The good news is that your two-hour final exam is no longer
proctored or closed book. In other words, you can use your notes
and textbook to complete the test.
I must remind you, however, to keep an eye on the clock w
...
The good news is that your two-hour final exam is no longer
proctored or closed book. In other words, you can use your notes
and textbook to complete the test.
I must remind you, however, to keep an eye on the clock when you
take your final exam. You must submit your answers prior to the
two-hour limit. AT the 120 minute mark, the computer will
automatically log you out of the testing area and your
answers may not be saved. It would not be fair to the other
students to simply allow you access back into the final exam
testing area since this would provide you with four hours to
finish the test.
You will avoid all problems by simply setting an alarm or taking
some other action to ensure your final exam test answers are
forwarded before the two-hour time limit is reached.
Note the following information regarding the final exam:
1) The first section contains twenty-five fill-in-the blank questions. These
questions will be similar to your midterm except for the obvious fact that you
won't have access to the textbook during the final exam. Read the assigned
chapters carefully, complete the self-check exercises, review past quizzes,
and listen to the audio lectures.
2) The second section consists of five short-answer essay questions.
These essays are designed to be answered in ten minutes each. Most
student can hit all of the key points in four short paragraphs.
While I can't give you the exact question in advance, I can provide you with
the general subject matter for each question. Prior to the final exam,
carefully review the sections in the text that pertain to these topics:
a. individual rights perspective & public order advocates;
b. legal concept of insanity and the insanity defense;
c. community policing;
d. exclusionary rule;
e. just deserts philosophy.
Week 3 - Quiz 1
Explain how the USA PATRIOT Act of 2001 creates controversy
between supporters of the individual-rights perspective and the publicorder advocates.
The USA PATRIOT Act of 2001 was a federal legislative response to the events
of September 11, 2001, that provided law enforcement with new tools to combat
terrorism. In order to deter and thwart the growing threats to American society,
surveillance has shifted from reactive to proactive. These proactive anti-terrorism
efforts involve a wide variety of new intelligence activities designed to improve
public safety. However, as the USA PATRIOT Act broadens the power of federal law
enforcement agencies to conduct surveillance, the controversy between individualrights advocates and public-order advocates deepens. On one hand, those who
support the individual-rights perspective would question whether excessive
surveillance by some law enforcement agencies might exceed what is necessary to
protect members of society. On the other hand, the public-order advocate would
acknowledge that if people are to feel safe in their homes, at work, or in travel,
personal freedoms must be limited in order to protect all members of society.
Balancing the concerns of both the individual-rights advocate and the public-order
advocate will continue to create new challenges for the criminal justice system.
Outline and explain the various amendments that provide due process for
a defendant in a criminal proceeding.
The Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution guarantee
certain rights in the processing of a criminal defendant. In a legal context, the due
course of legal proceedings must follow rules established for the protection of the
individual accused of a crime.
For example, the Fifth Amendment specifically mandates the recognition of
individual rights in the processing of a defendant by the criminal justice system. The
Sixth Amendment has been interpreted to afford legal counsel for defendants who
are unable to pay for such services. More specifically, the Fourteenth Amendment
requires that all states in the union provide these aforementioned constitutional
safeguards to every U.S. citizen. The Fifth, Sixth, and Fourteenth Amendments to
the U.S. Constitution establish a benchmark of fairness in the American system of
criminal justice by governing the government’s actions.
What is meant by the term due process of law? Where in the American
legal system are guarantees of due process found?
Due process means procedural fairness. Due process of law includes a law creating
and defining an offense, an impartial tribunal, an accusation in proper form, a notice
and opportunity to defend, a trial according to established procedures, and a
discharge unless the person is convicted. These rights are guaranteed by the Fifth,
Sixth, and Fourteenth Amendments.
Discuss the factors that contributed to an increase in the crime rate
during the 1960s.
Following the conclusion of World War II, millions of young men returned to
civilian life. As a result, a postwar baby boom occurred, which resulted in a
skyrocketing birthrate. Thus, by 1960 the baby-boom generation was entering the
teenage years. Given that a significant percentage of arrests typically involve those
under age 25, a disproportional number of "crime prone aged" youth were now
representative of the total population. Also, there were efforts by major police
departments to improve professionalism by encouraging victims to file
police reports. As the media publicized the rise in crime, some argue that this
sensitized victims to the importance of reporting criminal activity. Additionally,
many aspects in the quality of American life in the 1960s contributed to the
skyrocketing crime rates. The influx of psychedelic drugs, arising divorce rate, and
the growth in secularism strained the social norms that governed society’s behavior.
Arguably, as these social norms became weakened, control over individual behavior
and crime became increasingly difficult.
What is meant by the term evidence-based practice, and what is the role
of research in criminal justice? How can research influence crime control
policy?
Research has become a major component of criminal justice and has served to
increase professionalism, in practice and in theory. Evidence based practice comes
from sound research.
Whereas evidence usually refers to a crime, here it refers to findings that are
supported by research studies. Criminal Justice research influences policy by
providing sound research on which policy can be based.
Describe the principal findings that the National Crime Victimization
Survey revealed over the past decades.
The National Crime Victimization Survey found that only 50% of violent crimes
are actually reported to police and that one in four households is affected by crime
each year. As for location of crime, city residents were two times more likely than
rural residents to be the victim of crime. Additionally, the survey identified the
characteristics common to many crime victims:
Men were more often victims of crime than women; younger persons were more
likely than the elderly to be victims; and African-Americans were more likely to be
victims of violent crimes than Caucasians, with younger African-Americans having
the highest victimization rate. Many researchers believe that self-reporting surveys
provide us with a more accurate crime picture than do police reports.
List and describe the eight general features of crime. What are the “three
conjoined elements” that comprise the legal essence of the concept of
crime?
(1) Actus Reus—The guilty act.
(2) Mens Rea—The guilty mind.
(3) Concurrence—The coexistence of (1) an act in violation of the law and (2)
a culpable mental state.
(4) Causation—The concurrence of mind and act must produce harm.
(5) Harm—The harm caused by the crime.
(6) Legality—Refers to the existence of a law that prohibits or mandates an action.
(7) Punishment—The sanctions imposed for violating the law.
(8) Necessary Attendant Circumstances—The facts surrounding an event.
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