police selection.

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386)

Your textbook names four generalizations about American law enforcement. Identify those four generalizations.

387)

In the context of local police duties, briefly explain what the acronym PEPPAS stands

for.

388)

List and explain the three models of state law enforcement.

389)

List and describe six of the 14 components of the Department of Homeland Security.

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390)

During rush hour, a suspicious package is found on a local commuter train. Several passengers said that an individual dressed in dark clothes with a full-face mask on entered the train at one of its stations, left the package, and exited immediately. Other passengers immediately left the train and called for security. Security personnel evacuated the train, set up a perimeter of safety, and shut down all train service entering and exiting the station.

Twenty minutes later, local police received an anonymous call stating that a bomb had been placed on a commuter train and was set to detonate in 24 hours unless some prisoners were released from an overseas detention center in a Middle East country. In this scenario, determine which U.S. agencies would have some jurisdiction over the incident?

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Answer Key Test name: chapter 5 1) A 2) D 3) C 4) B 5) B 6) B 7) A 8) D 9) C 10) A 11) A 12) B 13) C 14) A 15) C 16) D 17) A 18) A 19) C 20) D 21) B 22) A 23) C 24) B 25) D 26) A 27) D 28) C 29) B 30) A 31) B 32) C 33) A 34) B 35) C 36) A 37) D

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38) A 39) B 40) A 41) A 42) B 43) C 44) B 45) B 46) C 47) B 48) C 49) A 50) A 51) A 52) TRUE 53) FALSE 54) TRUE 55) TRUE 56) TRUE 57) FALSE 58) TRUE 59) TRUE 60) FALSE 61) TRUE 62) FALSE 63) FALSE 64) TRUE 65) TRUE 66) TRUE 67) FALSE 68) TRUE 69) TRUE 70) TRUE 71) FALSE 72) TRUE 73) TRUE 74) FALSE 75) TRUE 76) FALSE 77) TRUE

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78) TRUE 79) FALSE 80) FALSE 81) TRUE 82) FALSE 83) TRUE 84) TRUE 85) FALSE 86) TRUE 87) FALSE 88) Short Answer

Answers should include any five of the following: The police must be stable, efficient, and organized along military lines.

The police must be under government control.

The absence of crime will best prove the efficiency of police.

The distribution of crime news is essential.

The deployment of police strength both by time and area is essential.

No quality is more indispensable to a policeman than a perfect command of temper; a quiet, determined manner has more effect than violent action.

Good appearance commands respect.

The securing and training of proper persons is at the root of efficiency.

Public security demands that every police officer be given a number.

Police headquarters should be centrally located and easily accessible to the police.

Policemen should be hired on a probationary basis.

Police records are necessary for the correct distribution of police strength.

89) Short Answer

Answers should include any five of the following: Narrowing of the police function from social service and the maintenance of order to law enforcement only Centralization of authority, with the power of precinct captains and commanders checked Creation of specialized, centrally based crime-fighting units, as for burglary A shift from neighborhood foot patrol to motorized patrol Implementation of patrol allocation systems based on such variables as crime rates, calls for service, and response times Reliance on technology, such as police radios, to both control and aid the policing function Recruitment of police officers through psychological screening and civil service testing Specific training in law enforcement techniques

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90) Short Answer

All four reports noted the critical role police officers play in American society, called for careful selection of law enforcement officers, and recommended extensive and continuous training.

They also recommended better police management and supervision, as well as internal and external methods of maintaining integrity in police departments. In response to these recommendations, police selection has become an expensive and elaborate process.

91) Short Answer

The four generalizations about American law enforcement are: The quality of police services varies greatly among states and localities across the nation. There is no consensus on professional standards for police personnel, equipment, and practices.

Expenditures for police services vary greatly among communities. Obtaining police services from the appropriate agency is often confusing for crime victims and other clients.

92) Short Answer

PEPPAS stands for: P—protect life and property E—enforce the law P—prevent crime P—preserve the peace A—arrest violators S—serve the public 93) Short Answer

The state police model gives the state agency and its officers essentially the same enforcement powers as those given to local police in the state. Officers may work cases and enforce the law anywhere within the state's boundaries. Some states have placed some restrictions on state police activities to avoid clashes with local police agencies and local politicians.

Officers in the highway patrol model focus almost exclusively on highway traffic safety, enforcing state traffic laws, and investigating accidents on the state's roads and highways.

However, they may retain responsibility for investigating crimes occurring on state property and in state institutions or for conducting drug interdictions.

The department of public safety model involves the creation of a Department of Public Safety, a complex organization made up of multiple agencies or divisions.

94) Short Answer

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Answers should include any six of the following: The U. S. Citizenship and Immigration Services (USCIS) administer the nation's lawful immigration system, safeguarding its integrity and promise by efficiently and fairly adjudicating requests for immigration benefits while protecting Americans, securing the homeland, and honoring our values.

The United States Coast Guard (USCG) protects the maritime economy and the environment, defends our maritime borders, and saves those in peril.

The United States Customs and Border Protection (CBP) has the priority mission of keeping terrorists and their weapons out of the U.S. It also has a responsibility for securing and facilitating trade and travel while enforcing hundreds of U.S. regulations, including immigration and drug laws.

The Cybersecurity and Infrastructure Security Agency (CISA) leads the national effort to defend critical infrastructure against the threats of today, while working with partners across all levels of government and in the private sector to secure against the evolving risks of tomorrow.

The Federal Emergency Management Agency (FEMA) supports our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.

The Federal Law Enforcement Training Center (FLETC) provides career-long training to law enforcement professionals to help them fulfill their responsibilities safely and proficiently.

The United States Immigration and Customs Enforcement (ICE) promotes homeland security and public safety through the criminal and civil enforcement of federal laws governing border control, customs, trade, and immigration.

The United States Secret Service (USSS) safeguards the nation's financial infrastructure and payment systems to preserve the integrity of the economy, and protects national leaders, visiting heads of state and government, designated sites, and National Special Security Events.

The Transportation Security Administration (TSA) protects the nation's transportation systems to ensure freedom of movement for people and commerce.

The Management Directorate is responsible for budget, appropriations, expenditure of funds, accounting and finance; procurement; human resources and personnel; information technology systems; facilities, property, equipment, and other material resources; providing biometric identification services; and identification and tracking of performance measurements relating to the responsibilities of the Department.

The Science and Technology Directorate is the primary research and development arm of the Department. It provides federal, state and local officials with the technology and capabilities to protect the homeland.

The Countering Weapons of Mass Destruction Office works to counter attempts by terrorists or other threat actors to carry out an attack against the United States or its interests using a weapon of mass destruction.

The Office of Intelligence and Analysis equips the Homeland Security Enterprise with the timely

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intelligence and information it needs to keep the homeland safe, secure, and resilient.

The Office of Operations Coordination provides information daily to the Secretary of Homeland Security, senior leaders, and the homeland security enterprise to enable decision-making; oversees the National Operations Center; and leads the Department's Continuity of Operations and Government Programs to enable continuation of primary mission essential functions in the event of a degraded or crisis operating environment.

95) Short Answer

Answers will vary but should include a discussion of private security within the train station; local, county, and state police duties to assist with public safety and coordination of information to identify the suspect; proper notification and primary jurisdiction of the Department of Homeland Security (especially TSA, Office of Operations Coordination, Office of Intelligence and Analysis), the FBI (domestic terrorism and intelligence gathering), and ATF (explosive device) as primary federal agencies to investigate a threat of domestic terrorism.

Student name:__________ 391)

The only personal experience most people have with the criminal justice process is contact with a A) probation or parole officer.

B) courtroom.

C) correctional institution.

D) local police officer.

392)

Because the police have multiple responsibilities that may be incompatible, they may suffer from _________.

A) role conflict B) role expectation C) operational style conflict D) role confusion

393)

In 2015, how many law enforcement officers were feloniously killed in the line of duty in the United States?

A) 0 B) 22 C) 41 D) 142

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394)

Officer Marcus has been instructed by his supervisor to focus on keeping the peace in the community and to make arrests only after informal methods of resolving problems fails.

Officer Marcus most likely works in a department that operates under which of James Q. Wilson's organizational styles of policing?

A) Legalistic style B) Idealist style C) Service style D) Watchman style

395)

According to political scientist William Muir's styles of policing, _________ hold values that make it difficult for them to use force to solve problems.

A) avoiders B) reciprocators C) enforcers D) professionals

396)

Which of the following circumstances accounted for the largest number of law enforcement officers assaulted in the United States in 2017?

A) disturbance calls B) handling, transporting, and custody of prisoners C) investigation of suspicious persons and circumstances D) traffic pursuits and stops

397)

An officer who places emphasis on both social order and due process would fall into which of John Broderick's operational styles?

A) enforcer B) idealist C) realist D) optimist

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398)

According to Eugene Paoline's classification of police occupational styles, an officer who tends to hold favorable attitudes towards both citizens and supervisors, and who holds positive attitudes towards aggressive patrolling techniques and selective enforcement would be considered a(n) _________.

A) traditionalist B) peacekeeper C) old-pro D) Dirty Harry enforcer

399)

Which of the following is the most time-consuming and resource-intensive task of any police agency?

A) patrol B) investigation C) traffic enforcement D) drug enforcement

400)

Random or ______ patrol involves officers who are "systematically unsystematic" and observant in an attempt to both deter and ferret out crime on their beats.

A) foot B) directed C) preventive D) aggressive

401)

In ________ patrol, officers are given guidance on how to use their patrol time, which is often based on the results of crime analyses that identify problem areas.

A) directed B) preventive C) aggressive D) foot

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402)

When an entire patrol section is instructed to make numerous traffic stops and field interrogations, the practice is referred to as ________ patrol.

A) foot B) aggressive C) directed D) preventive

403)

Who is usually responsible for conducting the preliminary investigation in a felony case?

A) Plainclothes detectives B) Supervisors C) Patrol officers D) Crime scene personnel

404)

The foot patrol experiment in Newark found that A) foot patrol was linked to decreased levels of crime.

B) residents did not notice whether foot patrol officers were present in the area.

C) the type of patrol did not affect citizen satisfaction with police service.

D) foot patrol was linked to reduced fear of crime.

405)

With DNA (deoxyribonucleic acid) profiling, a unique genetic profile can be derived from ________ found at the scene of a crime or on a victim.

A) hair B) semen C) blood D) All of the answers are correct.

406)

Which of the following statements is true of patent fingerprints?

A) They are visible to the naked eye B) They are left on a surface by oil or perspiration deposits from a finger C) They are detected using fine powder D) They are invisible

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407)

Which of the following cybercrimes involves hacking into and controlling industry databases, with the offender promising to release control if funds are received?

A) Internet extortion B) Identity theft C) Spoofing D) Ponzi schemes

408)

Cybercrime specialists who trade and sell stolen data are known as _______.

A) hackers B) techies C) cashers D) vendors

409)

A cybercrime specialist known as a casher is most likely to engage in which activity?

A) They transfer and launder money through digital currency services B) They will control rings of money mules C) They create and deploy social engineering schemes

410)

A large percentage of deaths and injuries on the highway are due to _______.

A) alcohol B) illegal drug use C) drowsy driving D) misuse of cell phones

411)

The most misused drug in the U.S. is ______.

A) MDMA B) cocaine C) opioids D) marijuana

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412)

Police officers who engage in _________ targeting drugs tend to focus on shutting down organizations responsible for distributing large amounts of illegal drugs.

A) Crop eradication B) Major investigations C) Street-level enforcement D) Mid-level investigation

413)

Who has the primary responsibility for drug smuggling interdiction?

A) Local police B) Federal law enforcement agencies C) State police D) County sheriffs' departments

414)

Which of the following is one of the foundations upon which the professional model of policing is based?

A) aggressive patrol B) community involvement C) follow-up investigation D) no response time

415)

Researchers discovered that in ________ of crimes, citizens wait 5-10 minutes to call the police, which generally precludes catching the criminal at the scene?

A) 5 percent B) 25 percent C) 60 percent D) 90 percent

416)

Identify a true statement about community policing.

A) Implementation plans for community policing remain the same among all agencies.

B) Critical decisions are required to be made at the neighborhood level.

C) Citizens are entrusted with conducting arrests on behalf of the police.

D) The police view the community as a passive presence connected to them by an isolated incident or series of incidents.

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417)

Which element of the SARA problem-solving process involves identifying problems?

A) Scanning B) Assessment C) Analysis D) Response

418)

Which of the following are the three variables that interact to form a crime triangle?

A) a preventive patrol, an investigation, and a follow-up B) a citizen, police, and a criminal C) an urban, a suburban, and a rural location D) a victim, an offender, and a location

419)

A(n) _________ involves the temporary detention of a pedestrian or motorist.

A) aggressive patrol strategy B) directed patrol strategy C) field interrogation D) role expectation

420)

The most complete DNA database in the United States is _______.

A) CompStat B) CODIS C) GIS D) AFIS

421)

D.A.R.E. focuses on which method of preventing drug use?

A) Asset forfeiture B) Demand reduction C) Crop eradication D) Street-level enforcement

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422)

What is the only crop targeted by local police agencies for crop eradication?

A) heroin B) coca plants C) marijuana D) opium poppies

423)

Which of the following drug enforcement strategies accounts for the greatest number of drug arrests and seizures in the United States?

A) street-level enforcement B) mid-level investigations C) major investigations D) crop eradication

424)

Which of the following statements is true about the Fair Sentencing Act of 2010 signed into law by President Barack Obama?

A) It applied to both state and federal cocaine cases.

B) It prohibited the spraying of marijuana crops with chemicals by the government.

C) It discarded the mandatory minimum 5-year prison sentence for first-time offenders possessing crack cocaine.

D) It eliminated the sentencing disparity between crack- and powder-cocaine offenses.

425)

In the context of cybercrime, identify a true statement about Ponzi or pyramid schemes.

A) Investors are promised moderate and steady profits on their investments.

B) The later investors receive high dividends.

C) Early investors are paid returns with the investment money received from the later investors.

D) A lump sum investment is made at the initial stage of the scheme.

426)

In 2013, approximately ________ of all local police departments had one or more officers assigned full-time to a multiagency drug enforcement task force.

A) one-fifth B) one-half C) one-tenth D) one-third

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427)

________ refer to individuals who are actually sent to the United States, often on work or student visas, with the purpose of moving money for criminals.

A) Hacker mules B) Premier mules C) One and done mules D) Career money mules

428)

Which of the following is true of "The First Step Act", which was signed into law by President Trump in 2018?

A) The Act eliminated the sentencing disparity between federal crack-cocaine and powder-cocaine offenses B) The Act provides full retroactivity to President Obama's Fair Sentencing Act C) The Act significantly increased the sentence length for many federal drug law violators D) The Act gives eligible federal drug prisoners time credits for successfully participating in recidivism reduction programming

429)

How does the FBI define terrorism?

A) the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives B) the systematic use of terror or unpredictable violence against governments, publics, or individuals to attain a political objective C) premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents, usually intended to influence an audience D) the unlawful use, or threatened use, of force or violence by a group or individual based and operating entirely within the United States or its territories without foreign direction committed against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives

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430)

As of April 15, 2019, how many foreign terrorist organizations were recognized by the U.S. State Department?

A) 21 B) 34 C) 56 D) 68

431)

Which of the following is a description of a left-wing terrorist group?

A) A terrorist group calling for radical change to liberate people from capitalism B) A terrorist group opposing government regulation and emphasizing racial supremacy C) A terrorist group focusing on a specific issue important to the group and its members D) A small group of lone-wolf terrorists

432)

The Animal Liberation Front (ALF) is an example of which type of domestic terrorism?

A) Special interest terrorist group B) Lone-wolf extremists C) Left-wing terrorist group D) Right-wing terrorist group

433)

The police possess narrow discretion. ⊚ true ⊚ false

434)

Traditionalist police officers hold favorable views of procedural guidelines. ⊚ true ⊚ false

435)

Sometimes a police officer's role may be simply to solve problems in the course of providing service. ⊚ true ⊚ false

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436)

In William Muir's styles of policing, passion is the ability to use force or the recognition that force is a legitimate means of resolving conflict. ⊚ true ⊚ false

437)

According to Eugene Paoline's types of police officers, law-lows tend to distrust citizens and believe them to be somewhat uncooperative. ⊚ true ⊚ false

438)

Police administrators consider investigation to be the backbone of the police department. ⊚ true ⊚ false

439)

The 1972 Kansas City Preventive Patrol Experiment found that heavily patrolled streets had significantly less crime than unpatrolled streets did. ⊚ true ⊚ false

440)

Crime mapping may be used to help evaluate a department's ability to solve problems in the community. ⊚ true ⊚ false

441)

Field interrogations generally do not reduce crime in targeted areas. ⊚ true ⊚ false

442)

Detectives usually have the cards stacked against them, and their chances of solving crimes are low. ⊚ true ⊚ false

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443)

In the majority of DNA examinations, the suspect's DNA cannot be matched with biological evidence from the crime scene, thus eliminating most suspects from consideration. ⊚ true ⊚ false

444)

Patent fingerprints are visible to the naked eye. ⊚ true ⊚ false

445)

In the context of the different types of police officers, Dirty Harry enforcers are unwilling to perform law enforcement, order maintenance, and community policing functions. ⊚ true ⊚ false

446)

Auction fraud is a type of cybercrime which uses third-party escrow services to facilitate the exchange of money and merchandise in an online auction. ⊚ true ⊚ false

447)

Fraudsters are cybercriminals who create and deploy various social engineering schemes, such as phishing and spamming. ⊚ true ⊚ false

448)

419 scams involve sending e-mails or letters inviting victims to share in a percentage of millions of dollars of money by helping to move money out of overseas bank accounts. ⊚ true ⊚ false

449)

More people die in automobile accidents each year than are murdered. ⊚ true ⊚ false

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450)

Illegal drug use in the United States is widespread and stable. ⊚ true ⊚ false

451)

In 2017, opioids were the most mis-used drug in the U.S. ⊚ true ⊚ false

452)

The majority of drug arrests and drug seizures result from mid-level investigations. ⊚ true ⊚ false

453)

Marijuana is the only crop that local police agencies target for the purpose of crop eradication. ⊚ true ⊚ false

454)

The majority of people whose property is seized by the federal government for forfeiture are charged with a crime. ⊚ true ⊚ false

455)

In the context of criminal investigation, promising cases are turned over to detectives for follow-up investigation. ⊚ true ⊚ false

456)

Research confirms that aggressive patrol increases crime. ⊚ true ⊚ false

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457)

Local police agencies have the primary responsibility for smuggling interdiction. ⊚ true ⊚ false

458)

More people die in automobile accidents each year than are murdered. ⊚ true ⊚ false

459)

According to broken windows theory, if the police do not deal quickly with minor annoyances, more serious crime is likely to occur. ⊚ true ⊚ false

460)

According to the SARA problem-solving process, the response step focuses on determining the effective of a solution after it has been implemented. ⊚ true ⊚ false

461)

The Earth Liberation Front is an example of a right-wing terrorist group. ⊚ true ⊚ false

462)

Name and define the four special characteristics that successful police work requires, as described in your textbook.

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463)

Name and define James Q. Wilson's three operational styles of policing.

464)

William Muir named four styles of policing in your textbook. Name these four styles, and define them by their relation to passion and perspective.

465)

Your textbook lists nine critical functions of investigators. Name five of these.

466)

Name the three essential and complementary components or operational strategies of community policing.

467)

Your textbook lists 18 types of offenses that can be committed using computer and Internet technology. Name and describe six of these.

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468)

Your textbook lists 10 roles that can be assumed by cybercriminals. Name and describe four of these.

469)

Officer Joanna has newly graduated from the police academy and has a real passion for her work. During her day shift, she likes to park her patrol car behind some trees near a shopping mall that has a "stop" sign right before entry onto a side road. She enjoys pulling over every car that doesn't come to a complete stop before turning onto the side road. During the evening shift, Officer Joanna responds properly to disturbances of the peace and domestics. She has a very business-like approach, preferring to arrest rather than "counsel" citizens about their actions. She is willing to testify at court and "let the judge sort it out."

When working the midnight shift, she patrols developments and conducts business checks carefully, looking for any open or unlocked doors that might lead to a crime in progress.

What operational style of police work would she fall under? What are the advantages and disadvantages of her using this style?

470)

At 3 AM, the Dispatch Communications Center for your local police department has received a call of a possible burglary in progress at a private residence. A neighbor reports that two men exited a dark van parked into the driveway of a house whose owners are on vacation. The neighbor saw that an outside light suddenly went out, and then heard glass breaking. Someone shouted an expletive, and the neighbor opined that one of the intruders might have cut himself or herself. The neighbor does not recognize the van and believes the occupants may be burglars. How would dispatch likely assign this call? How would the police department handle the incident if it turns out it is in fact a burglary in progress?

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471)

In the context of strategies used in drug enforcement in the United States, explain crop eradication and the problems associated with its implementation.

472)

Explain why police agencies retain detectives and plainclothes investigators.

473)

Provide the FBI's definition of terrorism and explain the two broad categories of terrorism recognized by the FBI.

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Answer Key Test name: chapter 6 1) D 2) A 3) C 4) D 5) B 6) A 7) B 8) C 9) A 10) C 11) A 12) B 13) C 14) D 15) D 16) A 17) A 18) D 19) B 20) A 21) D 22) B 23) B 24) C 25) D 26) B 27) A 28) D 29) C 30) B 31) B 32) C 33) A 34) C 35) C 36) B 37) B

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38) D 39) B 40) D 41) A 42) A 43) FALSE 44) FALSE 45) TRUE 46) TRUE 47) FALSE 48) FALSE 49) FALSE 50) TRUE 51) FALSE 52) TRUE 53) FALSE 54) TRUE 55) FALSE 56) FALSE 57) TRUE 58) TRUE 59) TRUE 60) TRUE 61) FALSE 62) FALSE 63) TRUE 64) FALSE 65) TRUE 66) FALSE 67) FALSE 68) TRUE 69) TRUE 70) FALSE 71) FALSE 72) Short Answer

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These four characteristics are: Quick decision making: Sometimes, police officers must make on-the-spot decisions about whether to use force, how to maneuver a patrol car, or whether to stop a suspect.

The independent nature of police work: The position of peace officer in all states in the United States is a position of honor and trust. After patrol officers attend roll call, stand inspection, check out their equipment, and depart into the streets in their patrol cars, they work virtually unsupervised until the end of their tour of duty.

"Dirty work": Police work requires police officers to perform distasteful work, such as dealing with notorious criminals and viewing corpses.

Danger: Police officers must spend a substantial amount of their time trying to resolve conflicts, frequently in hostile environments.

73) Short Answer

The three operational styles of policing according to James Q. Wilson are: Legalistic style: The emphasis is on violations of law and the use of threats or actual arrests to solve disputes in the community.

Watchman style: The emphasis is on informal means of resolving disputes and problems in a community.

Service style: The emphasis is on helping in the community, as opposed to enforcing the law.

74) Short Answer

The four styles of policing named by William Muir and their relation to passion and perspective, are as follows: Professionals: Officers have the necessary passion and perspective to be valuable police officers.

Enforcers: Officers have passion in responding to human problems but do not recognize limits on their power to resolve those problems (i.e., they lack perspective).

Reciprocators: Officers are too objective in that they have perspective but virtually no passion, resulting in a detachment from the suffering they encounter and often a failure to take action.

Avoiders: Officers have neither passion nor perspective, resulting in no recognition of people’s problems and no action to resolve them.

75) Short Answer

Answers can include any of the following: locate witnesses and suspects; arrest criminals; collect, preserve, and analyze evidence; interview witnesses; interrogate suspects; write reports; recover stolen property; seize contraband; prepare cases and testify in court.

76) Short Answer

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These components are community partnership, problem solving, and change management.

77) Short Answer

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Answers can include any six of the following: Auction fraud: Auction fraud involves fraud attributable to the misrepresentation of a product advertised for sale through an Internet auction site or the nondelivery of products purchased through an Internet auction site.

Child pornography/child sexual exploitation: Computer telecommunications have become one of the most prevalent techniques used by pedophiles to share illegal photographic images of minors and to lure children into illicit sexual relationships. The Internet has dramatically increased the access of the preferential sex offenders to the population they seek to victimize and provides them greater access to a community of people who validate their sexual preferences.

Counterfeit cashier’s check: The counterfeit cashier’s check scheme targets individuals that use Internet classified advertisements to sell merchandise. Typically, an interested party located outside the United States contacts a seller. The seller is told that the buyer has an associate in the United States that owes him money. As such, he will have the associate send the seller a cashier’s check for the amount owed to the buyer. The amount of the cashier’s check will be thousands of dollars more than the price of the merchandise, and the seller is told the excess amount will be used to pay the shipping costs associated with getting the merchandise to his location. The seller is instructed to deposit the check and, as soon as it clears, to wire the excess funds back to the buyer or to another associate identified as a shipping agent. In most instances, the money is sent to locations in West Africa (Nigeria). Because a cashier’s check is used, a bank will typically release the funds immediately or after a one- or two-day hold. Falsely believing the check has cleared, the seller wires the money as instructed. In some cases, the buyer is able to convince the seller that some circumstance has arisen that necessitates the cancellation of the sale, and is successful in conning the victim into sending the remainder of the money. Shortly thereafter, the victim’s bank notifies him that the check was fraudulent, and the bank is holding the victim responsible for the full amount of the check.

Credit card fraud: Credit/debit card numbers can be stolen from unsecured websites, or can be obtained in an identity theft scheme.

Debt elimination: Debt elimination schemes generally involve websites advertising a legal way to dispose of mortgage loans and credit card debts. Most often, all that is required of the participant is to send $1,500 to $2,000 to the subject, along with all the particulars of the participant’s loan information and a special power of attorney authorizing the subject to enter into transactions regarding the title of the participant’s home on his or her behalf. The subject then issues bonds and promissory notes to the lenders that purport to legally satisfy the participant’s debts. In exchange, the participant is then required to pay a certain percentage of the value of the satisfied debts to the subject. The potential risk of identity theft crimes associated with the debt elimination scheme is extremely high because the participants provide all of their personal information to the subject.

Parcel courier e-mail scheme: The parcel courier e-mail scheme involves the supposed use of various national and international parcel providers, such as DHL, UPS, FedEx, and the USPS. Version 1

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Often, the victim is directly e-mailed by the subject(s) following online bidding on auction sites.

Most of the scams follow a general pattern that includes the following elements. The subject instructs the buyer to provide shipping information, such as name and address. The subject informs the buyer that the item will be available at the selected parcel provider in the buyer’s name and address, thereby, identifying the intended receiver. The selected parcel provider checks the item and purchase documents to guarantee everything is in order. The selected parcel provider sends the buyer delivery notification verifying his or her receipt of the item. The buyer is instructed by the subject to go to an electronic funds transfer medium, such as Western Union, and make a funds transfer in the subject’s name and in the amount of the purchase price. After the funds transfer, the subject instructs the buyer to forward the selected parcel provider the funds transfer identification number, as well as his or her name and address associated with the transaction. The subject informs the buyer the parcel provider will verify payment information and complete the delivery process. Upon completion of delivery and inspection of the item(s) by the receiver, the buyer provides the parcel provider funds transfer information, thus, allowing the seller to receive his funds.

Employment/business opportunities: Employment/business opportunity schemes have surfaced in which bogus foreign-based companies are recruiting citizens in the United States on several employment-search websites for work-at-home employment opportunities. These positions often involve reselling or reshipping merchandise to destinations outside the United States. Prospective employees are required to provide personal information, as well as copies of their identification, such as a driver’s license, birth certificate, or social security card. Those employees that are “hired” by these companies are then told that their salary will be paid by check from a United States company reported to be a creditor of the employer. This is done under the pretense that the employer does not have any banking set up in the United States. The amount of the check is significantly more than the employee is owed for salary and expenses, and the employee is instructed to deposit the check into his or her own account and then wire the overpayment back to the employer’s bank, usually located in Eastern Europe. The checks are later found to be fraudulent, often after the wire transfer has taken place.

Escrow services fraud: In an effort to persuade a wary Internet auction participant, the perpetrator will propose the use of a third-party escrow service to facilitate the exchange of money and merchandise. The victim is unaware the perpetrator has actually compromised a true escrow site and, in actuality, created one that closely resembles a legitimate escrow service. The victim sends payment to the phony escrow and receives nothing in return. Or, the victim sends merchandise to the subject and waits for his or her payment through the escrow site, which is never received because it is not a legitimate service.

Identity theft: Identity theft occurs when someone appropriates another’s personal information without his or her knowledge to commit theft or fraud. Identity theft is a vehicle for perpetrating other types of fraud schemes. Typically, the victim is led to believe he or she is divulging sensitive personal information to a legitimate business, sometimes as a response to an e-mail solicitation to update billing or membership information, or as an application to a fraudulent

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Internet job posting.

Internet extortion: Internet extortion involves hacking into and controlling various industry databases, promising to release control back to the company if funds are received, or the subjects are given web administrator jobs. Similarly, the subject will threaten to compromise information about consumers in the industry database unless funds are received.

Investment fraud: Investment fraud is an offer using false or fraudulent claims to solicit investments or loans, or providing for the purchase, use, or trade of forged or counterfeit securities.

Lotteries: The lottery scheme deals with persons randomly contacting e-mail addresses advising the e-mail recipients they have been selected as the winner of an international lottery. An agency name follows this body of text with a point of contact, phone number, fax number, and an e-mail address. An initial fee ranging from $1,000 to $5,000 is often requested to initiate the process, and additional fee requests follow after the process has begun.

Nigerian letter or “419”: Named for the violation of Section 419 of the Nigerian Criminal Code, the 419 scam combines the threat of impersonation fraud with a variation of an advance fee scheme in which a letter, e-mail, or fax is received by the potential victim. The communication from individuals representing themselves as Nigerian or foreign government officials offers the recipient the “opportunity” to share in a percentage of millions of dollars, soliciting for help in placing large sums of money in overseas bank accounts. Payment of taxes, bribes to government officials, and legal fees are often described in great detail with the promise that all expenses will be reimbursed as soon as the funds are out of the country. The recipient is encouraged to send information to the author, such as blank letterhead stationery, bank name and account numbers, and other identifying information using a facsimile number provided in the letter. The scheme relies on convincing a willing victim to send money to the author of the letter in several installments of increasing amounts for a variety of reasons.

Phishing/spoofing: Phishing and spoofing are somewhat synonymous in that they refer to forged or faked electronic documents. Spoofing generally refers to the dissemination of e-mail that is forged to appear as though it was sent by someone other than the actual source. Phishing, often utilized in conjunction with a spoofed e-mail, is the act of sending an e-mail falsely claiming to be an established legitimate business in an attempt to dupe the unsuspecting recipient into divulging personal, sensitive information such as passwords, credit card numbers, and bank account information after directing the user to visit a specified website. The website, however, is not genuine and was set up only as an attempt to steal the user’s information.

Ponzi/pyramid: Ponzi or pyramid schemes are investment scams in which investors are promised abnormally high profits on their investments. No investment is actually made. Early investors are paid returns with the investment money received from the later investors. The system usually collapses. The later investors do not receive dividends and lose their initial investment.

Reshipping: The “reshipping” scheme requires individuals in the United States, who sometimes are coconspirators and other times are unwitting accomplices, to receive packages at their

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residence and subsequently repackage the merchandise for shipment, usually abroad.

“Reshippers” are being recruited in various ways, but the most prevalent are through employment offers and conversing with, and later befriending, unsuspecting victims through Internet Relay Chat Rooms. Unknown subjects post help-wanted advertisements at popular Internet job search sites, and respondents quickly reply to the online advertisement. As part of the application process, the prospective employee is required to complete an employment application in which he or she divulges sensitive personal information, such as date of birth and social security number which, unbeknownst to the victim employee, will be used to obtain credit in his or her name. The applicant is informed he or she has been hired and will be responsible for forwarding, or “reshipping,” merchandise purchased in the United States to the company’s overseas home office. The packages quickly begin to arrive and, as instructed, the employee dutifully forwards the packages to their overseas destination. Unbeknownst to the “reshipper,” the recently received merchandise was purchased with fraudulent credit cards.

Spam: With improved technology and worldwide Internet access, spam, or unsolicited bulk email, is now a widely used medium for committing traditional white collar crimes, including financial institution fraud, credit card fraud, and identity theft. Spam can also act as the vehicle for accessing computers and servers without authorization and transmitting viruses and botnets.

The subjects masterminding this spam often provide hosting services and sell open proxy information, credit card information, and e-mail lists illegally.

Third-party receiver of funds: In this scheme, the subject, usually foreign, posts work-at-home job offers on popular Internet employment sites, soliciting for assistance from United States citizens. The subject allegedly is posting Internet auctions but cannot receive the proceeds from these auctions directly because his or her location outside the United States makes receiving these funds difficult. The subjects ask a United States citizen to act as a third-party receiver of funds from victims who have purchased products from the subject via the Internet. The United States citizen, receiving the funds from the victims, then wires the money to the subject.

78) Short Answer

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Answers can include any four of the following: Coders or programmers write the malware, exploits, and other tools necessary to commit the crime. Contrary to popular belief, coders are not protected by the First Amendment when they knowingly take part in a criminal enterprise—they go to jail just like the rest of the enterprise.

Distributors or vendors trade and sell stolen data, and act as vouchers of the goods provided by the other specialties.

Techies maintain the criminal infrastructure, including servers, bulletproof Internet Service Providers (ISPs), and encryption, and often have knowledge of common database languages and SQL servers.

Hackers search for and exploit application, system, and network vulnerabilities to gain administrator or payroll access.

Fraudsters create and deploy social engineering schemes, including phishing, spamming, and domain squatting.

Hosters provide “safe” hosting of illicit content servers and sites, often through elaborate botnet and proxy networks.

Cashers control drop accounts and provide those names and accounts to other criminals for a fee, and also typically control full rings of money mules.

Money mules are divided into three types. First are “one and done mules”—people who get tricked by social engineering schemes to send money. Second are “career money mules,” who make a living, or at least a substantial amount of fun money, by completing money transfers or wire transfers between bank accounts. Third are “premier mules,” who are the top of the money mule world. These individuals are actually sent to the United States, often on work or student visas, with the purpose of moving money for criminals.

Tellers help with transferring and laundering illicit proceeds through digital currency services and between different world currencies.

Leaders include many of whom don’t have any technical skills at all. They are the “peoplepeople.” They choose the targets; choose the people they want to work each role; decide who does what, when, and where. They take care of personnel and payment issues.

79) Short Answer

Answers will vary, but students should identify a legalistic style under James Q. Wilson, enforcer under John Broderick and enforcer under Muir's styles. They should address the citizen perception of this style in possibly generating negative as well as positive perceptions of the police.

80) Short Answer

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Answers will vary, but students should identify the initial response is that of a patrol function whereby the individuals, if still present, will be confronted and questioned as to their activities. If patrol ascertains that the individuals are in fact trying to break into the home, the student should recognize that a detective will conduct a further investigation and collect evidence. If in fact one of the suspects cut his or her hand on the broken glass, the investigation will include collection of the blood to compare for DNA of the suspect.

81) Short Answer

Crop eradication is a tactic employed by federal, state, and local law enforcement agencies.

However, the only crop targeted by local police agencies is cannabis (marijuana) because it is the only major illegal drug grown in the United States. Because cannabis eradication intervenes at the beginning of the trafficking process, in theory it should have the greatest potential for eliminating or at least significantly reducing marijuana availability and use. In practice, however, a number of problems reduce the effectiveness of the eradication strategy. First, large quantities of marijuana are generally grown in remote, largely inaccessible areas. This makes locating and destroying crops by hand difficult, time-consuming, labor-intensive, and dangerous. Second, spraying crops with chemicals can be hazardous to people, water supplies, animals, and vegetation. Third, even when crop eradication is successful in one area, a new crop can easily be grown in another area. The huge profits that can be made from a marijuana crop create a powerful incentive not to be deterred by eradication efforts.

82) Short Answer

Police agencies retain detectives and plainclothes investigators for a number of reasons: 1) Detectives have interrogation and case-presentation skills that assist in prosecution.

2) Technical knowledge, such as knowing about burglary tools, does help in some investigations and prosecutions.

3) Law enforcement executives can assign detectives to a major, high-profile case to demonstrate to the public that they are committing resources to the matter.

83) Short Answer

The FBI defines terrorism as the systematic use of terror or unpredictable violence against governments, publics, or individuals to attain a political objective.

The FBI divides terrorism into two broad categories. Domestic terrorism is perpetrated by individuals and/or groups inspired by or associated with primarily U.S.-based movements that espouse extremist ideologies of a political, religious, social, racial, or environmental nature.

International terrorism is perpetrated by individuals and/or groups inspired by or associated with designated foreign terrorist organizations or nations (state-sponsored terrorism).

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Student name:__________ 474)

Overall, what percentage of blacks in the U.S. have favorable views of the police?

A) 40% B) 50% C) 65% D) 30%

475)

Which of the following is one of the three I's of police selection?

A) interaction skills B) interest in policing C) imagination D) idealism

476)

Affirmative action programs implemented by police departments to increase minority recruitment frequently face legal challenges from ________.

A) black men B) white men C) women D) Hispanics

477)

Which of the following recruitment programs involves a focus on high school students?

A) Tech prep programs B) Public safety officer programs C) Police cadet programs D) Community service officer programs

478)

The final step in the police selection process, before academy training begins, is usually the ___________.

A) physical ability test B) psychological examination C) medical examination D) oral interview

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479)

Which of the following is an advantage of hiring college-educated police officers?

A) College-educated officers are less likely to leave policing prior to retirement B) College-educated officers are less likely to use discretion C) College-educated officers are less likely to prepare written reports D) College-educated officers are less likely to have citizen complaints

480)

In communities that use a merit system of police employment, which of the following is set by the system?

A) technical preparation criteria B) recruitment criteria C) discipline procedures D) affirmative action programs

481)

Which of the following statements regarding police chiefs is true?

A) A typical police chief rarely serves longer than 10 years.

B) There is often little competition for the job of police chief, due to the difficult nature of the role.

C) The final hiring decision is generally left to other high-ranking officers in the department.

D) Civil service regulations generally encourage police departments to hire outside candidates.

482)

Which of the following statements regarding the selection of sheriffs is true?

A) Most sheriffs are elected rather than appointed B) Like police chiefs, sheriffs are required to be licensed or certified law enforcement officers C) All sheriffs have a law enforcement background D) Sheriffs may have less influence over prosecutors than police chiefs

483)

The movement to limit the discretion of police officers is the result of A) increasingly positive police-community relations.

B) decreasing crime rates.

C) abuses of discretion.

D) the realization that discretion is becoming less important in policing.

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484)

The ability of police officers to exercise individual judgement, rather than formal rules, when making decisions, is known as ________.

A) Full enforcement B) Copicide C) Discretion D) Tech prep

485)

Police officers cannot make an arrest for every violation of law, which means that they _______.

A) have limited discretion B) are unable to provide selective enforcement C) are unable to exercise discretion D) are unable to provide full enforcement

486)

The practice of relying on the judgment of the police leadership and rank-and-file officers to decide which laws to enforce is referred to as A) limited discretion.

B) selective enforcement.

C) high discretion.

D) full enforcement.

487)

In which of the following situations is an officer most likely to handle a minor offense formally?

A) If the victim and alleged offender have a close relationship B) If the officer lacks sufficient evidence to gain a conviction in court C) If the victim is disrespectful or belligerent towards the officer D) If the victim is affluent

488)

In cases involving lesser felonies, misdemeanors, and petty offenses, what are police officers more likely to do?

A) Formally report the crime.

B) Informally handle the crime.

C) Do nothing.

D) Make a physical arrest.

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489)

For a long time, police treated domestic violence calls as a ________.

A) criminal matter B) peacekeeping activity C) routine service call D) serious issue

490)

Which of the following factors has made the police the major responder to domestic violence calls?

A) ongoing police interest B) increasing concern for women's safety C) referrals from other agencies D) the availability of 24-hour service

491)

According to the Minneapolis domestic violence study, what is the most effective way for police to respond to domestic violence?

A) arresting both the perpetrator and the victim B) separating domestic partners C) mediating the dispute D) arresting the perpetrator of the assault

492)

Racial profiling often occurs during ________, where police justify stopping a car because of minor equipment or moving traffic violations that might otherwise be ignored.

A) random patrols B) pretext stops C) full enforcement D) selective enforcement

493)

According to a federal survey, which of the following factors will increase the likelihood that drivers will perceive a traffic stop as legitimate?

A) If the police officer and the driver are of different races B) If the driver had been stopped by the police in the past C) If the police officer gives a reason for the stop D) If the officer videotapes the traffic stop

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494)

_________ is defined as the harmful physical and emotional outcomes that occur when the requirements of a job do not match the capabilities, resources, or needs of an employee.

A) Racial profiling B) Stress management C) Organizational change D) Job stress

495)

The use of excessive force by a police officer violates the _______ Amendment.

A) Fourth B) Fifth C) Sixth D) Eighth

496)

A 2015 report by Amnesty International studying police use of deadly force in the United States: A) The federal government and nine states rely entirely on the Garner decision and departmental policies for the use of deadly force.

B) Only thirteen states have laws that thoroughly comply with the standards set by U.S. constitutional law on police use of deadly force.

C) Some states require that deadly force be used only as a last resort with nonviolent and less harmful means to be tried first.

D) No states allow private citizens to use deadly force if they are carrying out law enforcement activities, such as assisting an officer in making an arrest.

497)

According to the Knapp Commission report on police corruption, which form of misconduct is performed by grass eaters?

A) manufacturing false evidence for a prosecution B) accepting gifts for ignoring violations of the law C) soliciting bribes D) committing burglaries

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498)

The Washington Post study into police use of deadly force in the U.S. in 2015 found that: A) Over half of the killings involved white police officers killing unarmed black men.

B) The majority of people killed by police were racial or ethnic minorities.

C) Most of the people killed by the police were armed, usually with guns.

D) The majority of police departments report fatal shootings to the FBI.

499)

According to the Model Penal Code, when is the use of deadly force justifiable.

A) A person unintentionally provokes police officers.

B) The arrest leading to the use of deadly force is for a misdemeanor.

C) The person effecting the arrest is authorized to act as a peace officer.

D) The actor believed that the crime involved conduct that excluded the threatened use of deadly force.

500)

Which of the following is a measure of coercion beyond what is necessary to control participants in a conflict?

A) deadly force B) job stress C) excessive force D) harassment

501)

Which of the following factors influences the exercise of discretion on the part of police patrol officers?

A) the demeanor of the police officer B) the relationship between the victim and the witness C) socioeconomic status of the police officer D) the legitimacy of the victim

502)

As of November 2014, how many states had laws prohibiting racial profiling by law enforcement officers?

A) 17 states B) 30 states C) 39 states D) 50 states

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503)

Which of the following U.S. Supreme Court decisions severely restricted the police use of deadly force?

A) Furman v. Georgia B) Tennessee v. Garner C) Escobedo v. Illinois D) Woodson v. North Carolina

504)

According to Ellwyn Stoddard's typology of police misconduct, ______ involves accepting free food, drinks, and admission to entertainment.

A) chiseling B) extortion C) bribery D) mooching

505)

________ are officers who actively seek ways to make money illegally while on duty.

A) Meat eaters B) Grass eaters C) Vegans D) Carnivores

506)

When compared to other professions, police generally rank relatively high on honesty and ethical standards. ⊚ true ⊚ false

507)

Affirmative action has been highly successful in increasing the percentage of women in policing. ⊚ true ⊚ false

508)

Shortening the time between application and final selection can be detrimental to attracting and retaining qualified candidates. ⊚ true ⊚ false

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509)

A crucial decision in the police executive selection process is deciding whether to allow people from outside the agency to apply. ⊚ true ⊚ false

510)

Crime victims who are themselves criminals are seen as less legitimate victims by the police. ⊚ true ⊚ false

511)

The Minneapolis study of domestic violence found that mediation was the best way for police to handle these disputes. ⊚ true ⊚ false

512)

One method of controlling the amount of discretion exercised by police officers is close supervision by a police agency's management. ⊚ true ⊚ false

513)

According to Ellwyn Stoddard's typology of police misconduct, chiseling involves taking small inexpensive items from a crime scene or unsecured business or home. ⊚ true ⊚ false

514)

There is no mandatory reporting for pursuit deaths. ⊚ true ⊚ false

515)

Organizational change can reduce the potential for stress in the police work environment. ⊚ true ⊚ false

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516)

Copicide is a form of suicide in which a person gets fatally shot after intentionally provoking police officers. ⊚ true ⊚ false

517)

No issue in policing has caused as much controversy in recent decades as field interrogations. ⊚ true ⊚ false

518)

Deadly force may only be used in cases involving felonies. ⊚ true ⊚ false

519)

In the context of professionalizing law enforcement, the findings of the Christopher Commission, which investigated the assault on Rodney King, confirmed that racist and brutal tactics were never condoned or encouraged by the U.S. police. ⊚ true ⊚ false

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520)

The chief of police has assigned Officer Simpson to assist in the development of a new recruiting process. The chief is very aware of the public's concern over a lack of minority representation on the force. Here are the current figures for population and police:

Population of town: 40 percent Caucasian 30 percent Hispanic 20 percent Asian 10 percent Black Current Police Department 90 percent Caucasian 10 percent Black Additionally, there are no females in the department.

The chief knows that the community college has just graduated a large number of criminal justice students with a diversity composition of: 50 percent Hispanic 30 percent Asian 10 percent Caucasian 10 percent Black The chief wants Officer Simpson's views on how to progress with the recruitment and also reassure the public that the police department will meet the community's needs. Based on your text's discussion of the police and the public, as well as police recruitment and selection, identify three major issues that Jason should present to the chief.

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521)

Explain two of the three police recruiting practices discussed in your text that involve individuals under the age of 21.

522)

List five of the nine psychological qualities that Robert B. Mills states police applicants should possess.

523)

Your textbook lists seven advantages to hiring college-educated police officers. List four of these advantages.

524)

Your text identifies six qualities normally evaluated in the oral interview phase of the police selection process. Name four of these qualities.

525)

Research has shown that a number of significant factors affect discretion. Your textbook lists eight of these factors. Name five of them.

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526)

Your textbook names four conditions that can lead to job stress among police officers.

List these four conditions, and provide an example for each.

527)

At 8 PM, Officer Colbert responds to a noise complaint from neighbors near a local community swimming pool. Though the pool closes at 6 PM, Officer Colbert observes a hole in the fence surrounding the pool and discovers three teenage boys swimming in the pool.

Officer Colbert asks the three boys to get out of the pool and produce identification. They comply and one explains that they entered through the hole in the fence and were just cooling off. Officer Colbert asks dispatch to contact the head of the community association, who confirms that the hole in the fence was already there and should have been patched. The community association leader states that they just want the boys to leave the pool and stay off the property. Officer Colbert's police department has a policy that patrol officers may use their discretion in handling juvenile complaints. Using the qualities of an officer and use of discretion, what are the options available to Officer Colbert?

528)

What are the methods of job stress management and reduction available to police officers?

529)

Discuss the key factors that make the police vulnerable to bribes and other forms of corruption.

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530)

List and describe some ways to control and reduce corruption in policing.

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Answer Key Test name: chapter 7 1) A 2) A 3) B 4) A 5) D 6) D 7) C 8) A 9) A 10) C 11) C 12) D 13) B 14) D 15) B 16) B 17) D 18) D 19) B 20) C 21) D 22) A 23) A 24) B 25) C 26) C 27) C 28) D 29) B 30) B 31) D 32) A 33) TRUE 34) FALSE 35) FALSE 36) TRUE 37) TRUE

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38) FALSE 39) TRUE 40) FALSE 41) TRUE 42) TRUE 43) TRUE 44) FALSE 45) TRUE 46) FALSE 47) Short Answer

Answers will vary, but students should include in their discussion public attitudes toward the police, qualities of a successful police officer, and successful recruiting practices (especially affirmative action). They should also incorporate the statistics provided in the text.

48) Short Answer

Answers should include two of the following: Public safety officers (aka community service officers, public service aides): involves hiring 18year-olds to perform many police service functions but do not have arrest powers. By the time they are 21, the department has had an excellent opportunity to assess their qualifications and potential to be sworn officers.

Police cadet programs: give people between the ages of 18 and 21 a chance to experience the challenges and rewards of a police career. Cadets may work full or part time and are often paid.

These programs are designed to help cadets transition into the position of full-time police officer.

High school tech prep programs: programs in which area community college and high schools team up to offer 6 to 9 hours of college law enforcement courses to students in 11th and 12th grades, as well as one or two training certificates (such as police dispatcher or local corrections officer).

49) Short Answer

Answers can include any five of the following: motivation for a police career; normal selfassertiveness; emotional stability under stress; sensitivity toward minority groups and social deviants; collaborative leadership skills; a mature relationship with social authority; flexibility; integrity and honesty; and an active and outgoing nature.

50) Short Answer

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Answers can include any four of the following: better written reports, enhanced communication with the public, more effective job performance, fewer citizen complaints, wiser use of discretion, heightened sensitivity to racial and ethnic issues, and fewer disciplinary actions.

51) Short Answer

Answers may include any four of the following: appearance, poise, and bearing; ability to communicate orally and organize thoughts; attitude toward law enforcement and the job required of police officers; speech and the ability to articulate; attitude toward drug, narcotic, and alcohol use; and sensitivity to racial and ethnic issues.

52) Short Answer

Answers may include any five of the following: the nature of the crime, departmental policies, the relationship between the victim and the offender, the amount of evidence, the preference of the victim, the demeanor of the suspect, the legitimacy of the victim, and socioeconomic status.

53) Short Answer

Students should name these four conditions, and can use any of the given examples or offer examples of their own.

Design of tasks—heavy lifting, long hours without breaks, and monotonous repetition of dangerous maneuvers Management style—lack of participation by workers in decision making, poor communication, and lack of family-friendly policies Interpersonal relationships—poor social environment and lack of support from coworkers and supervisors Work roles—conflicting or uncertain job expectations, wearing too many hats, and carrying too much responsibility 54) Short Answer

Answers will vary but students should discuss the psychological qualities of an officer and options for how to handle the teens and need for good interaction skills. The officer should note the cooperation of the boys, and the community association's position to just have the boys leave.

The officer can take no action, write up the incident and release the boys to their parents, arrest the boys for trespassing (but because the community association just wants them to leave, students should recognize this would be overzealous), or issue a warning (also a bit harsh given the community association's position).

55) Short Answer

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There are different ways to manage and reduce stress without leaving police work. The "fixes" for stress come in two general categories. Stress management now encompasses a variety of programs and procedures that include discussing stressful events with colleagues and mental health professionals, regular exercise, relaxation techniques such as structured visualization, a healthy diet that also eliminates caffeine and nicotine, enriched family support, religious support, prayer, meditation, and stress management classes that often involve spouses. Organizational change can also reduce the potential for stress in the police work environment. Officers, for example, may be given more discretion in determining their work hours and shifts as long as the police agency is able to respond effectively to the workload requirements of the community.

Flattening the organizational structure can help reduce stress by giving officers more discretion in carrying out the responsibilities of their job. Community policing is an effective paradigm for increasing officers' ability to control their work and perhaps minimize stress. Job redesign can assist in assigning the right number and type of tasks to a police position when one job requires too much of an officer to maintain emotional stability and good health. Finally, excellent public safety equipment can minimize stress. Proper police weaponry, dependable vehicles, and the best of protective equipment such as high-grade body armor not only can protect officers but can also put their minds a little more at ease on those important concerns.

56) Short Answer

The combination of two critical features of the police role in society makes policing susceptible to bribery and other forms of corruption. On the one hand, the police have authority to enforce laws and to use power to make sure that those laws are obeyed. On the other hand, they also have the discretion not to enforce the law. The combination of those two features makes the police vulnerable to bribes and other forms of corruption. Other features of police work add to the potential for corruption: low pay in relation to important responsibilities, cynicism about the courts' soft handling of criminals that the police spend so much time trying to apprehend, society's ambivalence about vice (most citizens want the laws on the books, but many of them are willing participants in vice), and the practice of recruiting officers from working-class and lower-class backgrounds, where skepticism about obeying the law might be more prevalent.

57) Short Answer

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The following list describes some ways to control and reduce corruption in policing.

1) High moral standards: Selecting and maintaining officers with high moral standards is a step in the right direction. Some police agencies in the United States still hire convicted felons to do police work. In-depth academy and in-service training on ethical issues that officers are likely to face would prepare officers for the compromises they may be asked to make later in their careers.

2) Police policies and discipline: A police department should develop rigid policies that cover the wide range of activities that corruption comprises. Drug testing of officers, particularly those in narcotics-sensitive positions, may be necessary although unpopular. Policies mean nothing unless they are enforced. Discipline should be imposed, and prosecutions should go forward when officers are found guilty of violating established policies and laws.

3) Proactive internal affairs unit: The internal affairs investigations unit of a police department should ferret out illegal and unethical activity. Any internal affairs unit that waits for complaints probably is not going to receive many of them. First-line supervisors should know whether their subordinates are engaging in unethical and illegal violations of department rules and state laws.

They should also be held responsible for the actions of their subordinates.

4) Uniform enforcement of the law: If a police agency makes it clear that no group of citizens, no matter what their affiliation with the police department, is going to receive special treatment from the police department, the incentive for offering bribes and other forms of corruption will be minimized. This process starts with clear policies and procedures and must be backed up with discipline, when necessary.

5) Outside review and special prosecutor: Police leadership and police labor associations heavily resist any kind of outside review of their actions. However, both the Christopher Commission and the Knapp Commission are examples of outside reviews that brought about improvements in the agencies they investigated. Special prosecutors are recommended in serious cases to relieve the police and the government of any accusations of a whitewash.

6) Court review and oversight: Criminal prosecutions or civil liability suits deriving from police corruption cases can be very costly to a police agency. Such visible forms of oversight often result in adverse media coverage, civil liability awards, and higher insurance rates—all of which should encourage police agencies to control corruption.

Student name:__________ 531)

A court of ________ jurisdiction has the authority to hear a case when it is first brought to court.

A) original B) general C) special D) appellate

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532)

________ jurisdiction refers to the court's power to hear a particular type of case.

A) Subject matter B) Personal C) Special D) Appellate

533)

In highly controversial cases, all the judges in a circuit may sit together and hear a case in what is known as a(n) A) bench trial.

B) grand jury.

C) en banc hearing.

D) circuit court.

534)

_______ are the federal courts of original jurisdiction.

A) Circuit courts B) District courts C) Intermediate courts D) Magistrate courts

535)

The authority for the federal court system was provided by ________.

A) Congress B) The Judiciary Act of 1789 C) The Bill of Rights of the U.S. Constitution D) Article III, Section 1 of the U.S. Constitution

536)

How does the federal government select district court judges?

A) A committee of sitting federal judges choses new judges B) District court judges are elected C) They are appointed by the U.S. Supreme Court and confirmed by Congress D) They are appointed by the president and confirmed by the Senate

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537)

U.S. Circuit Courts are the ________ for the federal court system.

A) Trial courts B) Courts of last resort C) Administrative courts D) Appellate courts

538)

After the U.S. Supreme Court agrees to hear a case, a writ of _______ is issued to the lower court whose decision is being appealed.

A) venire B) certiorari C) habeas corpus D) nolo contendere

539)

Trial courts of ________ jurisdiction are referred to generally as inferior "trial courts" or simply as "lower courts."

A) special B) general C) personal D) limited

540)

When does a trial de novo occur?

A) When an appellate court agrees to hear a case B) When a new case is brought before the court for the first time C) When a case that is lost on appeal is brought before another court D) When a case is reheard by a trial court of general jurisdiction

541)

Which state courts have authority to try all civil and criminal cases and to also hear appeals from lower courts?

A) Intermediate appellate courts B) Specialty courts C) Trial courts of limited jurisdiction D) Trial courts of general jurisdiction

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542)

Which of the following was the first type of "problem-solving" court?

A) drug court B) mental health court C) child-support court D) domestic-violence court

543)

Which of the following is a requirement for participants to ensure the most effective drug court program?

A) at least four judicial status hearings per month B) at least one cardiac function test per year C) at least one clinical case management session per week D) a minimum of 10 days of formal drug-abuse treatment sessions

544)

Which of the following statements is true about active drug court participants?

A) They are more likely to relapse to drug use, and use drugs significantly more often than they did before participating in the program.

B) They are more likely to reap psychosocial benefits unrelated to drug use or criminal behavior.

C) They are more likely to commit self-acknowledged criminal acts.

D) They are more likely to be arrested for substantial amounts of time after completing the program.

545)

Drug courts have been found to be cost effective. For every $1 invested in drug courts, how much have local communities been estimated to realize in net economic benefits?

A) $2 B) $4 C) $6 D) $10

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546)

According to research, more than 1 in ________ prisoners in the United States have a serious mental illness. Which of the following best describes general deterrence?

A) Using treatment to correct the personality and behavior of convicted offenders and return them to society as law-abiding citizens B) Imposing a penalty for criminal wrongdoing C) Attempting to prevent people in general from committing crime by punishing specific individuals and making examples of them D) Removing or restricting the freedom of criminal offender

547)

Which of the following refers to the attempt to use treatment to return convicted offenders to society as law-abiding citizens?

A) general deterrence B) punishment C) rehabilitation D) incapacitation

548)

The most powerful actor in the administration of justice is ________.

A) the defense attorney B) the prosecutor C) the judge D) the defendant

549)

About what percentage of all convictions in felony cases are the result of guilty pleas?

A) 15 percent B) 35 percent C) 65 percent D) 95 percent

550)

The ________ is a community's chief law enforcement official and is responsible primarily for the protection of society.

A) prosecutor B) public defender C) judge D) sheriff

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551)

In the context of the key actors in the U.S. court process, identify a true statement about prosecutors.

A) They are not required to prosecute a person for all the charges that evidence will support.

B) They are not involved in deciding whether there is enough evidence to support a conviction.

C) They have reviewable discretion in deciding whether to charge a person with a crime.

D) They formally charge a person in all felony arrests in most U.S. cities.

552)

When prosecutors elect not to prosecute, they enter a A) writ of certiorari.

B) writ of habeas corpus.

C) trial de novo.

D) notation of nolle prosequi.

553)

Which of the following mandates that a prosecutor provide defense counsel with any exculpatory evidence in the prosecutor's possession?

A) a writ of habeas corpus B) a plea-bargaining process C) the rules of discovery D) an insanity defense

554)

The role of defense lawyers is to A) mislead the court by providing false information if necessary, to obtain a finding of not guilty.

B) decide their clients' guilt or innocence.

C) use perjured testimony to ensure their clients are found not guilty.

D) provide the best possible legal counsel and advocacy within the legal and ethical limits of the profession.

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555)

Prosecutors have ________ discretion in deciding whether to charge a person with a crime and whether to prosecute the case.

A) limited B) formal C) unreviewable D) informal

556)

The right to the effective assistance of counsel is provided by the ______ Amendment to the U.S. Constitution.

A) Eighth B) Sixth C) Fourth D) First

557)

At the state and county level, approximately what percentage of criminal defendants cannot afford to hire an attorney?

A) 50 percent B) 80 percent C) 25 percent D) 65 percent

558)

Public defenders commonly spend ________ with their clients.

A) 5 to 10 minutes B) 2 to 3 hours C) 5 to 7 hours D) one or two 8-hour days

559)

_______ are paid a fixed salary by the government to provide indigent defense.

A) Contract lawyers B) Public defenders C) Court-appointed lawyers D) Pro bono attorneys

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560)

Which of the following is a judicial selection process in which the governor appoints judges from a list of qualified lawyers compiled by a nonpartisan nominating commission composed of both lawyers and other citizens?

A) merit selection B) gubernatorial appointment C) legislative election D) partisan election

561)

What is the Missouri Plan?

A) A proposal for jury reform B) A plan to increase judicial efficiency and effectiveness C) A merit-based method of selecting judges D) A plan to designed to increase the effectiveness of indigent defense

562)

Which of the following is a trend in indigent defense systems?

A) appointment of a total of 10 public defenders B) lower levels of centralized control C) reduced state funding D) establishment of state oversight bodies

563)

Identify a true statement about the Sixth Amendment right to counsel.

A) It can be extended only to representation at trial.

B) It can be exercised by defendants during custodial interrogations.

C) It cannot be extended to juveniles in juvenile court proceedings.

D) It cannot be waived by a defendant in order to appear on his or her own behalf.

564)

Typically, for every 1,000 felonies committed in the U.S., approximately ______ offenders are incarcerated.

A) 500 B) 125 C) 75 D) 30

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565)

In U.S. states that do not use grand juries, the alternative is to A) opt for a hung jury.

B) draft an information.

C) draft a subpoena.

D) encourage the use of plea bargaining.

566)

After suspects officially become defendants, they are brought before a lower-court judge

for A) B) C) D)

an arraignment. plea bargaining. an initial appearance. a preliminary hearing.

567)

The Supreme Court has ruled that anyone arrested without a warrant may be held no longer than ________ before a judge decides whether the arrest was justified.

A) 24 hours B) 48 hours C) 72 hours D) 96 hours

568)

The most important factor for a judge to consider when determining the amount of bail is A) The likelihood that the defendant will appear in court as required B) The defendant's ability to pay the amount of bail being set C) The seriousness of the crime committed D) The risk to the victim if the defendant is released prior to trial

569)

Holding suspects or defendants in jail without giving them an opportunity to post bail because of the threat they pose to society is called A) general deterrence.

B) indictment.

C) capias.

D) preventive detention.

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570)

Which of the following is simply a release secured by a suspect's written promise to appear in court?

A) conditional release B) release on own recognizance (ROR) C) bail bond D) a bench warrant

571)

When defendants plead nolo contendere, they A) do not admit guilt and are not willing to accept punishment.

B) do not admit guilt but are willing to accept punishment.

C) admit guilt and are willing to accept punishment.

D) admit guilt but are not willing to accept punishment.

572)

One of the main purposes of the arraignment is to A) allow defendants to enter a plea B) allow defendants to request bail and avoid pretrial detention C) inform defendants of the charges against them D) collect additional information for the grand jury to consider

573)

Which off the following types of criminal defendant is not well-served by the practice of plea bargaining?

A) First-time felons B) Habitual offenders C) Indigent but guilty offenders D) Upper-class offenders

574)

Approximately what percentage of felony cases are handled each year by plea bargaining instead of going to trial?

A) 25 percent B) 50 percent C) 75 percent D) 95 percent

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575)

As of January 2015, how many states had "three strikes and you're out" laws on their books?

A) 4 B) 15 C) 28 D) 50

576)

Which of the following activities occurs prior to the formal start of a criminal trial?

A) Deliberations B) Rebuttal C) Jury instructions D) Discovery

577)

The primary purpose of the preliminary hearing is to A) determine if there is probable cause to support the charges imposed by the prosecutor.

B) allow defendants to enter a plea.

C) ensure that defendants will appear in court when required.

D) determine whether bail should be set or if preventive detention is necessary.

578)

The U.S. Supreme Court has forbidden the use of peremptory challenges to exclude potential jurors solely on account of their ________.

A) age B) educational qualification C) gender D) economic status

579)

What is a voir dire?

A) The process of determining the court with the appropriate jurisdiction to try a specific case B) The process of screening out potential jurors who might be biased C) A formal plea bargain agreement D) A method of ensuring indigent defendants are released while awaiting trial

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580)

What standard of proof is necessary to find a defendant guilty as charged?

A) probable cause B) preponderance of the evidence C) clear and convincing evidence D) beyond a reasonable doubt

581)

Identify a true statement about a venire.

A) Lawyers are always included in the venire as their profession is connected to the criminal justice process.

B) Convicted felons are excluded from the venire under all circumstances.

C) All jurors summoned actively serve on the venire.

D) Jurors chosen for the venire are summoned for service by a sheriff.

582)

What is the result if, after serious deliberation, even one juror cannot agree with the others on a verdict?

A) a hung jury B) dismissal of the juror that cannot agree C) conviction D) exoneration

583)

Which of the following is true of inquisitorial trial systems?

A) Judges are given very limited discretion B) Victims are not parties to the proceedings C) They use elaborate rules of evidence D) Witnesses and defendants are examined by judges

584)

Unlike inquisitorial trial systems, adversarial trial systems A) allow victims to be parties to the proceedings.

B) fully disclose the defense's case prior to trial.

C) employ lay juries.

D) allow hearsay evidence.

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585)

Which of the following countries employs an inquisitorial trial system?

A) Canada B) Mexico C) India D) Australia

586)

Federal district courts have personal jurisdiction in a case if citizens of different states are involved. ⊚ true ⊚ false

587)

The U.S. Supreme Court does not review most of the cases that are appealed to the Court. ⊚ true ⊚ false

588)

The U.S. Supreme Court is the court of last resort in all questions of federal and state law. ⊚ true ⊚ false

589)

The habeas corpus proceeding is used to determine guilt. ⊚ true ⊚ false

590)

An appeal from a lower court requires a trial de novo in which a trial court of general jurisdiction must rehear the entire case. ⊚ true ⊚ false

591)

One purpose of the courts is to protect individual citizens from arbitrary government action. ⊚ true ⊚ false

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592)

Defendants only have the right to counsel if they need to be represented at trial. ⊚ true ⊚ false

593)

Prosecutors have the authority to choose not to charge someone with a crime, regardless of the amount of incriminating evidence against that individual. ⊚ true ⊚ false

594)

The role of the defense attorney is to decide their client's guilt or innocence. ⊚ true ⊚ false

595)

Contract lawyers are full-time state employees who represent indigent defendants. ⊚ true ⊚ false

596)

The Missouri Plan is a method of selecting judges that uses merit selection. ⊚ true ⊚ false

597)

Most judges learn the intricacies of their profession through professional development training. ⊚ true ⊚ false

598)

If a suspect or defendant has strong ties to the community, the amount of bail is likely to be relatively low. ⊚ true ⊚ false

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599)

Unsecured bond is a form of pretrial release that requires suspects to maintain contact with a pretrial release program. ⊚ true ⊚ false

600)

There is a constitutional basis for plea bargaining. ⊚ true ⊚ false

601)

Most criminal defendants benefit from plea bargaining. ⊚ true ⊚ false

602)

When criminal defense attorneys go to trial, they are frequently unable to recoup all of their expenses. ⊚ true ⊚ false

603)

The pretrial stages have the same names and order in every jurisdiction. ⊚ true ⊚ false

604)

In practice, the grand jury system is criticized for merely providing a rubber stamp for whatever the defense counsel wants to do. ⊚ true ⊚ false

605)

In grand jury states, the case will not necessarily be dropped even if the judge at a preliminary hearing rules that there is insufficient evidence to proceed. ⊚ true ⊚ false

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606)

The adversarial trial system is the most widely used type of trial system in the world. ⊚ true ⊚ false

607)

An adversarial trial system aims to determine the truth about a crime through an open competition between the prosecution and the defense. ⊚ true ⊚ false

608)

In an adversarial trial system, trial judges have a relatively passive role and act as referees, making sure that the defense and prosecution follow the rules and that due process is respected. ⊚ true ⊚ false

609)

During a trial, judges in inquisitorial trial systems have the responsibility of examining defendants and witnesses, while prosecutors and defense attorneys are limited to asking supplementary questions and nominating additional witnesses. ⊚ true ⊚ false

610)

In adversarial trial systems, judges determine the witnesses, including expert witnesses, who will testify, which eliminates "witness coaching" and notorious "battles of the experts" that occur in inquisitorial trial systems. ⊚ true ⊚ false

611)

In inquisitorial trial systems, no inference of guilt can legitimately be made from a defendant's refusal to testify, unlike in adversarial trial systems where guilt can legitimately be inferred by a defendant's silence. ⊚ true ⊚ false

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612)

In inquisitorial systems, judges seldom rely on previous cases in pronouncing judgment. ⊚ true ⊚ false

613)

The contemporary trend in the U.S. trial system seems to be a combination of elements of both adversarial and inquisitorial systems. ⊚ true ⊚ false

614)

Inquisitorial trial systems seem more interested in legal guilt, while adversarial trial systems appear more interested in factual guilt. ⊚ true ⊚ false

615)

In inquisitorial trial systems, a combination of lay and professional judges decides serious cases; professional judges, alone, decide less serious cases. ⊚ true ⊚ false

616)

The decision-making process in the adversarial system generally is shrouded in secrecy, while the decision-making process in the inquisitorial system is more transparent. ⊚ true ⊚ false

617)

Both adversarial and inquisitorial trial systems are governed by elaborate rules of evidence. ⊚ true ⊚ false

618)

In adversarial trial systems, victims are parties to the proceedings. ⊚ true ⊚ false

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619)

Trial by jury is a Sixth Amendment right. ⊚ true ⊚ false

620)

The venire is the process of selecting the final jury for a trial. ⊚ true ⊚ false

621)

Attorneys may use peremptory challenges to exclude potential jurors on the basis of race or gender. ⊚ true ⊚ false

622)

In most states, the prosecutor presents the state's case first, before the defendant's case is presented. ⊚ true ⊚ false

623)

In cases resulting in a hung jury, the judge will order a retrial. ⊚ true ⊚ false

624)

Your text outlines ten purposes of courts. State five of them.

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625)

List the three conditions that must be met before prosecutors may charge an offender with a crime and prosecute the case.

626)

Your textbook names and defines six types of court jurisdiction. Name and define four of them.

627)

Identify the four levels of state courts discussed in your textbook.

628)

Briefly explain the purpose of the U.S. circuit court of appeals.

629)

List and explain the main methods for providing legal services to indigent defendants.

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630)

Identify the seven stages of a criminal trial.

631)

Explain the use of peremptory challenges as a method to eliminate potential jurors from jury service.

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Answer Key Test name: chapter 8 1) A 2) A 3) C 4) B 5) D 6) D 7) D 8) B 9) D 10) D 11) D 12) A 13) C 14) B 15) A 16) C 17) C 18) B 19) D 20) A 21) A 22) D 23) C 24) D 25) C 26) B 27) B 28) A 29) B 30) A 31) C 32) D 33) B 34) D 35) B 36) C 37) B

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38) A 39) D 40) B 41) B 42) A 43) B 44) D 45) C 46) D 47) A 48) C 49) B 50) D 51) D 52) A 53) D 54) C 55) B 56) TRUE 57) TRUE 58) FALSE 59) FALSE 60) TRUE 61) TRUE 62) FALSE 63) TRUE 64) FALSE 65) FALSE 66) TRUE 67) FALSE 68) TRUE 69) FALSE 70) FALSE 71) TRUE 72) TRUE 73) FALSE 74) FALSE 75) TRUE 76) FALSE 77) TRUE

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78) TRUE 79) TRUE 80) FALSE 81) FALSE 82) TRUE 83) TRUE 84) FALSE 85) TRUE 86) TRUE 87) FALSE 88) FALSE 89) TRUE 90) FALSE 91) FALSE 92) TRUE 93) FALSE 94) Short Answer

Answers may include any five of the following: To do justice To appear to do justice To provide a forum where disputes between people can be resolved justly and peacefully To censure wrongdoing Incapacitation, or the removal or restriction of the freedom of those found to have violated criminal laws Punishment, or the imposition of a penalty for criminal wrongdoing Rehabilitation, or the attempt to "correct" the personality and behavior of convicted offenders through educational, vocational, or therapeutic treatment and to return them to society as lawabiding citizens General deterrence, or the attempt to prevent people in general from engaging in crime by punishing specific individuals and making examples of them To determine legal status To protect individual citizens against arbitrary government action 95) Short Answer

1. They find that a crime has been committed 2. A perpetrator has been identified 3. There is sufficient evidence to support a guilty verdict 96) Short Answer

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Answers may include any four of the following: Original jurisdiction: the authority of a court to hear a case when it is first brought to court.

Appellate jurisdiction: the power of a court to review a case for errors of law.

General jurisdiction: the power of a court to hear any type of case.

Special jurisdiction: the power of a court to hear only certain types of cases.

Subject matter jurisdiction: The power of a court to hear a particular type of case.

Personal jurisdiction: the court's authority over the parties to a lawsuit.

97) Short Answer

The four levels of state courts are trial courts of limited jurisdiction, trial courts of general jurisdiction, intermediate appellate courts, and state courts of last resort.

98) Short Answer

U.S. circuit courts are the intermediate appellate courts of the federal system. Circuit courts were created by Congress in 1891 to reduce the burden on the U.S. Supreme Court. If a case is lost in district court, it may be appealed to a federal circuit court of appeals. Circuit courts have only appellate jurisdiction, and are not trial courts. They may review a case for errors of law, not of fact. Most appeals arise from the decisions of district courts, the U.S. Tax Court, and various territorial courts. Federal courts of appeals also hear appeals of the rulings of regulatory agencies, such as the Federal Trade Commission. An appeal to the U.S. circuit court of appeals is a matter of right—the court cannot refuse to hear the case. However, unless appealed to the Supreme Court, decisions of the courts of appeals are final. Circuit courts do not use juries. In highly controversial cases, all the judges in a circuit may sit together and hear a case. Those en banc hearings are rare; there probably are no more than 100 of them in all circuits in 1 year.

99) Short Answer

Court-appointed lawyers are provided to indigent defendants by the judge. In some jurisdictions, they are volunteers while in others, the judge appoints them from a list of attorneys who are members of the county bar association.

Public defenders are paid a fixed salary by a jurisdiction to defend indigents charged with crimes. They may be assigned to courtrooms rather than to specific clients, and defend all indigent clients who appear in their courtrooms.

In the contract lawyer system, private attorneys, law firms, and bar associations bid for the right to represent the indigent defendants in a jurisdiction.

100)

Short Answer

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(In jury trials) Selection and swearing in of the jury Opening statements by the prosecution and the defense Presentation of the prosecution's case Presentation of the defense's case Rebuttals, cross-examination, and reexamination of witnesses Closing arguments by the defense and the prosecution The judge's instructing, or charging, the jury Deliberation and verdict 101)

Short Answer Peremptory challenges allow either prosecutors or defense attorneys to excuse jurors during the voir dire process without having to provide a reason.

They are frequently used to eliminate jurors whose characteristics place them in a group likely to be unfavorable to the case of either the prosecution or the defense. For example, in death penalty cases, prosecutors often use their peremptory challenges to eliminate people of color and women from the juries, because, statistically, people of color and women are less likely to favor capital punishment. However, prosecutors must be careful in their use of peremptory challenges for such purposes because the Supreme Court has forbidden the use of peremptory challenges to exclude potential jurors solely on account of their race or gender. The number of peremptory challenges is limited by statute.

Student name:__________ 632)

Which of the following was the U.S. Supreme Court's ruling in Payne v. Tennessee in 1991?

A) State death penalty statutes are constitutional even when statistics indicate that they have been applied in racially biased ways.

B) Judges and juries may consider victim-impact statements in their sentencing decisions.

C) New evidence of innocence is no reason for a federal court to order a new state trial in the absence of constitutional grounds.

D) It is cruel and unusual punishment to execute the intellectually challenged.

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633)

________ is defined as the attempt to correct the personality and behavior of convicted offenders through educational, vocational, or therapeutic treatment and to return them to society as law-abiding citizens.

A) Rehabilitation B) Incapacitation C) Deterrence D) Retribution

634)

In the context of the philosophical rationales for the imposition of punishments, identify a true statement about deterrence.

A) Cesare Beccaria and other classical theorists believed that retribution rather than deterrence is the only legitimate purpose for punishment.

B) An advantage of general deterrence as a rationale for punishment is that social science is able to measure its effects.

C) Specific deterrence is the prevention of people in general from engaging in crime by punishing specific individuals and making examples of them.

D) Special deterrence is the prevention of individuals from committing crime again by punishing them.

635)

Identify a true statement about truth-in-sentencing laws.

A) Most truth-in-sentencing laws fail to target violent offenders.

B) Sentences based on truth-in-sentencing laws are widely different from mandatory minimum sentences.

C) In practice, offenders sentenced under truth-in-sentencing laws rarely serve 85 percent of their sentences.

D) Sentences based on truth-in-sentencing laws were first enacted in the state of Texas in 1974.

636)

When imposing sentences, judges are limited by the U.S. Constitution's ________ prohibition of cruel and unusual punishments.

A) Fifth Amendment B) Sixth Amendment C) Eighth Amendment D) Tenth Amendment

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637)

State and federal legislative bodies enact ________ that specify appropriate punishments for each statutory offense or class of offense.

A) indeterminate sentences B) forms of restitution C) rules of procedure D) penal codes

638)

Which of the following statements is true about determinate sentencing?

A) Determinate sentences are based on the idea that correctional personnel must be given the flexibility necessary to successfully treat offenders.

B) Judges in states that have indeterminate sentencing statutes generally have more discretion in sentencing than judges in states with determinate sentencing laws.

C) Determinate sentencing holds that the time needed for correcting different offenders varies greatly and that a range in sentence length provides a better opportunity to achieve successful rehabilitation.

D) In determinate sentencing, prisoners are unaware of their release dates.

639)

In ___________, judges may choose between imposing a sentence of probation or imprisonment, but do not have very much discretion in setting the length of a prison sentence.

A) mandatory sentencing B) indeterminate sentencing C) flat-time sentencing D) presumptive sentencing

640)

In sentencing, what is "dead time"?

A) jail time not deducted from a sentence B) the time between sentencing and execution C) the time between conviction and sentencing D) the time of execution

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641)

A(n) ________ sentence has a fixed minimum and maximum term of incarceration rather than a set period.

A) determinate B) presumptive C) indeterminate D) flat-time

642)

Truth-in-sentencing laws require offenders to serve a substantial portion of their prison sentence, usually ________ of it.

A) 50 percent B) 65 percent C) 85 percent D) 100 percent

643)

Presumptive sentences may be based on sentencing guidelines developed by sentencing commissions comprised of ________.

A) private citizens, including victims B) legislators C) both criminal justice professionals and private citizens D) police and court personnel

644)

In ________, the legislature determines a sentence range for each crime, which is usually based on the seriousness of the crime and the criminal history of the offender.

A) determinate sentencing B) presumptive sentencing C) indeterminate sentencing D) flat-time sentencing

645)

Historically, ________ was the dominant justification for punishment.

A) retribution B) restoration C) rehabilitation D) deterrence

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646)

Which of the following focuses on the attempt to return victims, as much as possible, to their previous state and to make them "whole" again?

A) retribution B) restoration C) rehabilitation D) deterrence

647)

In which case did the U.S. Supreme Court rule that judges and juries may consider victim-impact statements in sentencing decisions?

A) In re Kemmler B) Furman v. Georgia C) Payne v. Tennessee D) Herrera v. Collins

648)

According to your textbook, one problem with restitution is that most offenders: A) consider restitution to be unfair and refuse to provide it.

B) provide restitution, but usually the wrong kind.

C) arrange for others to assume the burden of restitution for them.

D) lack the financial means and the abilities to provide adequate restitution.

649)

Generally, a presentence investigation report (PSI) is prepared by a ________.

A) defendant B) prosecutor C) judge D) probation officer

650)

In which death penalty case did the U.S. Supreme Court rule that, absent constitutional grounds, new evidence of innocence is no reason for a federal court to order a new state trial?

A) Ford v. Wainwright B) Kennedy v. Louisiana C) Herrera v. Collins D) Roper v. Simmons

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651)

Nearly ________ of state trial court decisions are affirmed on appeal.

A) 80 percent B) 60 percent C) 40 percent D) 20 percent

652)

Which of the following occurred between 1968 and 1972?

A) Only five death row inmates were executed.

B) No one was sentenced to death.

C) A series of lawsuits challenged various aspects of capital punishment.

D) The use of hanging as a method of execution was found to be cruel and unusual punishment.

653)

Reductions in sentences for death row inmates, which are granted by a state's governor, are called ________.

A) appellate reviews B) habeas corpus petitions C) commutations D) proportionality reviews

654)

Which of the following reforms to death penalty statutes that was approved by the U.S. Supreme Court in the case of Gregg v. Georgia?

A) The use of bifurcated trials B) The use of mandatory statutes that automatically impose death sentences for predefined capital crimes C) Optional appellate review of all death sentences D) The elimination of judicial discretion in capital cases

655)

In __________, an appellate court compares the sentence in the case being reviewed with penalties imposed in similar cases in the state, to reduce disparity in death penalty sentencing.

A) structured discretion B) mandatory appellate review C) proportionality review D) commutations

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656)

The federal government's Crime Victims Fund receives its funding from which of the following sources?

A) annual congressional appropriations B) fees for federal gun registration C) fines and penalties paid by federal criminal offenders D) fees paid by crime victims

657)

Which of the following is an example of a restorative practice?

A) Deterrence B) Incapacitation C) Retribution D) Community service

658)

With respect to criminal punishment, what is the purpose of incapacitation?

A) It makes offenders repay society for the offense they committed B) It attempts to return offenders to society as law-abiding citizens C) It prevents individuals from committing crimes again by punishing them D) It makes it impossible for offenders to commit crimes during the period of incapacitation

659)

Despite the availability of court-ordered restitution, nearly half of all crime victims are not awarded any sort of restitution. What is the most common reason for this?

A) The offender chooses not to pay restitution B) The defense attorney opposes the imposition of restitution at sentencing C) The judge chooses not to award restitution D) The victim does not request restitution

660)

Which of the following is one of the three landmark cases in which the Supreme Court set aside death sentences for the first time in its history?

A) Roper v. Simmons B) Powell v. Alabama C) Furman v. Georgia D) Gregg v. Georgia

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661)

Which of the following is one of the three landmark cases in which the Supreme Court reinstated the death penalty by approving guided-discretion statutes?

A) Roper v. Simmons B) Powell v. Alabama C) Furman v. Georgia D) Gregg v. Georgia

662)

According to your textbook, since 1977, over 75% of the victims of executed defendants have been ________.

A) Native American B) Latino/a C) black D) white

663)

As of June 5, 2019, how many jurisdictions in the United States have capital punishment statutes?

A) 19 B) 26 C) 31 D) 42

664)

Which of the following best describes the structured discretion death penalty statute used in Texas?

A) For death to be considered as a penalty for murder, at least one aggravating factor must be found and must outweigh any mitigating factors B) For a jury to be permitted to recommend a sentence of death, it must find at least one statutory aggravating factor to be present C) For a defendant to be convicted of capital murder, the state must prove beyond a reasonable doubt that the defendant committed murder and that one of the statutorilylisted aggravating circumstances were present D) For a defendant to be convicted of capital murder, the court must show that no mitigating or extenuating circumstances are present that could reduce the degree of blameworthiness of the defendant

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665)

During a sentencing hearing, the convicted defendant may address the court prior to sentencing. This procedure is known as _______.

A) bifurcation B) allocution C) commutation D) just deserts

666)

What is the purpose of the presentence investigation report?

A) To assist the jury in determining guilt or innocence B) To ensure the defendant receives his or her legal right to allocution C) To determine whether a pardon is appropriate D) To help the judge determine the appropriate sentence

667)

When defendants appeal their convictions, which of the following statements is true?

A) Defendants may present new evidence or testimony on appeal that they had originally chosen not to introduce at trial B) Defendants may appeal their convictions on either legal or constitutional grounds C) The presumption of innocence applies during the appellate process D) The burden of proof is on the prosecution

668)

According to Amnesty International, which of the following countries conducted the most executions in 2018?

A) China B) Iran C) Saudi Arabia D) the United States

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669)

In Lockett v. Ohio, 1978, the Supreme Court ruled that: A) rape of an adult female when the victim is not killed, kidnapping when the victim is not killed, and armed robbery do not warrant death.

B) victim-impact statements are irrelevant and potentially inflammatory and should not be allowed.

C) juries and not judges alone must determine whether death is the appropriate penalty in a capital case.

D) judges and juries must consider any mitigating circumstance offered by the defense, whether it is listed in statute or not.

670)

For most offenses, a majority of defendants are sentenced either on the day of conviction or the next day. ⊚ true ⊚ false

671)

Mandatory sentencing usually allows release on parole but does not allow credit for good time. ⊚ true ⊚ false

672)

Today's state legislatures are increasingly replacing determinate sentences with indeterminate ones. ⊚ true ⊚ false

673)

Studies show that most judges do not follow the sentencing recommendations in presentence investigation reports (PSIs), although they are required to do so. ⊚ true ⊚ false

674)

Generally, with presumptive sentencing, credit is not given for good time, but there is an opportunity for parole. ⊚ true ⊚ false

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675)

A sentence of 10 to 20 years in prison is an example of a determinate sentence. ⊚ true ⊚ false

676)

Capital punishment is the ultimate means of incapacitation. ⊚ true ⊚ false

677)

Judges almost always impose the sentence agreed upon during plea negotiations, because if they did not, plea bargaining would not work. ⊚ true ⊚ false

678)

Defendants are entitled to present new evidence or testimony on appeal if that evidence or testimony could have been (but was not) presented at trial. ⊚ true ⊚ false

679)

As a result of the Supreme Court's ruling in Furman v. Georgia, the death penalty laws of the majority of states in the U.S. were voided. ⊚ true ⊚ false

680)

Mitigating factors are circumstances that make a crime worse than it otherwise would be. ⊚ true ⊚ false

681)

In an appellate review, the appellate court compares the sentence in the case it is reviewing with penalties imposed in similar cases in the state. ⊚ true ⊚ false

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682)

According to your textbook, a majority of all people executed since 1977 have been black. ⊚ true ⊚ false

683)

Capital defendants have a dual system of collateral review. ⊚ true ⊚ false

684)

The Antiterrorism and Effective Death Penalty Act of 1996 requires that second or subsequent habeas petitions be dismissed when the claim had already been made in a previous petition. ⊚ true ⊚ false

685)

A writ of habeas corpus is a court order directing a law officer to produce a prisoner in court to determine whether the prisoner is being legally detained or imprisoned. ⊚ true ⊚ false

686)

The object of proportionality review is to reduce, as much as possible, disparity in death penalty sentencing. ⊚ true ⊚ false

687)

In Woodson v. North Carolina and Roberts v. Louisiana, the Supreme Court upheld mandatory statutes that automatically imposed death sentences for defined capital offenses. ⊚ true ⊚ false

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688)

List and define the five major rationales or justifications that have been given for punishments imposed by the criminal courts.

689)

Name the five methods of execution currently available in the United States and the primary method used by all executing jurisdictions.

690)

Name and explain the three procedural reforms approved by the Supreme Court in Gregg v. Georgia for death penalty cases.

691)

Identify four of the reasons given in your textbook for why the death penalty in the United States is a waning institution.

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692)

Judge Reynolds is coming up for re-election in his jurisdiction, and he is facing the case of his career. A serial armed robber, Raymond "The Pastor" Rob, has been convicted of four counts of armed robbery by a jury in Reynolds's courtroom. "The Pastor" earned his nickname because he always dressed as a pastor when entering the banks. His modus operandi consisted of passing the teller a note in his Bible and showing the tip of his gun's barrel under his sleeve in a discreet way. Pastor Rob was finally caught after the fourth bank robbery, when he tripped and dropped his gun while leaving the bank.

During the sentencing hearing, the defense attorney presents the following information about Pastor Rob. Pastor Rob's parents were killed in a car accident when he was a baby and he was raised in a series of foster homes, never having a family to call his own. At age 18, Pastor Rob left the foster care system and soon after began preaching in a church he established. He helped many poor families through charity events held at the church.

However, during the recent recession, he was unable to find the funds to help his parishioners and began robbing banks in a nearby state where people did not know him. He got his gun from a parishioner who had found it in a deceased relative's belongings and had given it to Pastor Rob for safekeeping.

The prosecutor presents information about four more robberies Pastor Rob had planned to commit, the use of a weapon during the crimes, and Pastor Rob's use of clerical clothing and a Bible as a disguise.

Judge Reynolds is also a former foster child, and has great sympathy for Pastor Rob. He has been advised by the corrections department that prison space is limited and should be reserved for murderers and those involved in drug trafficking. His jurisdiction uses indeterminate sentencing, and the punishment for armed robbery is a minimum of 5 years and a maximum of 20 years. The judge has asked you, his law clerk, to provide him with guidance regarding the sentence he should impose on Pastor Rob by researching the sentences imposed in similar jurisdictions for similar crimes. What information are you likely to find?

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Answer Key Test name: chapter 9 1) B 2) A 3) D 4) C 5) C 6) D 7) B 8) C 9) A 10) C 11) C 12) C 13) B 14) A 15) B 16) C 17) D 18) D 19) C 20) A 21) C 22) C 23) A 24) C 25) C 26) D 27) D 28) D 29) C 30) D 31) D 32) C 33) C 34) B 35) D 36) B 37) A

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38) D 39) TRUE 40) FALSE 41) FALSE 42) FALSE 43) FALSE 44) FALSE 45) TRUE 46) TRUE 47) FALSE 48) TRUE 49) FALSE 50) FALSE 51) FALSE 52) TRUE 53) TRUE 54) TRUE 55) TRUE 56) FALSE 57) Short Answer

Retribution is a justification for punishment that implies repayment for an offense that was committed. It is linked to the desire for revenge and the concept of just deserts.

Incapacitation involves removing or restricting the freedom of those found to have violated criminal laws. It is currently achieved primarily through imprisonment.

Deterrence involves the use of punishment to prevent crime. There are two types. Specific deterrence prevents individuals from committing more crime by punishing them. General deterrence prevents people in general from engaging in crime by punishing specific individuals and making examples of them.

Rehabilitation is the attempt to correct the personality and behavior of convicted offenders through educational, vocational, or therapeutic treatment and to return them to society as lawabiding citizens.

Restoration involves an attempt to return victims and their survivors to their previous state, as much as is possible, and to make them "whole" again.

58) Short Answer

The five methods currently available are lethal injection, electrocution, lethal gas, hanging, and firing squad. Lethal injection is the primary method used by all executing jurisdictions.

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59) Short Answer

The three procedural reforms were bifurcated trials, guidelines for judges and juries, and automatic appellate review. A bifurcated trial is a two-stage trial—unlike the one-stage trial in other felony cases—consisting of a guilt phase and a separate penalty phase. Judges and juries are provided with guidelines that presumably restrict, but do not eliminate, their sentencing discretion. Specifically, judges and juries, in most states, are provided with lists of aggravating and, at least in some states, mitigating factors. An automatic appellate review is generally conducted by a state's highest appellate court. If either the conviction or the sentence is overturned, the case is sent back to the trial court for additional proceedings or for retrial. It is possible that the death sentence may be reimposed as a result of this process.

60) Short Answer

Answers can include any four of the following: The death penalty today is a criminal sanction that is used more than occasionally in only a few non-Western countries and a few states in the American South.

Public support for the death penalty appears to be dropping.

The American public is expressing greater concern about the way the death penalty is being administered.

Another factor is the positions taken by respected organizations within the United States, such as the American Bar Association (ABA) and organized religions.

Another factor is world opinion. All of the United States' major allies except Japan have abolished the death penalty.

61) Short Answer

Answers will vary, but students should consider mitigating and aggravating factors. The mitigating factors include "The Pastor's" sad childhood, his otherwise noteworthy efforts to assist others through charity events, and his religious vocation. Aggravating factors include the use of a weapon, the victimization of the tellers through fear, and the four counts of the felony. Students should analyze other states' sentencing practices, as well as the criticisms of indeterminate sentencing. The philosophical rationales on which the judge's decision should be based should also be considered. Answers may also include a discussion of truth-in-sentencing, as well as concurrent or consecutive terms. Finally, students should consider whether the judge's desire for re-election may play a role in this case.

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Student name:__________ 693)

Which of the following was a purpose of institutional confinement prior to the 1600s?

A) punish offenders B) rehabilitate criminals C) incapacitate chronic offenders D) detain people awaiting trial

694)

Which of the following was the closest European forerunner of the modern U.S. prison?

A) banishment B) workhouses C) transportation D) capital punishment

695)

The panopticon prison, which was designed to maintain order through architectural design, was developed by A) Graeme Newman.

B) John Howard.

C) Cesare Beccaria.

D) Jeremy Bentham.

696)

Which of the following institutions is commonly regarded as the first state prison of the United States?

A) Walnut Street Jail in Philadelphia B) Auburn Penitentiary in New York C) Eastern State Penitentiary in Philadelphia D) Charlestown State Prison in Massachusetts

697)

__________ was designed for younger, less hardened offenders between 16 and 30 years of age.

A) The penitentiary B) Transportation C) The reformatory D) Banishment

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698)

In the context of John Irwin's typology for summarizing imprisonment, which of the following statements is true about the contemporary violent prison?

A) It emerged as penologists turned to the field of medicine as a model for their work and became the dominant type of prison in the 1950s.

B) It was a walled prison with large cell blocks that contained stacks of three or more tiers of one- or two-man cells.

C) It arose by default as the correctional institution faded and the fairness of coerced prison rehabilitation programming began to be challenged.

D) It included all the treatment-program control mechanisms of the correctional institution.

699)

Most early women's prisons employed _________.

A) a family-style living plan B) solitary confinement C) early-release programs D) a cell-block plan

700)

Which of the following statements is NOT true about big-house prisons?

A) They became warehouses oriented toward custody and repression of inmates.

B) They fell into demise during the 1920s and 1930s.

C) They exploited inmate labor through various links to the free market.

D) They relied exclusively on industrial labor throughout the United States.

701)

Which of the following statements is true about the Pennsylvania system of confinement?

A) It required that inmates work and eat together in silence during the day and be returned to solitary cells for the evening.

B) It required that inmates be kept in solitary cells so that they could study religious writings, reflect on their misdeeds, and perform handicraft work.

C) It prevailed over the New York system of confinement as a model followed by other states.

D) It had a congregate work principle that was more congruent with the system of factory production emerging in wider society than was the separate system.

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702)

The _______ model of corrections emphasized the use of psychological assessment and treatment.

A) reformatory B) medical C) panopticon D) big house

703)

The first maximum security federal prison was A) USP Leavenworth.

B) USP Alcatraz.

C) USP Lewisburg.

D) the Chillicothe Reformatory.

704)

Which of the following statements regarding private correctional facilities is true?

A) Private prisons are held to the same standards of transparency as governmentoperated facilities B) Correctional officers in private prisons receive similar training opportunities as their public counterparts C) Employees in private prisons are at greater risk of inmate violence compared to those working in public prisons D) Currently, about one-third of all incarcerated people are held in private prisons

705)

Which of the following systems of confinement avoided the harmful psychological effects of total solitary confinement and allowed more inmates to be housed in less space because cells could be smaller?

A) the Pennsylvania system B) the separate system C) the snitch system D) the Auburn system

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706)

Which of the following statements defines the term "panopticon"?

A) It is a facility that holds the 400 most predatory convicts in the federal system and uses electronically controlled gates, doors, and television monitors to control security.

B) It is a facility to which newly sentenced offenders are taken so that their security risks and needs can be assessed and they can be assigned to a permanent institution.

C) It is a prison design consisting of a round building with tiers of cells lining the inner circumference and facing a central inspection tower.

D) It is a prison design in which the entire prison is divided into nine units and each unit includes separate sick-call rooms, law libraries, and barber chairs.

707)

In the context of the reformatory movement, identify a true statement about the reformatory.

A) It was based on a military model of regimentation and emphasized academic and vocational training in addition to work.

B) It employed determinate sentences to facilitate greater control over inmates.

C) It denied inmates any opportunity for a parole or an early release even when they showed favorable progress in reformation.

D) It was designed for older, more hardened offenders between 31 and 45 years of age.

708)

In the context of criminologist John Irwin's typology for summarizing imprisonment, which of the following statements is true about the big houses?

A) They were smaller and more modern in appearance than correctional institutions.

B) They arose during the 1940s and became the dominant type of prison in the 1950s.

C) They were old penitentiaries and reformatories expanded in size to accommodate larger inmate populations.

D) They were characterized by a power vacuum that was filled with inmate gang violence and interracial hatred.

709)

Which of the following terms is a theory of institutional corrections, popular during the 1940s and 1950s, in which crime was seen as symptomatic of personal illness in need of treatment?

A) hands-off philosophy B) crisis intervention C) medical model D) radical nonintervention

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710)

Which of the following states incarcerated the most inmates at the end of 2017?

A) Texas B) Louisiana C) Alabama D) Oklahoma

711)

According to James Lynch, why is it misleading to compare rates of incarceration among countries?

A) Because the level of crime in a country affects the rate of incarceration B) Because crime reporting rates vary by country C) Because the use of imprisonment as a punishment is legally mandated in some countries but not in others D) According to James Lynch, international comparisons are not misleading

712)

Which state spent the most on corrections in 2017?

A) Texas B) New York C) Florida D) California

713)

In the context of crowding in American prisons, criminologist Michael Tonry attributes high incarceration rates to ________.

A) strong welfare states B) consensual political cultures C) high levels of income inequality D) professionalized criminal justice systems

714)

When compared with the overall U.S. population, which of the following statements is true of prison inmates in the United States?

A) They are much more likely to be married.

B) They are more likely to be diagnosed with serious psychological distress.

C) They are much more likely to be educated.

D) They are more likely to be older adults, over age 45.

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715)

What is the typical response to high crime and recidivism in the U.S.?

A) To increase the use of imprisonment B) To expand the use of community corrections C) To direct more of the correctional budget to crime prevention programs D) To reduce prison crowding

716)

After offenders are sentenced to the custody of the department of corrections, they are usually first taken to a ________.

A) medium-security prison B) jail C) classification facility D) minimum-security prison

717)

A federal ADX prison is designed to hold A) female offenders.

B) federal offenders awaiting trial.

C) problem inmates.

D) white collar and corporate criminals.

718)

Most jail funding used is used for ____________.

A) accommodations B) services C) educational and treatment programs D) custody and security

719)

The majority of jail inmates are A) unconvicted defendants waiting disposition of their case.

B) juvenile offenders awaiting transfer to juvenile facilities.

C) convicted offenders serving short terms of incarceration.

D) federal offenders who are being housed in the jail because of crowding in the prison facilities.

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720)

Men's prisons are often distinguished from one another by ________.

A) size B) security level C) the era in which they were built D) custody level

721)

Which of the following is a reason for the problems that plague jails?

A) the limited and unstable nature of local taxes to fund and staff jails B) a general lack of public support for jail reform C) rapid rates of inmate turnover, which make it difficult to coordinate programs D) All of the answers are correct.

722)

In which of the following types of jails do correctional officers constantly supervise inmates from secure control booths that overlook inmate living areas?

A) first-generation jails B) second-generation jails C) third-generation jails D) fourth-generation jails

723)

Which of the following statements is true about classification facilities?

A) Classification is generally a one-time process.

B) Classification facilities are used to assign newly sentenced offenders to a temporary correctional institution.

C) Inmates normally stay at classification facilities for about 60 days.

D) Classification centers are the only short-term-stay correctional facilities.

724)

Which of the following has research shown to be an advantage of direct-supervision jails?

A) They provide a less stressful, more positive, and safer environment for inmates and staff.

B) They enhance supervision by reducing the number of unsupervised areas.

C) They reduce inmate violations for contraband possession, destruction of property, escapes, disrespecting officers and staff, suicides, and violence.

D) All of the answers are correct.

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725)

Which of the following best describes third-generation jails?

A) They often resemble early prisons B) There is little direct contact between inmates and correctional officers C) There are no physical barriers between inmates and correctional officers D) Correctional officers use remote surveillance to supervise inmates

726)

Which of the following types of jails is built in a linear design, in which inmates live together in cells, dormitories, or "tanks," and guards at regular intervals walk up and down the corridors or "catwalks" and observe inmates?

A) first-generation jails B) new-generation jails C) third-generation jails D) indirect supervision jails

727)

Which of the following best describes a medium-security state prison?

A) A prison with very tight security, including high walls or razor-wire fencing surrounding the facility B) A prison that uses a combination of cell blocks and dormitory or barracks-type living quarters C) A prison that was constructed following the radial or telephone pole design D) A facility that has no fences surrounding the perimeter

728)

An inmate's _______ level specifies the degree of precaution that needs to be taken when working with that inmate.

A) custody B) security C) classification D) segregation

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729)

A ________ is a very short-term (for instance, 24- to 48-hour) holding facility that is frequently located in or very near an urban police agency so that suspects can be held pending further inquiry into their cases by the police or the court.

A) minimum-security prison B) lockup C) jail D) classification facility

730)

A ________ is a facility that holds convicted offenders and unconvicted persons for relatively short periods.

A) lockup B) jail C) classification facility D) minimum-security prison

731)

Inmates who are vulnerable to assault by other inmates may be designated for ________.

A) administrative segregation B) new-generation jails C) congregate living areas D) protective custody

732)

Most institutions have elaborate ________, in which staff learn from inmate informants about the presence of contraband, the potential for disruptions, and other threats to security.

A) snitch systems B) staff procedures C) conjugal visits D) security procedures

733)

Inmates who represent a danger to staff or to other inmates may be designated for ______.

A) protective custody B) administrative segregation C) conjugal visitation D) congregate living

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734)

Which category of prison inmates is increasing rapidly?

A) white-collar offenders B) elderly inmates C) juvenile inmates D) young adults

735)

Which of the following is true of HIV testing in prison?

A) Testing for HIV is primarily conducted as a part of the discharge process B) The number of states that provide HIV testing if an inmate in custody asks for it is increasing C) Nearly all states today test for HIV at intake D) Inmates are not permitted to opt out of HIV testing

736)

Which of the following Statements regarding inmate labor is true?

A) Most jobs in state and federal prisons today teach inmates marketable skills that inmates can use when they are released.

B) In some states, inmates are not paid for their work in prison.

C) In most states, inmates are considered employees and must receive minimum wage and overtime pay.

D) Nearly all inmates work full-time jobs in prison.

737)

Rather than having inmates attend periodic group sessions (one or two hourly sessions per week), ________ encompasses the total living environment of inmates so that the environment continually encourages positive behavioral change.

A) individual therapy B) crisis intervention C) milieu therapy D) religious counseling

738)

What is a key goal of cognitive behavioral therapy?

A) to teach offenders better problem-solving skills B) to improve institutional control over inmates C) provide crisis intervention services when needed D) to give inmates a way to occupy themselves

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739)

Which of the following principles states that prisoners should receive no service or program superior to the services and programs available to free citizens without charge?

A) the convict-program principle B) the prison-is-for-punishment principle C) the less-eligibility principle D) the no pay, no play principle

740)

Psychologist Ted Palmer has observed that one feature that seems to characterize a program that consistently reduces offender recidivism is ________.

A) the number of staff assigned to the program B) the program's popularity among inmates C) the cost of the program D) the quality of the program's implementation

741)

Long-term incarceration is the modern version of banishment. ⊚ true ⊚ false

742)

Cesare Beccaria believed that punishment should be swift and certain. ⊚ true ⊚ false

743)

Penology is the study of prison management and the treatment of offenders. ⊚ true ⊚ false

744)

Jeremy Bentham's "all-seeing" or "inspection-house" prison design was known as the penitentiary. ⊚ true ⊚ false

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745)

The reformatory was a walled prison with large cell blocks that contained stacks of three or more tiers of one- or two-man cells. ⊚ true ⊚ false

746)

Throughout history, imprisonment has been the primary sentence for lawbreakers, and it still is today. ⊚ true ⊚ false

747)

Determinate sentences facilitate greater control over inmates than indeterminate sentences and the possibility of parole do. ⊚ true ⊚ false

748)

Crowding in workhouses was a major impetus for the development of transportation as a punishment. ⊚ true ⊚ false

749)

The penitentiary concept was first put into wide practice in Europe. ⊚ true ⊚ false

750)

In the convict lease system, counties and states leased thousands of prisoners to private individuals and companies to work in cotton fields, mines, and forests of the Deep South. ⊚ true ⊚ false

751)

President Trump supports the use of private prisons at the federal level. ⊚ true ⊚ false

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752)

Private prisons can be constructed and opened more quickly than public prisons. ⊚ true ⊚ false

753)

Private prisons are required to take all prisoners, even if they are considered to be highrisk. ⊚ true ⊚ false

754)

The increase in prison construction in the U.S. has been able to keep pace with the increase in prison populations. ⊚ true ⊚ false

755)

The incarceration rate of an area is calculated by dividing the number of people incarcerated by the population of the area and multiplying the result by 100,000. ⊚ true ⊚ false

756)

In the case of Brown v. Plata, the U.S. Supreme Court declared that California's prison conditions led to needless suffering and death. ⊚ true ⊚ false

757)

At the federal level, federal prison camps are medium-security facilities. ⊚ true ⊚ false

758)

Classification facilities are used to assess an offender's security risk. ⊚ true ⊚ false

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759)

State prisons are generally distinguished by custody level. ⊚ true ⊚ false

760)

Only a small number of states in the U.S. today operate supermax prisons. ⊚ true ⊚ false

761)

An inmate's custody level indicates the degree of precaution that needs to be taken when working with that inmate. ⊚ true ⊚ false

762)

The majority of jail inmates are convicted felons serving short sentences. ⊚ true ⊚ false

763)

Second-generation jails employ remote surveillance. ⊚ true ⊚ false

764)

In third-generation jails, the pods are interconnected to allow inmates to move between them to participate in various types of programming. ⊚ true ⊚ false

765)

Most prisons permit conjugal visits. ⊚ true ⊚ false

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766)

Inmates perform a large portion of the maintenance and repair work in institutions as part of their job assignments. ⊚ true ⊚ false

767)

Elderly inmates are less expensive to house in correctional facilities compared to younger offenders, because they require fewer rehabilitative services. ⊚ true ⊚ false

768)

In jails, women are more likely than men to be diagnosed with a serious mental disorder. ⊚ true ⊚ false

769)

The majority of prison and jail inmates who are mentally ill receive appropriate treatment while incarcerated. ⊚ true ⊚ false

770)

Define and compare the Pennsylvania system and the Auburn system of confinement.

771)

Explain Cesare Beccaria's views regarding the deterrence of crime.

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772)

List and explain the three types of institutions that dominated twentieth-century corrections, according to John Irwin.

773)

Define super maximum, maximum, medium, and minimum prison security levels.

774)

Your textbook identifies four typical problems of American jails and then identifies four interrelated reasons for those problems. Provide two of each.

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775)

The director of a local jail is creating a facility that will be comprised of the following inmate population:

1,000 adult offenders, including: 890 males: 200 drug trafficking offenders 100 armed robbery offenders 150 sexual offense offenders, of which 25 are sexual pedophile offenders 200 burglary offenders 100 fraud offenders 140 felony assault offenders 110 females: 20 prostitution offenders 10 sexual offense offenders, of which 4 are sexual pedophile offenders 50 fraud offenders 10 burglary offenders 10 felony assault offenders 10 drug trafficking offenders The director has the option of incorporating elements from first-, second-, and thirdgeneration styles within the facility. Using the styles from each generation, what is your recommendation for this jail population?

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Answer Key Test name: chapter 10 1) D 2) B 3) D 4) A 5) C 6) C 7) A 8) D 9) B 10) B 11) B 12) C 13) D 14) C 15) A 16) C 17) C 18) A 19) A 20) D 21) C 22) B 23) A 24) C 25) C 26) D 27) A 28) B 29) D 30) B 31) C 32) D 33) C 34) A 35) B 36) A 37) B

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38) B 39) D 40) A 41) B 42) B 43) C 44) B 45) C 46) A 47) C 48) D 49) TRUE 50) TRUE 51) TRUE 52) FALSE 53) FALSE 54) FALSE 55) FALSE 56) TRUE 57) FALSE 58) TRUE 59) TRUE 60) TRUE 61) FALSE 62) FALSE 63) TRUE 64) TRUE 65) FALSE 66) TRUE 67) FALSE 68) FALSE 69) TRUE 70) FALSE 71) TRUE 72) FALSE 73) FALSE 74) TRUE 75) FALSE 76) TRUE 77) FALSE

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78) Short Answer

The Pennsylvania system (also called the separate system) required that inmates be kept in solitary cells so that they could study religious writings, reflect on their misdeeds, and perform handicraft work. In the Auburn system (named after Auburn Penitentiary, NY), inmates worked and ate together in silence during the day and were returned to solitary cells for the evening. The Auburn system gradually became more popular because the Pennsylvania system of solitary confinement led to a high rate of mental illness and because the Auburn system of prison labor was more profitable.

79) Short Answer

Beccaria argued for replacing the discretionary and arbitrary administration of justice of the time with a system of detailed written laws clearly describing what behaviors constituted crime as well as all associated punishments. Beccaria believed that for the law to deter crime, people need to know exactly what punishments are prescribed for various offenses. He also stated that the punishment must fit the crime in two ways: (1) The severity of punishment should parallel the severity of harm resulting from the crime, and (2) the punishment should be severe enough to outweigh the pleasure obtainable from the crime. Beccaria also believed that punishment needed to be certain and swift to deter crime.

80) Short Answer

The big house was a walled prison with large cell blocks containing three or more tiers of one or two-man cells. Each prison held an average of 2,500 men. Most were built over many decades and had a mixture of old and new cell blocks. They were the older penitentiaries and reformatories expanded in size to accommodate more inmates.

Correctional institutions arose during the 1940s and were the dominant type of prison in the 1950s. They generally were smaller and more modern in appearance than big houses.

Correctional institutions supplemented big houses rather than replacing them. They came out of the medical model of corrections.

The contemporary violent prison arose by default as the correctional institution faded. During this time, many of the treat-ment-program control mechanisms of the correctional institution were eliminated and many of the repressive measures used to control inmates in the big house became illegal after the rise of the inmates' rights movement during the 1960s. Essentially, what emerged in many prisons was a power vacuum that was filled with inmate gang violence and interracial hatred.

81) Short Answer

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Super maximum-security prisons house notorious offenders and problem inmates from other institutions; they utilize total isolation of inmates and constant lockdowns. Maximum-security facilities are characterized by very tight external and internal security. A high wall or razor-wire fencing, with armed-guard towers, electronic detectors, or both, usually surrounds the prison; external armed patrol is also common. Medium-security facilities place fewer restrictions on inmate movement inside the facility. Cell blocks often coexist with dormitory- or barracks-type living quarters, and in some medium-security prisons, cells are relatively few. Minimum-security prisons are smaller and more open. Dorm or barracks living quarters predominate, and often there are no fences.

82) Short Answer

Problems for most American jails include overcrowding, a lack of services and programs for inmates, inadequate staffing, and unsanitary and hazardous living conditions. Some of the interrelated reasons for these problems are the limited and unstable nature of local taxes to fund and staff jails; a general lack of public support for jail reform; rapid rates of inmate turnover, which make it difficult to coordinate programs; and the sheer diversity of the risks and needs of the inmates.

83) Short Answer

Answers will vary, but students should consider a classification of special needs and an eventual placement of the nonviolent offenders (fraud, prostitution, and possibly burglary) in a third generation-type area, while using first- and second-generation-type areas for the remaining offenders. Students should recognize the need to separate the sexual pedophile offenders and the violent (felony assault) offenders—possibly using direct supervision—and obviously, males and females should be separated.

Student name:__________ 776)

__________ is the process by which an inmate becomes socialized into the customs and principles of the inmate society.

A) Restitution B) Allocution C) Prisonization D) Commutation

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777)

The ________ is a theory that states that the inmate society arises as a response to the prison environment and the painful conditions of confinement.

A) deprivation model B) tribunal model C) importation model D) crime control model

778)

The ________ is a set of values, norms, and roles that regulate the way inmates interact with one another and with prison staff.

A) civil code B) convict code C) deprivation model D) importation model

779)

Which of the following characteristics is common in both women's and men's prisons?

A) high levels of violence B) high levels of depersonalization C) high levels of interpersonal conflict D) high levels of interracial tension

780)

The ________ model holds that the inmate society is shaped by factors external to the prison environment—specifically, the preprison experiences and socialization patterns that inmates bring with them when they enter prison.

A) importation B) indigenous origins C) prisonization D) deprivation

781)

The deadliest prison riot in American history occurred in which prison?

A) Pelican Bay Prison in California B) The Attica Correctional Facility in New York C) The federal prison on Alcatraz island in California D) The federal penitentiary in Marion, Illinois

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782)

The ________ is the secret exchange of goods and services among inmates.

A) placing out B) net widening C) tithing system D) sub-rosa economy

783)

Which of the following terms refers to vulnerable prison inmates in the language of prison?

A) stiffs B) gomers C) punks D) schmucks

784)

The most common type of killings in prisons involve A) prison staff killing inmates.

B) inmates killing other inmates.

C) inmates killing prison staff.

D) prison staff killing other staff.

785)

The majority of allegations of sexual victimization in prison involve A) staff sexually victimizing inmates.

B) inmates sexually victimizing staff.

C) inmates sexually victimizing other inmates.

D) staff sexually victimizing other staff.

786)

Which of the following is one of the newest forms of prison contraband?

A) iPads B) sushi C) flat-screen televisions D) cell phones

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787)

In prison, social victimization involves A) inmates being sexually victimized by prison staff.

B) prejudice and discrimination against an inmate due to race, class, age, or other factors.

C) subtle manipulation tactics and mind games.

D) victimization on the sub-rosa economy.

788)

Which of the following best describes the gleaning lifestyle?

A) Inmates are mainly concerned with getting out of prison as quickly as possible B) Inmates are concerned with taking advantage of the resources available in prison to prepare for life after release C) Inmates are mainly concerned with achieving positions of influence in the inmate society D) Inmates want to avoid hard time

789)

Entering the ________ of a prison means finding in the diverse environment of the institution a niche that will accommodate an inmate's unique combination of needs.

A) sub-rosa economy B) private culture C) boys' club D) public domain

790)

Inmates who adopt the ________ lifestyle are primarily concerned with getting out of prison as soon as possible and avoiding hard time in the process.

A) gleaning B) public domain C) jailing D) doing time

791)

Which of the following is a distinguishing feature of the inmate society in many women's prisons?

A) the presence of interpersonal conflict B) the presence of interracial tension C) the presence of pseudofamilies D) an anti-staff mentality

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792)

In women's prisons, the ________ role is occupied by sophisticated professional criminals who try to do easy time by manipulating other inmates and the staff to their own advantage.

A) cool B) right guy C) square D) life

793)

The majority of correctional officers in the U.S. work in ________.

A) federal prisons B) local jails C) state prisons D) lockups

794)

Why do states often find it difficult to impose stricter requirements for individuals applying to be correctional officers?

A) Few candidates would be able to meet these requirements B) Stricter requirements would hamper affirmative action programs C) The requirements proposed by the states are not necessarily those that would produce the best correctional officers D) There is little competition for prison jobs

795)

Which of the following statements is true about correctional officers?

A) They have considerable discretion in discharging their duties within the constraints of rules, regulations, and policies.

B) They represent a minor percentage of staff members in prisons.

C) They have clear and specific guidelines on how to exercise their discretion.

D) They exist in isolation from the prison bureaucracy.

796)

Criminologists Richard Hawkins and Geoffrey Alpert observe that the work of correctional officers is characterized by both ________.

A) high pay and stimulus overload B) low turnover and boredom C) boredom and stimulus overload D) high turnover and high pay

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797)

Correctional officers often attempt to obtain inmate compliance through informal negotiation and exchange, which may lead to which of the following problems?

A) High employee turnover B) Inmate-on-staff violence C) Staff D) Corruption

798)

Why is the number of states that have correctional officer unions decreasing?

A) Increasing apathy among correctional officers regarding union membership B) A reduced need for unionization C) An unwillingness of correctional administration to work with unions D) An increase in the number of states with right to work laws

799)

Until the middle of the twentieth century, courts followed a(n) ________ philosophy toward prison matters.

A) collective bargaining B) hands-off C) rights of access D) inmates' rights

800)

Inmates skilled in legal matters are known as ________.

A) snitches B) jailhouse lawyers C) hustlers D) lifers

801)

In which landmark case did the U.S. Supreme Court give inmates the right of unrestricted access to the federal courts?

A) Cooper v. Pate B) Ex parte Hull C) Wolff v. McDonnell D) Johnson v. Avery

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802)

Which of the following cases launched the prisoners' rights movement?

A) Cooper v. Pate B) Johnson v. Avery C) Wolff v. McDonnell D) Bounds v. Smith

803)

In which of the following cases did the Supreme Court hold that inmates skilled in legal matters must be permitted to assist other inmates in preparing cases unless the government provides a reasonable alternative?

A) Cooper v. Pate B) Johnson v. Avery C) Wolff v. McDonnell D) Bounds v. Smith

804)

In which of the following cases did the Supreme Court rule that inmates are entitled to either an adequate law library or adequate legal assistance?

A) Cooper v. Pate B) Johnson v. Avery C) Wolff v. McDonnell D) Bounds v. Smith

805)

Which of the following Latin terms is defined as a court order requiring that a confined person be brought to court so that his or her claims can be heard?

A) habeas corpus B) mens rea C) actus reus D) mala prohibita

806)

In the case of Wolff v. McDonnell, the Supreme Court ruled that inmates facing a loss of good time for a rule infraction are entitled to certain due process protections, including which of the following?

A) a disciplinary hearing in front of an impartial body B) the right to legal counsel C) access to a jailhouse lawyer when other legal assistance is unavailable D) an opportunity to confront and cross-examine people who testify against them

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807)

In the case of Estelle v. Gamble, the Supreme Court ruled that inmates claiming Eighth Amendment violations on medical grounds must demonstrate that prison officials showed ______ regarding serious medical problems.

A) deliberate indifference B) wanton carelessness C) criminal apathy D) negligence

808)

Why has the Eighth Amendment done little to protect inmates from staff brutality?

A) Brutality is hard to prove without an adequate number of witnesses.

B) Brutality is normally treated as a tort rather than a constitutional issue.

C) Acts of brutality are frequently conducted in places where video cameras and other surveillance equipment are absent.

D) The Eighth Amendment disallowed full constitutional rights to inmates.

809)

Totality-of-conditions cases usually claim that the prison violates which Amendment?

A) Fifth B) Eighth C) Sixth D) Fourth

810)

The equal-protection clause under the ________ Amendment has led the Supreme Court to forbid racial discrimination and has led state courts to target gender discrimination.

A) Eighth B) First C) Fifth D) Fourteenth

811)

Which of the following statements is true about a high percentage of lawsuits filed by inmates?

A) They are judged valid and are therefore won in the trial stage.

B) They are judged frivolous and are lost in the trial stage.

C) They are judged valid but not taken to trial due to lack of funding.

D) They are judged frivolous and are therefore dismissed.

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812)

Which of the following statements best describes the term parole?

A) a way of being released from prison before the entire sentence has been served B) a type of sentence in which the offender must submit to intensive supervision in lieu of imprisonment C) a way of being released from prison before the entire sentence has been served and a type of sentence in which the offender must submit to intensive supervision in lieu of imprisonment D) None of the answers is correct.

813)

Mandatory release is similar to ________ in that persons let out under either arrangement ordinarily receive a period of community supervision.

A) maxing out B) parole C) commutation D) determinate sentencing

814)

Which of the following statements is true about the restoration of convicted felons' civil rights?

A) Some rights are restored automatically.

B) Some rights are restored by executive or judicial proceedings.

C) Some rights are lost permanently.

D) All of the answers are correct.

815)

A pardon is a type of ______ in which the crime is erased and the offender's punishment ended.

A) clemency B) parole C) commutation D) determinate release

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816)

The results of research on recidivism have indicated that the factor most strongly related to the likelihood of rearrest is the offender's ________.

A) socioeconomic status B) educational achievement C) prior arrest history D) family life and living conditions

817)

One study on recidivism demonstrated that the inmates who adjusted most successfully to prison life ________ to life in the free community upon release.

A) had the least difficulty adjusting B) adjusted slowly but most thoroughly C) adjusted better than others D) had the most difficulty adjusting

818)

Approximately ________ percent of all prison inmates will eventually be released from prison.

A) 74 B) 86 C) 93 D) 66

819)

Which of the following terms is defined as the return to illegal activity after release from incarceration?

A) restitution B) arraignment C) prisonization D) recidivism

820)

The term ________ is defined as the reduction of the original sentence given by executive authority, usually a state's governor.

A) revocation B) commutation C) retribution D) arraignment

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821)

The smart justice movement emphasizes a focus on A) restitution.

B) revocation.

C) reentry.

D) retribution.

822)

Which of the following inmates is most likely to be arrested after release from prison?

A) A 23-year-old female inmate B) A 42-year-old female inmate C) A 22-year-old male inmate D) A 47-year-old male inmate

823)

Inmates are most likely to be rearrested during the ______ year after release.

A) third B) first C) second D) fifth

824)

According to a comprehensive review of research that evaluated the effects of correctional interventions on recidivism rates, which of the following types of interventions was most successful in reducing recidivism rates?

A) punishment-oriented, correctional interventions B) milieu therapies C) work-study programs D) cognitive-behavioral treatments

825)

The convict code is central to the inmate society in traditional men's prisons in the U.S. today. ⊚ true ⊚ false

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826)

The process of importation occurs when an inmate enters prison for the first time and is socialized into the customs and principles of the inmate society. ⊚ true ⊚ false

827)

Few inmates suffer from psychological problems. ⊚ true ⊚ false

828)

Relatively few inmates adopt the gleaning lifestyle. ⊚ true ⊚ false

829)

Family activity and homosexual activity appear to be deeply connected in women's prisons. ⊚ true ⊚ false

830)

Most correctional officers primarily use force to gain compliance from inmates. ⊚ true ⊚ false

831)

Ordinarily, prisoners want to get their cases into state courts because they perceive those courts as more receptive to their claims than the federal courts. ⊚ true ⊚ false

832)

Court litigation is a very slow and expensive way to reform prisons. ⊚ true ⊚ false

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833)

As a rule, prison inmates are prohibited from practicing either conventional or unconventional religions in prison. ⊚ true ⊚ false

834)

For various technical reasons, it has normally been easier for prisoners to win federal cases under habeas corpus than under Section 1983 of the Federal Civil Rights Act of 1871. ⊚ true ⊚ false

835)

Under the hands-off philosophy toward prison matters, court officials were willing to hear prisoners' claims regarding their rights while they were incarcerated. ⊚ true ⊚ false

836)

The Prison Litigation Reform Act (PLRA) of 1995 applies to habeas corpus proceedings that challenge a fact or the duration of prison confinement. ⊚ true ⊚ false

837)

Totality-of-conditions cases involve claims that some combination of prison practices and conditions makes a prison, as a whole, unconstitutional under the Eighth Amendment to the United States Constitution. ⊚ true ⊚ false

838)

The U.S. Supreme Court has moved to ensure that inmates receive all of the elements of due process during the disciplinary process. ⊚ true ⊚ false

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839)

The case of Brown v. Plata dealt with Eighth Amendment violations of prisoners' rights due to overcrowding. ⊚ true ⊚ false

840)

In the case of Kansas v. Hendricks (1997), the Supreme Court ruled that sexual predators judged to be dangerous may not be confined indefinitely after they finish serving their sentences. ⊚ true ⊚ false

841)

The Supreme Court has found that staff use of force against an inmate must cause a significant physical injury to violate the Eighth Amendment. ⊚ true ⊚ false

842)

Prisons have long had the right to provide only the minimal conditions necessary for human survival. ⊚ true ⊚ false

843)

Perhaps the most basic and compelling argument against court intervention for inmates' rights is that the monies being spent by prison systems to defend against inmate lawsuits and to comply with court orders could have been better spent to reform the unacceptable practices that sparked the suits in the first place. ⊚ true ⊚ false

844)

Most offenders who receive lengthy prison terms (e.g., 25 years) do not serve the entire term, and many do not even come close to doing so. ⊚ true ⊚ false

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845)

Research has shown that newly incarcerated offenders frequently express a preference for probation over prison sentences. ⊚ true ⊚ false

846)

List the four types of victimization that occur in prisons.

847)

List the basic due process rights that inmates facing a loss of good time for a rule infraction are entitled to.

848)

The Supreme Court has stated that inmates facing a loss of good time for a rule infraction are entitled to certain right but not to others. Name two rights to which they are entitled and two to which they are not entitled.

849)

Your textbook identifies five main problems and issues that affect the efforts to professionalize prison work. Explain four of these five problems.

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850)

What has research revealed about the factors that influence recidivism rates?

851)

Explain the four typical ways in which inmates may be released from prison.

852)

Delores has been incarcerated for two years in a federal prison for assaulting a federal marshal. During this time, she feels that she has been sexually harassed by the male correctional guards, who keep whistling at her. However, her biggest complaints are that her toilet keeps overflowing, and there is a strange odor coming from the cell next to her. She believes a rat or mouse may have gotten caught in some pipes in the wall because she has seen rats on the floor from time to time. She has voiced her concerns to the correctional officers, but she doesn't believe any action is being taken. Whenever she asks to go to the clinic because her stomach is constantly upset from the odors, she is told to learn to live with it. Although she believes she has some constitutional rights, the correctional officers keep telling her that she has lost her rights. They also tell her that she is going to have to learn to put up with this for the remainder of her 8-year sentence. Is there anything she can do, or does she have to just accept her fate?

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Answer Key Test name: chapter 11 1) C 2) A 3) B 4) B 5) A 6) B 7) D 8) C 9) B 10) A 11) D 12) B 13) B 14) B 15) D 16) C 17) A 18) C 19) D 20) A 21) C 22) D 23) D 24) B 25) B 26) B 27) A 28) B 29) D 30) A 31) D 32) A 33) B 34) B 35) D 36) D 37) A

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38) B 39) D 40) A 41) C 42) D 43) C 44) D 45) B 46) C 47) C 48) B 49) D 50) TRUE 51) FALSE 52) FALSE 53) TRUE 54) FALSE 55) FALSE 56) FALSE 57) TRUE 58) FALSE 59) FALSE 60) FALSE 61) FALSE 62) TRUE 63) FALSE 64) TRUE 65) FALSE 66) FALSE 67) TRUE 68) TRUE 69) TRUE 70) FALSE 71) Short Answer

The main types of victimization that occur in prisons are physical, economic, psychological, and social.

72) Short Answer

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Inmates are entitled to (1) a disci-plinary hearing by an impartial body, (2) written notice of the charges within 24 hours, (3) a written statement of the evidence relied on and the reasons for the disciplinary action, and (4) an opportunity to call witnesses and present documentary evidence provided that this does not jeopardize institutional security.

73) Short Answer

Inmates facing a loss of good time are entitled to a disciplinary hearing by an impartial body; written notice of the charges within 24 hours; a written statement of the evidence relied on and the reasons for the disciplinary action; and an opportunity to call witnesses and present documentary evidence provided that this does not jeopardize institutional security. Inmates are not entitled to confront and cross-examine people who testify against them or to have legal counsel.

74) Short Answer

Answers can include any four of the following: Factors such as low pay, the nature and prestige of the work, and the remote location of many prisons make recruitment of new officers difficult in some jurisdictions.

The general lack of competition for prison jobs in many jurisdictions makes it difficult to impose restrictive criteria for choosing among applicants.

In some jurisdictions, a backlash against affirmative action—which has increased female and minority representation among correctional officers—has resulted in tensions between the genders and races and resentment by some white male officers.

Once officers have been recruited and hired, they need to be trained, and the move toward professionalization has been accompanied by increased attention to training.

Professionalization has been accompanied by increased unionism among officers. Although guard unions can help improve pay levels, job benefits, and work conditions, unions can also divide the superior and subordinate ranks.

75) Short Answer

Research has found that a good predictor of whether an inmate will continue to commit crimes following release is the number of times the inmate has been arrested in the past. Prisoners with longer prior records are more likely to be rearrested than prisoners with shorter prior records.

The research also shows that the first year of release is the most critical one. Nearly two-thirds of all the recidivism of the first 3 years occurred in the first year.

76) Short Answer

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The four ways discussed in your textbook are: Depending on the jurisdiction and the specific case, inmates may be released from prison in a number of ways. Examples include expiration of the maximum sentence allowed by law (known as "maxing out"); commutation, or reduction of the original sentence by executive authority; release at the discretion of a parole authority; and mandatory release. Of those ways, the two most common are release at the discretion of a parole authority and mandatory release.

77) Essay

Answers will vary, but students should address Delores' Eighth Amendment rights of medical care; acceptable living conditions, including adequate plumbing, sanitary conditions, and a rodent-free environment. Students should address the sexual victimization by male staff members. Although "whistling" may not constitute a physical assault, the conduct is less than professional and may be considered harassment. Students should also address that Delores is entitled to challenge the conditions of her confinement and has a right to legal counsel, and if need be, she may use a jailhouse lawyer. Finally, students should discuss the rights she is entitled to and those she is not, if she receives a hearing.

Student name:__________ 853)

Community corrections has traditionally emphasized which goal of corrections?

A) incapacitation B) punishment C) deterrence D) rehabilitation

854)

Which of the following activities is part of the law enforcement role of community corrections staff?

A) Providing services to offenders, such as counseling B) Acting as a resource broker C) Supervising offenders D) Serving as an advocate

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855)

Community-run correctional programs are controlled by which level of government?

A) federal B) county C) state D) local

856)

Who determines whether an offender will be placed on probation?

A) The victim B) The probation office C) The court D) The parole board

857)

________ refers to organized and systematic efforts to remove people from further criminal justice system processing.

A) Probation B) Diversion C) Parole D) Shock incarceration

858)

Which of the following is the most frequently used sentence in criminal justice?

A) probation B) diversion C) fines D) incarceration

859)

_______ is the strictest form of probation, as it is effectively a jail sentence without the jail.

A) Shock probation B) Residential probation C) Split sentence probation D) Community control probation

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860)

Which of the following is an example of posttrial diversion?

A) A police officer refers a domestic violence case to a family-in-crisis center rather than making an arrest B) A prosecutor diverts an alcohol offender to a detoxification and counseling agency C) A judge places a guilty offender on informal probation D) A judge transfers a defendant to a drug court

861)

Probation was first used in which city in the U.S.?

A) New York B) Boston C) Cincinnati D) Chicago

862)

Which of the following statements regarding the presentence investigation (PSI) is true?

A) The PSI report is designed to individualize justice by helping judges structure their sentencing decisions around an offender's unique circumstances B) The PSI is generally conducted by the prosecutor's office prior to sentencing C) The main focus of the PSI is to estimate the risk the offender presents to the community and to determine the offender's treatment needs D) In most cases, judges do not follow the sentencing recommendations made in the PSI report

863)

Which of the following is conducted by a probation agency at the request of a judge, usually during the period between the finding or plea of guilt and sentencing?

A) the presentence investigation B) the probation subsidy C) shock incarceration D) termination of probation

864)

________ are imposed at the discretion of the judge and probation officials and are designed to address the offender's particular situation.

A) Special conditions B) General conditions C) Specific conditions D) Standard conditions

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865)

You are a probation officer and learn that your client violated the conditions of probation.

You recommend parole ________ and the offender is sent to prison.

A) discharge B) standard conditions C) general conditions D) revocation

866)

As part of your sentence of probation, you are required to observe a set of ________ conditions that apply to all probationers in your jurisdiction.

A) standard B) specific C) general D) special

867)

In the case of _______, the Supreme Court ruled that there is no absolute right to counsel at parole or probation revocation hearings.

A) Gagnon v. Scarpelli B) Minnesota v. Murphy C) Griffin v. Wisconsin D) Morrissey v. Brewer

868)

Which of the following is most likely to be a special, rather than a general, condition of probation?

A) The probationer must participate regularly in a Narcotics Anonymous program B) The probationer must obtain the probation officer's permission before traveling out of state C) The probationer may not possess a firearm D) The probationer must remain arrest-free

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869)

Identify a true statement about straight probation.

A) Straight probation occurs when an offender is sentenced only to probation, with no incarceration or other form of residential placement.

B) In straight probation, the judge pronounces a jail or prison sentence but suspends the sentence on the condition that the offender performs well on probation.

C) Straight probation involves placement of a probationer in a structured but generally open living environment, such as a halfway house.

D) With straight probation, the judge divides a single sentence into a relatively short jail term followed by probation supervision.

870)

Identify a true statement about intensive-supervision probation and parole (ISP).

A) Offenders pass through a series of phases that become progressively more restrictive during the period of intensive supervision.

B) It provides more lenient conditions than traditional probation and parole.

C) ISP programs are characterized by inescapable supervision, such as multiple weekly contacts between officers and clients and frequent testing for drug use.

D) Of all people placed on parole or probation, a majority are placed under ISP because of the availability of resources and the large caseloads required by ISP.

871)

Identify the type of probation in which an offender is initially sentenced to prison but is soon (perhaps after 120 days) recalled to court and placed on probation.

A) straight probation B) shock probation C) split-sentence probation D) residential probation

872)

Which of the following is used with people leaving prison?

A) probation B) diversion C) bail D) parole

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873)

In ________, offenders are released from prison directly into the community under the supervision of the parole agency.

A) residential parole B) split-sentence probation C) suspended-sentence probation D) straight parole

874)

In the U.S., the concept of parole was initially implemented, along with indeterminate sanctioning, in the 1870s by ________.

A) Zebulon Brockway B) Captain Alexander Machonochie C) John Augustus D) the United States Parole Commission

875)

_________ parole is generally used in states that use indeterminate sentencing.

A) Indeterminate B) Discretionary C) Mandatory D) Determinate

876)

Which of the following is considered to be the most important factor for parole authorities to consider when deciding whether to grant or deny parole?

A) The nature of the present offense B) Prior adult criminal record C) The inmate's disciplinary record D) Risk assessments or reports

877)

Parole revocation is the responsibility of the ________.

A) correctional system B) parole board C) local law enforcement agencies D) court system

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878)

Which of the following statements regarding release on parole is true?

A) Inmates released by discretionary parole are more likely to succeed than those released through mandatory parole B) If an offender's parole is revoked, the offender is automatically returned to prison C) Offenders have a constitutional right to parole D) An offender's civil rights are restored when the offender is granted parole

879)

A key to successful community adjustment for inmates leaving prison is ________, which means rebuilding former prosocial ties to the community and establishing new ties.

A) recidivism B) restoration C) communication D) reintegration

880)

Which of the following is a difference between intensive-supervision probation and parole (ISP) and traditional probation and parole?

A) ISP generally costs less than traditional probation and parole.

B) Traditional probation and parole provide fewer treatment services than ISP. C) Traditional probation and parole provide closer supervision than ISP. D) ISP provides more lenient conditions than traditional probation and parole.

881)

As a rule, newer intermediate sanctions are oriented less toward ________ than older community correctional programs.

A) deterrence B) rehabilitation C) retribution D) rehabilitation

882)

Intensive-supervision probation and parole (ISP) usually lasts ________.

A) 6 to 8 months B) 5 years C) 6 months to 2 years D) 5 to 9 years

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883)

Which type of probation provides offenders with more treatment services than traditional probation?

A) intensive supervision probation B) supervised probation C) Shock probation D) split sentence probation

884)

There is currently a trend towards the use of electronic monitoring with ______ offenders.

A) serious B) white-collar C) minor D) juvenile

885)

________ offer community-based residential facilities that are an alternative to confinement in jail or prison.

A) Home confinement B) Community correctional centers C) Electronic monitoring D) Shock incarceration

886)

Which of the following is a critical issue regarding the use of halfway houses?

A) discrimination against economically disadvantaged persons B) the cumulative effect of monetary penalties C) encroachment on the constitutional rights to privacy D) community resistance

887)

Which of the following statements is true about halfway houses?

A) They provide a less controlled environment than traditional probation and parole.

B) They provide offenders with a long-term period of highly structured and supportive living.

C) They place considerable emphasis on helping offenders find and keep jobs.

D) They are primarily designed to serve criminal offenders.

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888)

Which of the following statements is true about electronic monitoring?

A) It is increasingly likely to be used with offenders who have committed less serious crimes.

B) It is used to verify that offenders are at their designated locations at particular times.

C) It results in home confinement being impractical and less cost effective.

D) It has been evaluated extensively.

889)

Structured fines are presumed to be fairer than tariff fines because tariff fines are A) frequently too low to be meaningful to wealthier offenders and too high for poorer offenders to pay.

B) relatively inexpensive to administer compared with other types of intermediate sanctions.

C) known to provide an economic disincentive for criminal behavior.

D) more effective than other types of intermediate sanctions in generating revenue.

890)

A(n) _________ program allows an inmate to leave prison to attend a funeral or to look for a job prior to release from prison.

A) study release B) parole C) work-release D) furlough

891)

Identify a true statement about temporary-release programs.

A) Institutional authorities use temporary-release programs as a means of testing the readiness of inmates for release.

B) Research shows that prerelease programs following prison furlough increase dramatically the risks to public safety after release.

C) The most frequent problem in temporary-release programs is that inmates commit serious offenses while away from the prison facility.

D) A strength of study release programs is that, like work release, it generates financial resources.

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892)

Which of the following describes the Supreme Court's ruling in the case of Griffin v.

Wisconsin?

A) Inmates have the right to be represented by an attorney at a parole release hearing B) A probation officer is not required to keep information divulged by probationers confidential C) Individuals on probation have the right to a formal hearing before revocation D) While on probation, offenders lack some due process protections

893)

In the case of ________, the Supreme Court establish that parole revocation must be a two-stage process.

A) Gagnon v. Scarpelli B) Morrissey v. Brewer C) Griffin v. Wisconsin D) Mempa v. Rhay

894)

Who is considered the "father" of probation?

A) John Augustus B) Alexander Machonochie C) Walter Crofton D) Zebulon Brockway

895)

At the end of 2016, about twice as many adults were on probation or parole in the United States than in jail or prison. ⊚ true ⊚ false

896)

An important disadvantage of community corrections is that correctional agencies are unable to draw on the services of other agencies in the locality. ⊚ true ⊚ false

897)

Probation is the most frequently-imposed sentence in the U.S. today. ⊚ true ⊚ false

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898)

Acting as a resource broker is part of the social worker role of community correctional staff. ⊚ true ⊚ false

899)

Probation is imposed by the probation board. ⊚ true ⊚ false

900)

Residential probation is the strictest form of probation. ⊚ true ⊚ false

901)

To determine the types of supervision and services persons placed on probation require, many agencies employ risk-and-needs assessment instruments. ⊚ true ⊚ false

902)

The assignment of a probationer to a probation officer takes offender and officer characteristics into account. ⊚ true ⊚ false

903)

There is usually a low degree of consistency between the sentencing recommendation in the presentence investigation (PSI) report and the actual sentence handed down by the judge. ⊚ true ⊚ false

904)

Probationers do not have an absolute right to counsel at a probation revocation hearing. ⊚ true ⊚ false

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905)

Revocation of probation is automatic if a probationer commits a new crime. ⊚ true ⊚ false

906)

A probation officer must have a search warrant based on probable cause before searching a probationer's home. ⊚ true ⊚ false

907)

In general, the recidivism figures associated with probation are substantially lower than those associated with incarceration. ⊚ true ⊚ false

908)

A violation of probation conditions is more likely to result in revocation than a violation of parole conditions. ⊚ true ⊚ false

909)

Most parole boards are administratively consolidated with the department of corrections. ⊚ true ⊚ false

910)

A two-stage hearing process is required for parole revocation. ⊚ true ⊚ false

911)

Mandatory parole is generally used in jurisdictions with determinate sentencing statutes. ⊚ true ⊚ false

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912)

If parole is revoked, the offender must be returned to prison. ⊚ true ⊚ false

913)

Finding a job is a key element of reintegration. ⊚ true ⊚ false

914)

Newer intermediate sanctions tend to be oriented more towards rehabilitation. ⊚ true ⊚ false

915)

Returning offenders on intensive-supervision probation and parole to prison for technical violations reduces the risk that they will commit new crimes. ⊚ true ⊚ false

916)

In programs like intensive-supervision probation and parole, net widening occurs when the offenders placed in the program are not those for whom the program was designed. ⊚ true ⊚ false

917)

Day reporting centers are designed for offenders who would otherwise be incarcerated in jail or prison. ⊚ true ⊚ false

918)

Day fines are imposed on convicted defendants regardless of their financial circumstances. ⊚ true ⊚ false

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919)

According to the Supreme Court, if an offender is convicted of a crime for which imprisonment is not a possible penalty, the offender cannot be incarcerated for failing to pay a fine, unless the default is willful. ⊚ true ⊚ false

920)

Research suggests that a large number of offenders placed in halfway houses do not successfully complete their programs. ⊚ true ⊚ false

921)

Offenders who are successfully discharged from a halfway house are equally likely to recidivate than those who do not receive a successful discharge. ⊚ true ⊚ false

922)

Administrators of private halfway houses often have less discretion to decline referrals than do administrators of public programs. ⊚ true ⊚ false

923)

Radio frequency (RF) monitoring is more likely to be used to enforce curfews. ⊚ true ⊚ false

924)

The majority of offenders on house arrest are electronically monitored to ensure compliance. ⊚ true ⊚ false

925)

Research shows that the vast majority of inmates on furlough commit serious offenses. ⊚ true ⊚ false

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926)

List the seven types of probation.

927)

Name the four fundamental objectives of parole.

928)

Identify four of the five basic elements contained in presentence investigation reports (PSIs).

929)

Name four of the six ideal features of intensive-supervision probation and parole (ISP) programs.

930)

List and define three of the five types of intermediate sanctions discussed in your textbook.

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931)

Seymour has been convicted of possession of marijuana, burglary, and larceny. This is his first conviction, although the presentence investigation (PSI) has indicated that he has been involved in several previous incidents wherein the charges were dismissed for errors in collecting evidence. The PSI indicates he has above-average intelligence, a high school education, and an intermittent employment record as a salesman. He has family ties in a nearby community and currently lives with a roommate in an apartment complex. The roommate was not implicated in Seymour's arrest. The judge is likely to place Seymour into an intermediate sanction program with probation because of overcrowded prisons currently filled with violent offenders. What intermediate sanction would you recommend based on this information?

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Answer Key Test name: chapter 12 1) D 2) C 3) D 4) C 5) B 6) A 7) D 8) C 9) B 10) C 11) A 12) A 13) D 14) C 15) A 16) A 17) A 18) C 19) B 20) D 21) D 22) A 23) B 24) A 25) B 26) A 27) D 28) B 29) B 30) C 31) A 32) A 33) B 34) D 35) C 36) B 37) A

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38) D 39) A 40) D 41) B 42) A 43) TRUE 44) FALSE 45) TRUE 46) TRUE 47) FALSE 48) FALSE 49) TRUE 50) TRUE 51) FALSE 52) TRUE 53) FALSE 54) FALSE 55) FALSE 56) FALSE 57) FALSE 58) TRUE 59) TRUE 60) FALSE 61) TRUE 62) FALSE 63) FALSE 64) TRUE 65) TRUE 66) FALSE 67) TRUE 68) TRUE 69) FALSE 70) FALSE 71) TRUE 72) FALSE 73) FALSE 74) Short Answer

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The five types of probation are informal or unsupervised probation, straight probation, suspended-sentence probation, a split-sentence, shock probation, residential probation, and community control probation.

75) Short Answer

The four fundamental objectives of parole are to provide community safety, to promote offender betterment and reintegration into society, to relieve and contain prison crowding, and to control the behavior of prison inmates.

76) Short Answer

Answers may include any four of the following: a face sheet of identifying demographic data; a discussion of the instant, or current, offense as perceived by the police, the victim, and the offender; a summary of the offender's prior legal record; an overview of the offender's past and present social and psychological functioning; and the probation officer's evaluation of the offender and the officer's recommendation for an appropriate sentence.

77) Short Answer

Answers may include any four of the following: specially trained intensive-supervision officers with small caseloads (for example, 25 cases per officer); inescapable supervision, such as multiple weekly contacts between officers and clients and frequent testing for drug use; mandatory curfews; mandatory employment or restitution requirements, or both; mandatory or voluntary participation in treatment; and supervision fees to be paid by clients.

78) Short Answer

Answers may include any three of the following: Intensive- supervision probation and parole (ISP) is an alternative to incarceration that provides stricter conditions, closer supervision, and more treatment services than do traditional probation and parole.

Day reporting centers are facilities that are designed for offenders who would otherwise be in prison or jail and that require offenders to report regularly to confer with staff about supervision and treatment matters.

Structured fines, or day fines, are fines that are based on defendants' ability to pay.

Home confinement is a program that requires offenders to remain in their homes except for approved periods of absence; commonly used in combination with electronic monitoring.

Electronic monitoring is an arrangement that allows an offender's whereabouts to be gauged through the use of computer technology.

Halfway houses are community-based residential facilities that are less secure and restrictive than prison or jail but provide a more controlled environment than other community correctional programs.

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79) Short Answer

Answers will vary, but students should address a program addressing the marijuana use and some type of restitution and/or fine associated with the burglary. He can be placed on intensivesupervision, required to report to a day reporting center, and given a fine. He can also be given home confinement or electronic monitoring because he is able to support himself.

Student name:__________ 932)

In most U.S. jurisdictions, juveniles are defined as individuals between the ages of ________.

A) 12 and 18 B) 7 and 18 C) 7 and 16 D) 12 and 16

933)

During the colonial period, one mechanism for dealing with unruly children was ________, which served as a primary means for teaching skilled trades to the children of the middle and upper classes.

A) binding out B) the apprenticeship system C) placing out D) the house of refuge

934)

________, which involved relocating children to farms in the West and Midwest, was believed to have several advantages over houses of refuge?

A) The binding out system B) The apprenticeship system C) Placing out D) Cottage reformatories

935)

During the late 1800s, a group of reformers known as the ________ began to advocate the creation of a juvenile court.

A) Puritans B) rescuers C) Boston Children's Aid Society D) child savers

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936)

The legal philosophy justifying state intervention in the lives of children is called the doctrine of ________.

A) parens patriae B) Ex parte Crouse C) in loco parenti D) parentela

937)

______________ were correctional facilities for juveniles that were designed to parallel family life and remove children from the negative influences of the urban environment.

A) Cottage reformatories B) Institutional reformatories C) Houses of refuge D) Apprenticeships

938)

The major reason for the juvenile court's ________ is that it has traditionally focused not on the act committed by the juvenile, but on the whole child.

A) deterrence B) formality C) informality D) retribution

939)

The U.S. Supreme Court case ________ expanded the number of due process protections afforded to juveniles within the juvenile court.

A) Ex parte Crouse B) Kent v. United States C) In re Winship D) In re Gault

940)

In the case of ________, the Supreme Court ruled that delinquency charges must be proven beyond a reasonable doubt where there was a possibility that a youth could be confined in a locked facility.

A) Ex parte Crouse B) Kent v. United States C) In re Winship D) In re Gault

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941)

In which case did the Supreme Court require due process protections for juveniles who are transferred to adult court for trial?

A) Ex parte Crouse B) Kent v. United States C) In re Winship D) In re Gault

942)

Which of the following did the child savers believe was the best social institution for protecting children?

A) families B) churches C) government D) schools

943)

The first juvenile court was established in which city?

A) Boston B) Philadelphia C) Chicago D) Detroit

944)

Which of the following terms is defined as the actions taken by citizens to respond to juvenile offenders without involving the official agencies of juvenile justice?

A) transfer or waiver B) informal juvenile justice C) parens patriae D) formal juvenile justice

945)

Who are the gatekeepers to the formal juvenile justice system?

A) Intake officers B) The schools C) The police D) The juvenile court

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946)

In 2013, ________ percent of status offense cases referred to the juvenile courts came from police agencies.

A) 20 B) 40 C) 55 D) 85

947)

Regardless of a subject's demeanor or other factors, as the ________ increases, so does the likelihood of arrest.

A) demands of the complainant B) seriousness of the offense C) apathy of the community D) anger of the community

948)

Which of the following appears to particularly influence the decision to arrest when status offenses are involved?

A) The race and social class of the offender B) The gender of the offender C) The wishes of the complainant D) The demeanor of the youth

949)

In ________, the Supreme Court ruled that parents or attorneys do not have to be present for juveniles to waive their rights.

A) In re Winship B) In re Gault C) Fare v. Michael C. D) Kent v. United States

950)

Which teen court model uses a panel of three judges to decide the appropriate disposition for the defendant?

A) Youth judge B) Adult judge C) Peer jury D) Tribunal

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951)

Diversion can occur at any stage of the juvenile justice process, but it is most often employed before ________.

A) adjudication B) arrest C) petitioning to the juvenile court D) contacting the police

952)

Which of the following statements regarding teen courts is true?

A) Teen courts often handle cases involving repeat offenders B) Research suggests that males and females are equally likely to recidivate after participating in teen court C) The most common disposition used in teen court cases is a fine D) Teen courts generally do not determine guilt or innocence

953)

Which of the following statements regarding civil citation programs is true?

A) Juveniles may be diverted to a civil citation program by teen court B) Civil citation programs allow juvenile offenders to avoid having an arrest record C) Civil citation programs involve bringing juvenile offenders and their victims together to discuss the harm caused by the juvenile's behavior D) Civil citations include a determination of guilt or innocence

954)

The most frequently used disposition in juvenile courts is ________.

A) placement B) probation C) restitution D) diversion

955)

Which stage in the juvenile justice process occurs after the decision to arrest a juvenile is made and focuses on making decisions about the continued processing of the case?

A) Intake screening B) Adjudication C) Remand D) Arraignment

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956)

Which of the following statements regarding juvenile transfer to adult criminal court is true?

A) A juvenile may be tried in juvenile court prior to being transferred to adult criminal court and retried B) Juveniles who are transferred to adult criminal court are more likely than those kept in the juvenile justice system to recidivate C) The use of prosecutorial transfer or direct file to transfer juveniles to adult court is decreasing D) Typically, to transfer a juvenile to adult criminal court, reasonable grounds must be shown

957)

Which of the following methods accounts for the largest number of juvenile cases transferred to adult criminal court?

A) statutory exclusion or legislative transfer B) judicial transfer C) prosecutorial transfer D) mandatory or automatic waiver

958)

In ________ jurisdiction states, prosecutors have discretion to file eligible cases in either juvenile court or criminal court.

A) consecutive B) concurrent C) juvenile-contiguous D) conterminous

959)

Which blended sentencing option allows the juvenile court to impose a juvenile correctional sanction that remains in force after the offender becomes an adult, at which point the offender may be transferred to the adult correctional system?

A) juvenile-exclusive blend B) juvenile-inclusive blend C) juvenile-contiguous blend D) criminal-inclusive blend

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960)

The _____________ is a blended sentencing option in which the juvenile court may impose either a juvenile or an adult sanction, but not both.

A) juvenile-exclusive blend B) juvenile-inclusive blend C) juvenile-contiguous blend D) criminal-inclusive blend

961)

The juvenile court's equivalent of an adult criminal trial is known as _______.

A) Adjudication B) Intake C) Disposition D) Remand

962)

In the context of police processing of juvenile offenders, identify a true statement about the differences between arrests of adults and juveniles.

A) The police can arrest juveniles for a wider range of behaviors.

B) Unlike adults, juveniles can be arrested for status offenses.

C) Juveniles have to be mandatorily given Miranda warnings in the presence of a parent, guardian, or attorney.

D) In most jurisdictions, juveniles are less likely than adults who have committed similar offenses to be detained pending adjudication.

963)

In the context of how the race and social class of an offender influence the ways police officers handle juvenile suspects, self-report data reveal that: A) the proportions of middle-class and lower-class youths who engage in delinquency are dissimilar.

B) when different types of offenses are examined, significant social class differences appear.

C) middle-class youths have lower rates of involvement in such offenses as stealing from their families.

D) lower-class youths have lower rates of involvement in more serious offenses, such as felony and assault.

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964)

Which of the following statements is true about how the community influences the ways police officers handle juvenile suspects?

A) Research shows that the police operate uniformly in both lower-class communities and wealthier communities.

B) Police expect wealthier communities to have higher levels of crime because more arrests are made in those communities than in lower-class communities.

C) When police have contact with juveniles in lower-class communities, informal responses become more likely because formal responses are ineffective.

D) Research shows that as the socioeconomic status of a neighborhood increases, the likelihood that a police-juvenile encounter will end in arrest declines.

965)

Which standard of proof is necessary for arresting a juvenile?

A) reasonable suspicion B) probable cause C) preponderance of evidence D) clear and convincing evidence

966)

Which of the following is most similar to sentencing in an adult criminal court?

A) Adjudication B) Intake C) Disposition D) Remand

967)

What was the Supreme Court's ruling in Rover v. Simmons?

A) The Court prohibited the imposition of life without parole for juveniles who were not convicted of homicide B) The Court prohibited the imposition of life without parole for any juvenile offenders C) The Court prohibited the death penalty for juveniles D) The Court prohibited mandatory sentences of life without parole for juvenile homicide offenders

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968)

In which case did the Supreme Court rule that juveniles may not be sentenced to life without parole for any crime other than homicide?

A) Roper v. Simmons B) Miller v. Alabama C) Graham v. Florida D) Kent v. United States

969)

Which of the following statements regarding supervision of juveniles is true?

A) Intensive supervision is less effective than incarceration at reducing reoffending among juveniles B) Traditional community supervision is more effective than residential supervision C) Traditional community supervision is ineffective D) Supervision is more effective than restorative justice programs in reducing reoffending among juveniles

970)

Which of the following statements is true about group homes?

A) Considerable research has been conducted recently to examine and prove the effectiveness of group homes.

B) The number of group homes for juveniles in the U.S. is increasing.

C) Treatment offered in group homes consists of group or individual counseling provided by group home staff.

D) The location of group homes prevents residents from taking advantage of community services.

971)

Which of the following statements best describes group homes?

A) They are somewhat smaller than foster homes.

B) They are less expensive than institutional placements.

C) They are more impersonal than institutions.

D) They are frequently more family-like than foster homes.

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972)

Which of the following statements is true about foster homes?

A) The effectiveness of many foster home placements is inhibited by problems such as frequent movement of youths from home to home.

B) Unlike group homes, foster homes are closed, secure, community-based facilities excluded from both halfway-in and halfway-out programs.

C) Although foster homes are rarely used by juvenile courts in any jurisdiction, there are many sound evaluations of their effectiveness.

D) Foster homes are somewhat larger and frequently less family-like than group homes.

973)

Identify a true statement about day treatment programs.

A) They provide treatments that are uniform in nature and exclude activities such as individual and group counseling.

B) They are believed to be unprofitable.

C) They fail to serve as alternatives to incarceration.

D) They target serious offenders who would otherwise be candidates for institutionalization.

974)

Which of the following statements is true about wilderness probation programs?

A) They are known to produce negative effects, such as decreases in self-esteem and an increase in criminal activity both before and after the program.

B) They produce positive effects that are greater than the effects produced by probation programs that provide regular contact between probationers and probation officers.

C) They assume that learning is best accomplished by acting in an environment where there are consequences for one's actions.

D) They refrain from involving youths in a physically and emotionally challenging outdoor experience.

975)

Identify an accurate statement about juvenile restitution programs.

A) They are well-managed, formal programs with high compliance rates.

B) They are likely to produce negative perceptions of juvenile justice by both offenders and victims.

C) They ensure that hearing officers make realistic restitution orders that juveniles can complete.

D) They have high recidivism rates in all programs.

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976)

Which of the following statements is true about electronic monitoring?

A) It aggravates the problem of detention overcrowding.

B) It allows youths to participate in counseling, education, and vocational programs without endangering public safety.

C) It allows youth to live with supervision in an environment that resembles an institutional facility.

D) It prevents court workers from accurately assessing the ability of youth to live in the community under standard probation after they leave the program.

977)

________ are referred to as "the workhorses of the juvenile justice system."

A) Police officers B) Juvenile probation officers C) Juvenile court judges D) Juvenile correctional officers

978)

A key feature of New York City's new "Close to Home" program is A) the use of day treatment programs.

B) the development of wilderness probation programs.

C) the use of restitution.

D) the use of group homes.

979)

Which of the following juvenile correctional institutions is most likely to be classified as a secure facility?

A) A forestry camp B) A state training school C) A public shelter D) An open institution

980)

Juveniles are likely to spend a longer period of time in which type of facility?

A) A public facility B) A detention center C) A diagnostic and reception center D) A private facility

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981)

Which of the following is a recent trend in juvenile incarceration?

A) An increased use of juvenile incarceration B) A move away from the use of adult jails and prisons C) The use of both public and private juvenile facilities D) A disproportionately large percentage of females being incarcerated

982)

________ programs are designed to help juveniles transition from juvenile institutions to life back in the community.

A) Placing out B) Parens patriae C) Aftercare D) Remand

983)

Intensive-supervision programs are intended to: A) ensure regular contact between probationers and probation officers.

B) serve as an intermediate response that is less restrictive than standard probation.

C) serve as an intermediate response that is more restrictive than incarceration.

D) ensure more informal processing of delinquency cases.

984)

The first house of refuge was established in New York City in 1825. ⊚ true ⊚ false

985)

In People v. Turner (1870), the Illinois Supreme Court ruled that because placement in the house of refuge actually was punishment, due process protections were necessary. ⊚ true ⊚ false

986)

During the colonial period, the family was the basic unit of economic production and the primary mechanism through which social control was exerted. ⊚ true ⊚ false

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987)

The Kent case was the first major Supreme Court ruling that examined the operation of the juvenile courts. ⊚ true ⊚ false

988)

In the case of In re Gault, the Supreme Court ruled that juveniles are not entitled to a trial by jury. ⊚ true ⊚ false

989)

Until the ruling in In re Winship, the standard of proof typically employed at the adjudication stage of the juvenile justice process was a preponderance of the evidence, the level of proof employed in civil proceedings. ⊚ true ⊚ false

990)

Reform, industrial, and training schools placed more emphasis on formal education than the houses of refuge. ⊚ true ⊚ false

991)

The formality of the juvenile court may explain why most youths contest the charges against them. ⊚ true ⊚ false

992)

Recent research suggests that formal juvenile system processing appears to increase delinquency. ⊚ true ⊚ false

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993)

In studies that have compared formal processing with diversion programs, the negative effects of formal processing were even greater than when formal processing was compared to "doing nothing." ⊚ true ⊚ false

994)

Certification is the juvenile court equivalent of the trial and sentencing phases in criminal court. ⊚ true ⊚ false

995)

The police represent the primary gatekeepers to the formal juvenile justice process. ⊚ true ⊚ false

996)

A number of studies have found that male status offenders are more likely to be formally processed than female ones. ⊚ true ⊚ false

997)

Radical nonintervention is based on the idea that youths should be left alone if at all possible instead of being formally processed. ⊚ true ⊚ false

998)

Most teen courts determine guilt or innocence. ⊚ true ⊚ false

999)

Restorative justice conferences bring victims and offenders together. ⊚ true ⊚ false

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1000) Civil-citation programs allow police officers to issue a civil citation instead of arresting a

juvenile offender. ⊚ true ⊚ false

1001) Receiving a civil citation allows a juvenile offender to avoid an arrest record and the

problems associated with having such a record. ⊚ true ⊚ false

1002) The number of delinquency cases involving detention has increased since 2005. ⊚ true ⊚ false

1003) Judicial waiver hearings generally require probable cause be shown. ⊚ true ⊚ false

1004) Increasing the use of judicial transfer will reduce juvenile recidivism. ⊚ true ⊚ false

1005) A hearing officer is a lawyer who is empowered by the juvenile court to hear juvenile

cases. ⊚ true ⊚ false

1006) Adjudication is the juvenile court equivalent of sentencing in criminal court. ⊚ true ⊚ false

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1007) If youths are adjudicated, they will have an official court record. ⊚ true ⊚ false

1008) The majority of cases that are not adjudicated are dismissed. ⊚ true ⊚ false

1009) In Graham v. Florida, the Supreme Court ruled that sentencing a juvenile to life without

parole violates the Eighth Amendment in cases other than homicide. ⊚ true ⊚ false

1010) In Miller v. Alabama, the U.S. Supreme Court prohibited the death penalty for juveniles. ⊚ true ⊚ false

1011) In the context of the factors that influence the ways police handle juvenile suspects,

research shows that youths who are either unusually antagonistic or unusually polite are less likely to be arrested. ⊚ true ⊚ false

1012) Juvenile offenders who have been screened to participate in restorative justice

conferences are generally violent offenders who commit serious offenses and have had several previous referrals. ⊚ true ⊚ false

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1013) Diversion programs are based on the understanding that formal responses to youths who

violate the law, such as arrest and adjudication, always protect the best interests of youths or the community. ⊚ true ⊚ false

1014) One ongoing problem in juvenile justice is providing adequate due process protections to

youths at all stages of the juvenile justice process. ⊚ true ⊚ false

1015) Probation is the most frequently used correctional response for youths who are

adjudicated delinquent in juvenile courts. ⊚ true ⊚ false

1016) In general, foster care does not appear to be effective in reducing crime among juveniles. ⊚ true ⊚ false

1017) Most boot camp programs have high dropout rates. ⊚ true ⊚ false

1018) According to the Bureau of Justice Statistics, female staff are more likely to sexually

victimize youth in juvenile facilities. ⊚ true ⊚ false

1019) Currently, the use of juvenile incarceration is decreasing. ⊚ true ⊚ false

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1020) Evaluations of several wilderness probation programs have shown that they produce

negative effects, such as decreases in self-esteem and an increase in criminal activity both during and after the program. ⊚ true ⊚ false

1021) Aftercare programs are designed for juveniles who are transitioning from residential

facilities back into the community. ⊚ true ⊚ false

1022) Juveniles committed for status offenses are more likely to be placed in public juvenile

facilities. ⊚ true ⊚ false

1023) Males are disproportionately incarcerated in juvenile facilities. ⊚ true ⊚ false

1024) In the case of Kent v. U.S., the Supreme Court specified four due process protections for

juveniles that are transferred to criminal court. List these four due process protections.

1025) Explain the outcome of McKeiver v. Pennsylvania (1971), and give the three reasons

listed in your textbook that explain the Supreme Court's decision.

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1026) Your textbook identifies seven factors that influence the ways police officers handle

juvenile suspects. List five of them.

1027) What must be proven at a waiver hearing in order to allow waiver to adult court? What

other three factors must the prosecutor prove, in most states?

1028) Identify the four models of teen courts used in the United States today. Which is used

most frequently?

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1029) At 2 a.m. on a Sunday morning in January, the alarm in a local high school went off,

which automatically sent a message to the local police department. Two patrol cars responded, and the officers checked all the school doors. One of the doors, while still chained, had sufficient slack for entry. The police entered through the door and searched the building. They found a 15-year-old hiding in the auditorium. When ordered to stand up and face the wall, the juvenile complied. He cooperated with the officers and stated that he was alone. The officers took the juvenile to headquarters, read him his rights, and questioned him.

They discovered that he had no prior criminal history and that he had run away after a fight with his parents. He sought refuge in the school because of the cold and did not know about the silent alarm, but explained that he hid when he heard the officers coming. The police contacted his parents, who confirmed that the boy had run away after a fight. There was no damage to the school. What should the officers do now?

1030) Felix is a 12-year-old white male who is a member of a nationally recognized gang. He

has been arrested at the scene of a murder and a gun was found in his possession. The victim was George, the father of Felix's friend Andy. Felix admitted he killed George because he had grounded Andy. Felix has been properly arrested and booked for the offense. He has no prior criminal history. His demeanor is cocky and savvy. What will happen now? What recommendation would you make regarding him?

1031) What are teen courts? Explain the four models on which teen courts are based.

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1032) Define aftercare and list some of the types of aftercare programs. Discuss some problems

with aftercare.

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Answer Key Test name: chapter 13 1) B 2) B 3) C 4) D 5) A 6) A 7) C 8) D 9) C 10) B 11) C 12) C 13) B 14) C 15) C 16) B 17) B 18) C 19) D 20) A 21) D 22) B 23) B 24) A 25) B 26) A 27) B 28) C 29) A 30) A 31) A 32) B 33) D 34) B 35) C 36) C 37) C

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38) C 39) C 40) B 41) A 42) D 43) C 44) B 45) B 46) B 47) D 48) B 49) D 50) C 51) C 52) A 53) TRUE 54) TRUE 55) TRUE 56) TRUE 57) FALSE 58) TRUE 59) TRUE 60) FALSE 61) TRUE 62) TRUE 63) FALSE 64) TRUE 65) FALSE 66) TRUE 67) FALSE 68) TRUE 69) TRUE 70) TRUE 71) FALSE 72) TRUE 73) FALSE 74) TRUE 75) FALSE 76) TRUE 77) TRUE

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78) TRUE 79) FALSE 80) FALSE 81) FALSE 82) FALSE 83) TRUE 84) TRUE 85) TRUE 86) TRUE 87) TRUE 88) TRUE 89) FALSE 90) TRUE 91) FALSE 92) TRUE 93) Short Answer

The Supreme Court ruled that before a juvenile court could transfer a case to criminal court, there must be a hearing to consider the transfer; the defendant must have the assistance of defense counsel if requested; defense counsel must have access to social records kept by the juvenile court; and the reasons for the juvenile court's decision to transfer must be stated.

94) Short Answer

In McKeiver v. Pennsylvania, the Court held that juveniles were not entitled to a trial by jury.

The three main reasons are as follows: - The Court did not want to turn the juvenile court into a fully adversarial process.

- The Court determined that bench trials could produce accurate determinations.

- The Court felt that it was too early to completely abandon the philosophy of the juvenile court and its treatment mission.

95) Short Answer

Answers may include any five of the following: The seriousness of the offense The police organization The community The wishes of the complainant The demeanor of the youth The gender of the offender The race and social class of the offender

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96) Short Answer

At the typical waiver hearing, probable cause must be shown. In addition, the prosecutor may be required to show that the youth presents a threat to the community, existing juvenile treatment programs would not be appropriate, and/or programs within the adult system would be more appropriate.

97) Short Answer

Teen courts use the adult judge model, youth judge model, tribunal model, and peer jury model.

The adult judge model is used most frequently, in nearly half of all teen courts.

98) Short Answer

Answers will vary, but students should address the offender's lack of a prior history, his compliant demeanor, his intent to seek shelter, and the nature of the status offense of running away against the charge of burglary—because he had no intent to steal. They must then determine whether the school wishes to press charges for trespassing, or unlawful entry, and make a recommendation about whether the boy should be informally or formally handled. If all information checks out with the school and the boy's parents, the police may make a recommendation for family counseling or probation.

99) Short Answer

Answers will vary, but students should address the intake process, which will screen the case and probably make a recommendation to the prosecutor to transfer (or certify or waive) this case to the criminal justice system. The boy's age will be weighed against the seriousness of the crime, murder, and possession of a weapon, as well as the boy's gang membership. If convicted, this gang member will likely face the prospects of an institutional program for juveniles extending into adult incarceration, depending on the nature of the jurisdiction of the sentencing judge (exclusive-blend, contiguous-blend, inclusive-blend). Students should address whether any programs in prison would benefit the gang member because of his age.

100)

Short Answer

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Teen courts or youth courts are a new way of dealing with relatively young and usually first-time offenders charged with offenses such as theft; vandalism; misdemeanor assault; disorderly conduct; and possession of alcohol, marijuana, and tobacco. As of March 2010, there were 1,050 teen court programs in the United States, up from about 50 in 1991. Connecticut was the only state without at least one teen court as of March 2010.

Teen courts are based on one of four models: 1. Adult judge—An adult serves as judge and rules on legal matters and courtroom procedure.

Youths serve as attorneys, jurors, clerks, bailiffs, and so on. Approximately 58 percent of teen courts use the adult judge model.

2. Youth judge—This is similar to the adult judge model, but a youth serves as judge.

Approximately 18 percent of teen courts use the youth judge model.

3. Tribunal—Youth attorneys present the case to a panel of three youth judges, who decide the appropriate disposition for the defendant. A jury is not used. Approximately 10 percent of the teen courts use the tribunal model.

4. Peer jury—This model does not use youth attorneys; the case is presented to a youth jury by a youth or adult. The youth jury then questions the defendant directly. Approximately 31 percent of teen courts use the peer jury model.

101)

Short Answer Aftercare involves the provision of services to assist youths in successfully making the transition from juvenile institutions to life back in the community. The services are the same as those provided by other types of community-based programs and may include foster care, shelter or group home placement, home placement, or efforts to help youths live on their own. Parole is also a form of aftercare. The quality of many aftercare programs is questionable, and in some cases, youths fail to receive any services after institutional release. Like probation supervision, parole supervision may involve very little contact between parole officers and parolees. Large caseloads carried by aftercare workers may prevent the provision of meaningful services.

Student name:__________ 1033) Which of the following might one expect if the future of law enforcement increasingly

reflects the principles and policies of the crime control model?

A) a greater emphasis on probable cause in detaining suspects B) broader police discretion C) decreases in the length of time a suspect may be detained before being charged D) more limitations on how the police attempt to combat crime

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1034) Under the crime control model, the investigative abilities of the police should be

improved and made easier by the expansion of ________.

A) arbitration B) cryonics C) bionics D) community policing

1035) In which of the following ways may advances in electronic surveillance facilitate greater

intrusion into people's lives?

A) Potential offenders may be more likely to refrain from crime if they believe they face a greater risk of being caught.

B) Video documentation of criminal activity will allow cases to be closed with the help of video evidence.

C) Perceptions of safety among law-abiding citizens may increase, encouraging them to make greater use of public spaces where they can serve as informal guardians and potential witnesses.

D) Advances in bionics may increase police abilities to observe from longer distances.

1036) To the extent that the crime control model is followed in the use of electronic

surveillance, whose vision of society, according to your textbook, may become a reality in the United States?

A) George Orwell B) Victor Hugo C) Charles Dickens D) H.G. Wells

1037) A major concern regarding the use of DNA technology is A) why DNA is used when fingerprints seem adequate.

B) how to ensure accuracy and certainty with DNA samples.

C) how a DNA database will be collected and used.

D) how to take DNA samples from state and federal inmates.

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1038) ________ involves replacing human body parts with mechanical ones.

A) Cryonics B) Arbitrage C) Bionics D) Biometrics

1039) Which of the following cities has the most extensive network of surveillance cameras,

known as the "Ring of Steel"?

A) New York B) London C) Paris D) Moscow

1040) What would a "smart gun" do?

A) Limit the likelihood of excessive force on the part of a police officer B) Reduce the risk of suicide by cop C) Electronically disable itself if taken from a police officer during a struggle D) Automatically aim at the target selected by the officer

1041) Advocates of the crime control model consider ________ at any stage, other than perhaps

at trial, a luxury and an unnecessary impediment to the efficient operation of the process.

A) the use of DNA technology B) victims' rights C) legal representation D) the adversarial system

1042) Supporters of which of the following maintain that a crafty lawyer may be able to win the

freedom of a factually guilty client by means of a legal technicality?

A) the due process model B) the assembly-line justice C) the liberal model D) the crime control model

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1043) Due process model advocates believe that the ________ is a critical stage in the

administration of justice.

A) preliminary hearing B) plea bargaining process C) investigation D) bail decision

1044) According to due process model advocates, the ________ is a sham because it has

become nothing more than a rubber stamp for the prosecutor.

A) arraignment B) grand jury C) bench trial D) preliminary hearing

1045) How are jurisdictions today limiting judicial discretion in sentencing?

A) Reducing the use of plea bargaining B) Using sentencing guidelines C) Discouraging the use of appeals D) Increasing the focus on cultural diversity issues

1046) If the crime control model dominates the future of the administration of justice, it is likely

that ________ will be strongly discouraged and limited.

A) grand juries B) plea bargains C) appeals D) preventive detention

1047) If the due process model dominates the administration of justice in the future, there will

probably be no limitations on ________.

A) grand juries B) preventive detention C) plea bargaining D) the right to appeal

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1048) In the future, there may be no practical need for a separate juvenile justice process

because A) juvenile offenders are being treated exactly the same as adult offenders in many situations.

B) juvenile offenses are decreasing sharply and are ceasing to be a problem to the American society.

C) community-based juvenile corrections and diversion programs seem to be replacing the more formal juvenile court system.

D) a return to the more hands-on, paternalistic system of juvenile justice calls for a less formal system than is currently in place.

1049) Participatory justice is a form of ________.

A) punitive justice B) incapacitation C) restorative justice D) deterrence

1050) Which of the following is a strategy in which disappointment is expressed for an

offender's actions, the offender is shamed and punished, and there is a concerted effort on the part of the community to forgive the offender and bring him or her back into society?

A) mediation B) reintegrative shaming C) arbitration D) deterrence

1051) Research findings from ______ were used in the case of Roper v. Simmons, in which the

Supreme Court struck down the death penalty for juveniles.

A) cryonics B) biometrics C) DNA D) neuroscience

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1052) In the future, the primary goal in the area of corrections is likely to be _________.

A) cryonics B) due process C) rehabilitation D) crime control

1053) Which of the following reforms would be supported by advocates of the "smart justice"

movement?

A) Expanding tough-on-crime laws B) Ending the war on marijuana C) Increasing the use of incarceration D) Privatizing corrections

1054) Which of the following amendments to the U.S. Constitution will have to be respected

and will be likely to place limits on corrections in the future?

A) the Fourth Amendment B) the Sixth Amendment C) the Eighth Amendment D) the Fourteenth Amendment

1055) ________ is a dispute resolution process that brings disputants together with a third party

who is trained in the art of helping people resolve disputes. The agreed-upon resolution is formalized into a binding consent agreement.

A) Mediation B) Restitution C) Arbitration D) Litigation

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1056) In the context of the future of the administration of justice, which of the following is an

argument put forward by the advocates of the due process model?

A) The expanded use of pretrial detention will encourage more factually guilty offenders to plead guilty.

B) After trial, during the appellate process, the availability of legal counsel will reduce the speed with which a case can be brought to closure.

C) Legal counsel must be made available immediately after arrest to prevent the likelihood of innocent people being subject to harassment by agents of the state.

D) The use of plea bargaining should be expanded, and the number of criminal trials reduced.

1057) Which of the following is likely to happen if the future of law enforcement reflects the

principles and policies of the due process model?

A) Adherence to the Miranda requirements will become even more routine among police officers than it is currently.

B) Good-faith exceptions to protections against compelled self-incrimination will be allowed.

C) The present 48-hour limitation on the length of time a suspect may be held before being charged will be eliminated.

D) The practice of detaining and arresting suspects for investigation without probable cause will increase substantially.

1058) If the future of law enforcement reflects the principles and policies of the crime control

model, then one might expect: A) the Supreme Court to completely remove the Fifth Amendment protection against compelled self-incrimination.

B) the Supreme Court's decision in Miranda v. Arizona to be upheld, preventing coerced confessions from being admissible at trial.

C) the length of time a suspect may be held before being charged to decrease.

D) the practice of detaining and arresting suspects for investigation without probable cause to increase.

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1059) In the context of the future of the administration of justice, which of the following is an

argument put forward by the advocates of the crime control model?

A) The right to appeal is a significant and indispensable part of the criminal justice process in which earlier errors and infringements of rights can be corrected.

B) It is a waste of time and money to conduct a preliminary testing of the evidence and charges imposed because prosecutors have little reason to pursue cases that are unlikely to lead to conviction.

C) Prior to trial (e.g., during interrogation), providing counsel to a suspect greatly increases the ability of the police to investigate a case.

D) People accused of crimes should be entitled to remain free until they are found guilty unless they are unlikely to appear when required or they pose a significant threat to society.

1060) If the principles and policies of the due process model dominate the future of the

administration of justice, then it is likely that A) the current right to counsel will be retained.

B) the preliminary hearing will be abolished.

C) the grand jury will be eliminated.

D) the use of pretrial detention will be expanded.

1061) According to the FBI's counterterrorism policy, terrorists are _________.

A) criminals B) freedom fighters C) soldiers D) revolutionaries

1062) The first response to the events of 9/11 was the passage of A) The USA PATRIOT Act. B) The Homeland Security Act. C) The Terrorism Prevention Act. D) The Immigration and Nationality Act.

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1063) Which of the following statements is true of the FBI following the events of 9/11?

A) A National Joint Terrorism Task Force was established at FBI headquarters B) The FBI was moved to the Department of Homeland Security C) The Foreign Intelligence Surveillance Court was placed under the authority of the

FBI D) The majority of FBI agents were reassigned to work on counterterrorism

1064) Greater intrusion into people's lives will be facilitated by future advances in electronic

surveillance. ⊚ true ⊚ false

1065) The FBI's Next Generation Identification (NGI) system includes iris scans, palm prints,

and voice recordings as well as records of fingerprints, scars, and tattoos. ⊚ true ⊚ false

1066) The police have lagged behind other government agencies in the amassing of biometric

data. ⊚ true ⊚ false

1067) Many police departments are equipping themselves with Mobile Offender Recognition

and Information Systems (MORISs). ⊚ true ⊚ false

1068) Some judges are requiring biometric data from defendants in exchange for more lenient

sentences. ⊚ true ⊚ false

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1069) Some Occupy Wall Street protesters, who were arrested for trespassing and disorderly

conduct, were given bail amounts based on whether or not they consented to an iris scan during their booking. ⊚ true ⊚ false

1070) If due process model principles dominate the future, robots may be used routinely in

hostage situations and in the arrest of dangerous suspects. ⊚ true ⊚ false

1071) Some police departments have plans to put small wireless video cameras on police

officers' lapels and to install equipment in patrol cars that will allow officers to remotely monitor video feeds from banks. ⊚ true ⊚ false

1072) Automatic license number plate recognition systems use infrared (IR) cameras and

sophisticated software to recognize the letters and numbers on a plate and compare them with a database to detect vehicles of interest. ⊚ true ⊚ false

1073) The due process model would call for limits on the police use of electronic surveillance. ⊚ true ⊚ false

1074) Taking DNA samples shortly after birth from all infants born in the U.S. to create a

national DNA database would be supported by proponents of the due process model. ⊚ true ⊚ false

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1075) Crime control model supporters believe that the right to counsel should be limited. ⊚ true ⊚ false

1076) Due process model supporters would call for the grand jury to be eliminated. ⊚ true ⊚ false

1077) If the crime control model dominates the administration of justice, the use of plea

bargaining will likely be significantly limited. ⊚ true ⊚ false

1078) Today, the preliminary hearing is used mostly for testing evidence against the defendant. ⊚ true ⊚ false

1079) Due process model advocates generally agree that prosecutors and judges can predict

accurately which defendants actually pose a significant threat and which do not. ⊚ true ⊚ false

1080) In the future, the types of cases routinely heard in criminal courts are likely to change

somewhat and to reflect more strongly the problems confronted by the elderly. ⊚ true ⊚ false

1081) The New Mexico Supreme Court ruled that people cannot be disqualified from serving as

jurors simply because they do not speak English. ⊚ true ⊚ false

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1082) If the crime control model dominates the future, criminal courts will probably have to

handle an increasing number of juvenile offenders. ⊚ true ⊚ false

1083) It is conceivable that sometime in the future the entire juvenile justice system could be

eliminated entirely. ⊚ true ⊚ false

1084) A Florida court recently held that the admission of neuroscience evidence during capital

sentencing is grounds for a reversal. ⊚ true ⊚ false

1085) Because of studies that question the reliability of neuroimaging evidence, courts have

excluded brain-imaging evidence during criminal trials to support claims that defendants are insane. ⊚ true ⊚ false

1086) According to your textbook, eyewitness identifications could be aided by using

neuroscience. ⊚ true ⊚ false

1087) Neuroscience findings were excluded from consideration in the case of Roper v.

Simmons, in which the Supreme Court struck down the death penalty for juveniles. ⊚ true ⊚ false

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1088) The goal of the Global Justice XML Data Model is the nationwide exchange of

information. ⊚ true ⊚ false

1089) In the future, limits may be placed on corrections by the Eighth Amendment. ⊚ true ⊚ false

1090) If the due process model is fully embraced, it is possible that the Supreme Court's

decision in Miranda v. Arizona could be overturned and that coerced confessions would be admissible at trial. ⊚ true ⊚ false

1091) If the future of law enforcement increasingly reflects the principles and policies of the

due process model, then Americans should expect existing limitations on how the police combat crime to remain intact or even be expanded. ⊚ true ⊚ false

1092) Due process model enthusiasts advocate the abolition of the preliminary hearing. ⊚ true ⊚ false

1093) Most "smart justice" advocates view it as an evidence-based approach to helping former

offenders live as law-abiding citizens once they are released from prison. ⊚ true ⊚ false

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1094) The critical focus of the "smart justice" movement generally is on tough-on-crime laws

that, according to its advocates, have caused unjust sentences, mass incarceration, and wasteful spending. ⊚ true ⊚ false

1095) According to the Federal Bureau of Investigation's (FBI's) counterterrorism policy,

terrorism and crime are separate phenomena. ⊚ true ⊚ false

1096) The USA PATRIOT Act created the crime of domestic terrorism. ⊚ true ⊚ false

1097) The FBI is part of the Department of Homeland Security. ⊚ true ⊚ false

1098) After the events of 9/11, the FBI moved to focus on intelligence and counterterrorism. ⊚ true ⊚ false

1099) In 2008, in Boumediene v. Bush, the U.S. Supreme Court ruled that the then

approximately 260 detainees at the supermaximum-security prison at Guantánamo Bay Naval Base in Cuba did not have the constitutional privilege of habeas corpus. ⊚ true ⊚ false

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1100) Why is it unlikely that plea bargaining will ever be completely eliminated from the

American court system?

1101) List the three possible ways discussed in the text in which future American criminal

courts may be forced to adapt their routines and personnel to changing demographics.

1102) What is the most frequent criticism of the war on terrorism? Discuss some of the risks

associated with the USA PATRIOT Act.

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Answer Key Test name: chapter 14 1) B 2) D 3) D 4) A 5) C 6) C 7) B 8) C 9) C 10) D 11) A 12) B 13) B 14) C 15) D 16) A 17) C 18) B 19) D 20) D 21) B 22) C 23) A 24) C 25) A 26) D 27) B 28) A 29) A 30) A 31) A 32) TRUE 33) TRUE 34) FALSE 35) TRUE 36) TRUE 37) TRUE

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38) TRUE 39) TRUE 40) TRUE 41) TRUE 42) FALSE 43) TRUE 44) TRUE 45) FALSE 46) FALSE 47) FALSE 48) TRUE 49) TRUE 50) TRUE 51) TRUE 52) FALSE 53) FALSE 54) TRUE 55) FALSE 56) TRUE 57) TRUE 58) FALSE 59) TRUE 60) FALSE 61) TRUE 62) TRUE 63) FALSE 64) TRUE 65) FALSE 66) TRUE 67) FALSE 68) Short Answer

Plea bargaining will probably not be eliminated entirely, even in a legal atmosphere dominated by due process model principles and policies, because the time and expense involved in subjecting every criminal case to a trial would be impractical and prohibitive.

69) Short Answer

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Future changes may include the following: A greater sensitivity of court personnel to cultural diversity issues An increased ability of court personnel to communicate effectively with non-English-speaking people A more culturally and racially diverse workforce that better reflects the demographic characteristics of the population it serves 70) Short Answer

The most frequent criticism of the war on terrorism is that some of the legislation enacted and tactics allowed threaten the very rights and freedoms that the war on terrorism is trying to preserve. Some people worry that provisions of the USA PATRIOT Act and other similar legislation designed for the war on terrorism—provisions that override or set aside traditional procedural safeguards—will become a permanent part of the way criminal justice is administered in the United States. Some people are concerned that law enforcement strategies implemented to fight the war on terrorism—strategies that remove traditional constraints on law enforcement activity—will become commonplace in the ways law enforcement officers carry out their duties.

There is no doubt that the collapse of the World Trade Center's twin towers changed the United States in unanticipated ways. The challenge faced by the United States in this Age of Terrorism is to defend domestic security without sacrificing the rights and freedoms of American citizens.

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