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CRJ_100 Test bank updated 2020 _ Strayer University | CRJ100 Test bank updated 2020

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CRJ_100 Test bank updated 2020 _ Strayer University TEST BANK Chapter 1 MULTIPLE CHOICE 1. As a result of an increase in violent behavior during the 19th Century in America, early Crimi... nal Justice agencies: a. Rarely worked together in a systematic fashion b. Worked together to create a seamless process of arrest and punishment c. Appointed President Lyndon Johnson to the Wickersham Commission d. Were primarily created in Washington D.C and Virginia REF: p. 6 OBJ: 02 2. Which of the following statements is true? a. From 1900 to 1935, the U.S. experienced a sustained increase in criminal activity. b. Organized gangs flourished in the largest cities of the U.S. in the early 1900s. c. The first criminal gangs formed before the Civil War in urban slums. d. All of the above statements are true. REF: p. 6 OBJ: 02 3. What commission, appointed by President Herbert Hoover, made a detailed analysis of the U.S. justice system and helped usher in the era of treatment and rehabilitation? a. Chicago Crime Commission b. American Bar Foundation Commission c. Wickersham Commission d. President's Commission on Law Enforcement and Administration of Justice REF: p. 7 OBJ: 03 4. The use of the term "criminal justice system" reflected a view that justice agencies could be connected in an intricate yet often unobserved network of decision-making processes. When was the term "criminal justice system" first used? a. After the findings of the Chicago Crime Commission b. After the findings of the American Bar Foundation project c. After the findings of the Wickersham Commission d. After the findings of the President's Commission on Law Enforcement and Administration of Justice REF: p. 7 OBJ: 03 5. In the 1950s, the American Bar Foundation project discovered that: a. Most citizens were fearful of the police. b. Racial profiling was a serious problem. c. Most crime was not reported to the police. d. The justice system kept many procedures hidden from the public. REF: p. 7 OBJ: 03 6. The contemporary criminal justice system can be divided into three main components: a. Law enforcement, the courts, and the legislature. b. The courts, the correctional system, and the legislature. c. Law enforcement, the courts, and the correctional system. d. Law enforcement, the correctional system, and the legislature. REF: p. 7-9 OBJ: 04 7. The corrections system is vast and costs federal, state, and local governments: a. About $70 billion per year. b. About $115 billion per year. c. About $165 billion per year. d. About $215 billion per year. REF: p. 9 OBJ: 05 8. The exercise of power is granted to those who control the criminal justice system. In policing they are given the power to; a. charge b. punish c. use force, when necessary d. sentence ANS: C REF: p. 8 OBJ: 05 9. What is known about the correctional population in the United States over the past decade? a. The correctional population has been consistently decreasing with 7 million people currently under the control of the correctional system. b. The correctional population has been consistently increasing with 7 million people currently under the control of the correctional system. c. The correctional population has fluctuated widely over the years with 7 million people currently under the control of the correctional system. d. The correctional population has remained steadily constant with 7 million people currently under the control of the correctional system. REF: p. 9 OBJ: 05 10. Criminal justice can be viewed as a process that takes an offender through a series of decision points, beginning with arrest and concluding with reentry. Which of the following is an extralegal factor that critics argue may be involved in this process? a. Offender's race b. Offender's prior record c. Seriousness of offense d. Available evidence ANS: A REF: p. 9 OBJ: 06 11. Discretion by police officers occurs during the first four stages of the criminal justice process. In order, what are those stages? a. Initial contact, arrest, charging, custody b. Initial contact, investigation, arrest, charging c. Initial contact, investigation, arrest, custody d. Initial contact, arrest, investigation, charging REF: p. 9-11 OBJ: 06 12. In the formal criminal justice process all defendants must go through which stage to ensure proper sentencing/punishment/dismissal/closure? a. Arraignment b. Criminal trial c. Grand jury hearing d. Bail hearing ANS: A REF: 9-12 OBJ: 06 13. If the prosecution can present sufficient evidence, the grand jury will issue a(n) ____, which specifies the exact charges on which the accused must stand trial. a. true bill of indictment b. information c. charging bill d. nolle prosequi ANS: A REF: p. 10 OBJ: 06 14. At what stage of the formal criminal justice process does the defendant enter a plea of guilty or not guilty? a. Arraignment b. Criminal trial c. Preliminary hearing d. Bail hearing ANS: A REF: p. 10-11 OBJ: 06 15. Almost ____ percent of all cases end in a plea bargain, rather than a criminal trial. a. 60 b. 70 c. 80 d. 90 REF: p. 11 OBJ: 06 16. Which courts review whether the judge conducted the trial in an approved manner? a. Magistrate courts b. Special courts c. Appellate courts d. There is no court to review the conduct of the judge during trial. REF: p. 12 OBJ: 06 17. Approximately ____ percent of the people arrested on felony charges are eventually convicted in criminal court? a. 30 b. 40 c. 50 d. 60 ANS: A REF: p. 12 OBJ: 07 18. For every 1000 crimes, approximately ____ people are sent to prison. a. 20 b. 40 c. 60 d. 80 ANS: A REF: p. 12-13 OBJ: 07 19. Which of the following crimes would be placed in the top layer (layer 1) of the criminal justice "wedding cake"? a. A noted celebrity is arrested for shooting her bodyguard. b. A burglary occurs at a local tavern. c. An individual is arrested for public drunkenness. d. A first time offender assaults a friend. ANS: A REF: p. 15 OBJ: 08 20. According to this justice perspective, the proper role of the justice system is to prevent crime through the judicious use of criminal sanctions. It demands an efficient system that hands out tough sanctions to those who violate the law. a. Crime control b. Rehabilitation c. Due process d. Equal justice ANS: A REF: p. 16 OBJ: 09 21. Which of the following statements is false? a. Crime control advocates call for harsh punishment as a deterrent to crime. b. Crime control advocates do not want legal technicalities to help the guilty go free and tie the hands of justice. c. Crime control advocates argue the more efficient the system, the greater its effectiveness. d. Crime control advocates do not question the criminal justice system's ability to rehabilitate offenders. REF: p.16-17 OBJ: 09 22. According to this justice perspective, the justice system serves as a mechanism of caring for and treating people who cannot manage themselves. It assumes people are at the mercy of social, economic, and interpersonal conditions. a. Crime control b. Rehabilitation c. Due process d. Equal justice REF: p. 17 OBJ: 09 23. Adherents of this justice perspective believe that the greatest concern of the justice system should be providing fair and equitable treatment to those accused of committing a crime. a. Crime control b. Rehabilitation c. Due process d. Equal justice REF: p. 18 OBJ: 09 24. Proponents of this justice perspective are concerned about the effect of the stigma that criminal suspects bear when they are given negative labels such as "rapist" or "child molester." They believe that justice agencies should limit their involvement with criminal defendants. a. Rehabilitation b. Nonintervention c. Equal justice d. Restorative justice REF: p. 18-20 OBJ: 09 25. Which justice perspective advocates mediation rather than coercive punishment? a. Rehabilitation b. Nonintervention c. Equal justice d. Restorative justice REF: p. 20-21 OBJ: 09 26. If you believe that procedural fairness, civil rights, and the rule of law are inviolate principles, which justice perspective do you favor? a. Crime control b. Due process c. Equal justice d. Rehabilitation REF: p. 18 OBJ: 09 27. According to Non-Interventionists, the efforts to treat offenders may lead to further stigmata beyond the scope of the original offense is called? a. Deinstitutionalization b. Nolo Presequi c. Victimless crime d. Widening the Net of Justice REF: p. 19 OBJ: 09 \28. Advocates of this justice perspective point out that the justice system remains an adversarial process that pits the forces of the state against those of a solitary individual accused of a crime. a. Crime control b. Due process c. Nonintervention d. Rehabilitation REF: p. 18 OBJ: 09 29. Ethical issues transcend all elements of the justice system. Why are ethical standards so important in criminal justice? a. Without ethical decision making, it is possible that individual civil rights and liberties will suffer. b. Agents of the criminal justice system have access to citizens' most personal information, raising concerns of privacy and confidentiality. c. Justice system personnel may work in an environment where moral ambiguity is widespread. d. Ethical standards are important in the justice system for all these reasons. REF: p. 21-22 OBJ: 10 29. Which of the following is false regarding the ethical role of the prosecutor? a. S/he has an obligation to uphold the law and obtain convictions as vigorously as possible b. S/he must share all evidence with the defense c. His or her dual role as representative of the people and officer of the court is ethically challenging d. S/he may use scare tactics and intimidation REF: p. 24 OBJ: 10 30. Which of the following statements is false? a. Ethical issues transcend all elements of the criminal justice system. b. It is often difficult to determine what is fair and just and balance this concern with the needs of the public. c. Ethical issues stop with the arrest of a suspect. d. Ethical behavior is important in law enforcement because officers have the authority to deprive individuals of their liberty. REF: p. 22 OBJ: 10 TRUE/FALSE 1. Crime is higher today than it was in the 19th and early 20th centuries. ANS: F REF: p. 6 OBJ: 02 2. Of the components in the Criminal Justice System, usually the correctional component comes before the other two components ANS: F REF: p. 7-9 OBJ: 04 3. Criminal justice is defined as the system of law enforcement, adjudication, and correction that is directly involved in the apprehension, prosecution, and control of those charged with criminal offenses. ANS: T REF: p. 7-9 OBJ: 01 4. The contemporary criminal justice system is society's instrument of formal social control. ANS: T REF: p. 9 OBJ: 03 5. Most criminal cases are processed through the entire formal justice system. ANS: F REF: p. 12 OBJ: 06 6. Police officers can arrest someone if they have a "gut feeling" that the person is guilty of a criminal offense. ANS: F REF: p. 10 OBJ: 06 7. Less serious felonies make up the bottom layer (Level 4) of the criminal justice system wedding cake. ANS: F REF: p. 15 OBJ: 08 8. The crime control perspective views the justice system as a means of caring for and treating people who cannot manage themselves. ANS: F REF: p. 16 OBJ: 09 9. Non-Interventionists support the placement of first time offenders who commit minor crimes in informal community based treatment programs. ANS: T REF: p. 18 OBJ: 09 10. The Criminal Justice system employs more people than are under correctional supervision in the US. ANS: T REF: p. 9 OBJ: 10 COMPLETION 1. The first police agency was developed in 1829 in ____________________. ANS: London REF: p. 6 OBJ: 02 2. An ___________________ is the condition that in order to make an arrest in a misdemeanor, the arresting officer must have personally witnessed the crime being committed ANS: In presence requirement REF: p. 10 OBJ: 01 3. The term ____________________ became prominent around 1967 when the President's Commission on Law Enforcement and the Administration of Justice began a nationwide study of the nation's crime problem. riminal justice REF: p. 7 OBJ: 01 3. The ____________________ stage of justice gathers sufficient evidence to identify a suspect and support a legal arrest. ANS: investigatory REF: p. 10 OBJ: 06 4. When prosecutors decide to take no further action after conducting a preliminary investigation of the legal matters of a case it is referred to as a(n) ____________________. ANS: nolle prosequi REF: p. 10 OBJ: 06 5. ____________________ is the term used to describe the process through which large numbers of cases are systematically filtered out of the formal criminal justice process. riminal justice funnel REF: p. 13 OBJ: 07 6. The ____________________ is comprised of the prosecutor, defense attorney, judge, and other court personnel who function to streamline the process of justice. ourtroom work group REF: p. 14 OBJ: 07 7. Millions of misdemeanors, such as disorderly conduct, shoplifting, public drunkenness, and minor assault, comprise ____________________ of the criminal justice "wedding cake." Lower courts handle these cases in an assembly-line fashion. ANS: Level IV REF: p. 15 OBJ: 08 8. Decriminalization, deinstitutionalization, and pretrial diversion are favored by those adhering to the ____________________ perspective. ANS: nonintervention REF: p. 19 OBJ: 09 9. The goal of the ____________________ perspective is to enable the offender to appreciate the damage caused, to make amends, and to be reintegrated back into society. ANS: restorative justice REF: p. 20 OBJ: 09 10. The ____________________ perspective has influenced the development of sentencing policies that emphasize mandatory punishments. ANS: equal justice REF: p. 20 OBJ: 09 ESSAY 1. Illustrate, through the use of examples, that crime is not a recent phenomenon. ANS: Crime and violence have existed since the nation was formed. During the mid-nineteenth century, the struggle over slavery generated decades of conflict, crimes, and violence. Once again, during the Civil War crime was evident as it generated criminal gangs and widespread business crime. During the twentieth century the nation experienced sustained increase in criminal activity from 1900 to 1935. At this same time crime families developed in New York, Philadelphia, Chicago, and New Orleans. REF: p. 6-7 OBJ: 02 2. Explain why Herbert Packer describes the criminal justice process as an assembly line process. ANS: Herbert Packer sees each stage of criminal justice process as a decision point through which cases flow. The concept of the assembly line comes from the fact that although there are many people who commit crime and are arrested and charged only about 30 percent of people arrested on felony charges are eventually convicted in criminal court. Additionally, almost one-third of convicts are released back into the community without having to do time in prison. The assembly line concept of justice is once again used when one sees that for every 1000 crimes, about 20 people are sent to prison. REF: p. 12-13 OBJ: 07 3. Describe the main components of the contemporary criminal justice system. Include a discussion of the size of the system. ANS: The components of the contemporary criminal justice system include the police, courts, and corrections. The police are usually the first responders within the criminal justice system and provide the first contact that most individuals have with the system. The court system encompasses the disposition and sentencing phase of the system. The courts are charged with seeking the truth and imposing sanctions for those that have been convicted and found guilty. The correctional component focuses on carrying out the punishment that is handed down by the courts in addition to the security and the maintenance of the offender who is serving their sanction. The system employs about 2.4 million people in thousands of independent law enforcement, court related and correctional agencies. Per capita, the expenditure for criminal justice functions is now more than $720 for every American each year. REF: p. 8 OBJ: 05 4. Explain how the formal criminal justice system differs from the informal criminal justice system. What factors in the formal system of criminal justice impact and influence the informal criminal justice system? ANS: Few cases are actually processed through the entire formal system. A comprehensive view of formal criminal process normally includes but is not limited to: 1. Initial contact 2. Investigation 3. Arrest 4. Custody 5. Charging 6. Preliminary hearing/grand jury 7. Arraignment 8. Bail/detention 9. Plea bargaining 10. Trial/adjudication 11. Sentencing/disposition 12. Appeal/post-conviction remedies 13. Correctional treatment 14. Release 15. Post-release The informal system is used much more often than the formal system as many cases are settled in an informal pattern of cooperation between the major actors in the justice process. Upwards of 80 percent of all felony cases and over 90 percent of misdemeanors are settled without trial. REF: p. 9-12 OBJ: 06 5. Discuss how the criminal justice assembly line results in the concept of a "criminal justice funnel." What are the potential consequences of this model on society? ANS: The attempt to describe the criminal justice as an assembly line as funnel is appropriate. Although crime has declined in recent years, more than 14 million people are arrested each year. It is massive undertaking to process, treat, and care for millions of people. In actual practice, many suspects are released before trial because of procedural error, problems with evidence, and dismissal by the prosecutor thus justice can be viewed as funnel that holds many cases in the beginning but dwindles to relatively few cases at its end. REF: p. 12-13 OBJ: 07 6. The "wedding cake" model is an alternative to the traditional criminal justice flowchart. Using specific examples, elaborate the wedding cake model. Address how society and the justice system respond to crimes committed at each level. ANS: Samuel Walker describes the informal criminal justice process as a four-layer cake. Layer I involves celebrated cases such as Jared Lee Loughner who has been accused of shooting congresswoman Gabrielle Giffords and the Casey Anthony.murder trial and her acquittal. Layer II involves serious felonies that include rape and robbery. Layer III involves less serious felonies, offenses committed by young or first time offenders, or involves offenders known to one another such as domestic violence. Layer IV involves misdemeanors such as shoplifting, public drunkenness, minor assault. REF: p. 15 OBJ: 08 7. Compare the crime control perspective of criminal justice to the due process perspective of criminal justice. How do these two perspectives differ and why? Elaborate how the use of one of the alternate perspectives on justice might change society's view on crime and criminals. ANS: The Crime control perspective argues that the proper role of the justice system is to prevent crime through judicious use of criminal sanctions. The premise questions the criminal justice system’s ability to rehabilitate offenders and argues that legal technicalities should not help the guilty go free. On the other hand Due process proponents argue that the greatest concern of the justice system should be providing fair and equitable treatment to those accused of crime. Its Advocates believe that legal principle of fairness and due process must be upheld. They also point out that the justice system need to remain an adversarial process REF: p. 16-18 OBJ: 09 8. Compare and contrast the rehabilitation perspective of criminal justice to the restorative justice perspective of criminal justice. How do these two perspectives differ and why? ANS: The Rehabilitation perspective sees the justice system as a means of caring for and treating people who cannot manage themselves. It assumes that people are at the mercy of social, economic, and interpersonal conditions and interactions and argues that government programs can help reduce crime at both a societal and individual level. The restorative justice perspective may follow similar views in relation to the rehabilitation perspective but instead of fixing the individual the Restorative justice perspective argues that the true purpose of the criminal justice system is to promote a peaceful and just society by resolving conflict between criminal and victim should take place in the community in which it originated. The goal is to enable offender to appreciate the damage, make amends, and be reintegrated back into society. Often times this may not occur until rehabilitation has occurred. REF: p. 17, 20-21 OBJ: 09 9. Discuss the role of ethics in the monitoring of sexual offenders from the perspective of two different personnel in the criminal justice system (police officer, corrections officer, defense attorney, prosecutor, etc.). ANS: Sex offender laws are now used in all 50 states, and appeal to a political platform of ensuring that neighborhoods remain safe as well as appeasing the public’s desire to “do something” about child predators that live among us. For police officers, ethical behavior is particularly important in law enforcement because they have authority to deprive people of liberty. The role of monitoring sex offenders does not traditionally impact officers until a violation or suspected violation has occurred. Police officers strive to maintain considerable discretion over who to investigate, how the investigation should go, and how much effort is required. Monitoring Sex offenders may be one of the more difficult challenges for correctional officers despite the fact that they do not handle the traditional monitoring of sex offenders living in the community but rather while they are incarcerated. As sex offenders are often targets of victimization in prison and jail, Ethics are challenged by the discretion afforded to correctional workers and administrators. REF: p. 21-22 OBJ: 10 10. Why are ethics important in criminal justice? Choose a component of the justice system and discuss ethical issues of importance. ANS: Ethics today is an especially important topic considering the power granted to those in control. Without ethical decision making, individual civil rights or personal liberties may suffer. Moral ambiguity is often the norm in the environment of justice system personnel. Ethics is especially important when considering the court process and the defense attorney who is often confronted with conflicting obligations to his/her client and profession. Additionally, the prosecutor may become tested when dual role of prosecutor causes him/her to experience role conflict. REF: p. 21-25 OBJ: 10 TEST BANK Chapter 2 MULTIPLE CHOICE 1. Using this definition, criminal law is a set of rules, codified by state authorities that express norms, goals, and values of the vast majority of society a. Conflict b. Consensus c. Interactionist d. Moral entrepreneur REF: p.29 OBJ: 01 2. The statement; “The law is the instrument that enables the wealthy to maintain the position of power and to control the behavior of those who oppose their ideas” aligns with which view of crime? a. Conflict b. Consensus c. Interactionist d. Moral entrepreneur ANS: A REF: p.29 OBJ: 01 3. Which view of crime suggests that criminal law is structured to reflect the preferences and opinions of people who hold social power in a particular legal jurisdiction? a. Conflict b. Consensus c. Interactionist d. Moral entrepreneur REF: p. 30 OBJ: 01 4. A Crime Index is? a. an estimate of crimes committed b. an accurate picture of the number of crimes committed c. an estimate of crime that is not reported to the police d. a measure of all crime, including crimes reported and crimes not reported to the police REF: p 31 OBJ: 02 5. Which of the following crimes is not included on the list of Part I index crimes documented in the Uniform Crime Reports? a. Criminal homicide b. Motor vehicle theft c. Simple assault d. Arson REF: p. 31 OBJ: 02 6. What is considered to be the most widely cited source of criminal statistics? a. National Crime Victimization Surveys b. National Indicators of Drug Abuse c. Uniform Crime Reports d. Bureau of Justice Statistics REF: p. 31-32 OBJ: 02 6. What type of crime is not reported in Part I or Part II of the offense section of the UCR? a. Drug offenses b. Traffic violations c. Liquor law violations d. Sex offenses REF: p. 31-32 OBJ: 02 7. Which of the following is an index crime? a. Kidnapping b. Simple assault c. Motor vehicle theft d. Forgery REF: p. 32 OBJ: 02 8. Which of the following is one of the problems associated with the validity of the Uniform Crime Report? a. No federal crimes are reported. b. Reports are voluntary and vary in accuracy. c. If an offender commits multiple crimes, only the most serious is recorded. d. Crime rates per 50,000 people are computed. REF: p. 31 OBJ: 03 9. The National Crime Victimization survey is prepared by what agency? a. National Institute of Health b. Bureau of Justice Statistics c. Central Intelligence Agency d. Federal Bureau of Investigation REF: p.32 OBJ: 02 10. What data source relies on a multi-stage sample of housing units to collect information about citizen's encounters with criminals? a. National Crime Victimization Survey b. Uniform Crime Reports c. Monitoring the Future Survey d. National Incident-Based Reporting System ANS: A REF: p. 32 OBJ: 02 11. Which of the following is not a problem associated with the National Crime Victimization Survey (NCVS)? a. Over-reporting because of victim's misrepresentations of events. b. Incomplete acts are lumped together with completed ones. c. Underreporting stemming from the embarrassment of reporting crime. d. Individuals may misrepresent the time line of events REF: p. 32 OBJ: 03 12. The National Crime Victimization Survey asks participants to report on the frequency and characteristics of all but which one of the following crimes? a. Rape b. Murder c. Robbery d. Assault REF: p. 32 OBJ: 02 13. Which type of data prefers the use of interviews and questionnaires for high school students? a. Official b. Victimization c. Self-report d. Observational REF: p. 33 OBJ: 02 14. What type of study is the best measure of unreported crimes? a. Official records b. Prison data c. Self-report studies d. Victimization surveys REF: p. 33 OBJ: 03 15. Which of the following statements about the validity of self-report data is false? a. Serious chronic offenders usually cooperate. b. Institutionalized youth are not generally represented. c. Some surveys contain an overabundance of trivial offenses. d. The "known group" can be used to assess validity. ANS: A REF: p. 33 OBJ: 03 16. Most reported crimes occur during which season? a. Summer b. Fall c. Spring d. Winter ANS: A REF: p. 34 OBJ: 04 17. In 2010, what percent of 12th graders reported using drugs in the past year? a. 38 b. 50 c. 75 d. 90 ANS: A REF: p.34 OBJ: 04 18. The greater the proportion of ____________ in the population, the higher the crime rate and the greater the number of persistent offenders. a. Young women b. Young men c. middle-aged women d. middle-aged men REF: p. 40 OBJ: 05 19. Which regions of the country usually have significantly higher rates of crime? a. The Midwest and New England b. The West and the South c. The Midwest and the South d. New England and the West REF: p. 37-38 OBJ: 04 20. For serious violent crimes, the male-female arrest ratio is ____ males to 1 female. a. 2 b. 3 c. 4 d. 5 REF: p. 39 OBJ: 04 21. Which of the following groups experience violent crimes at a higher rate than other groups? a. Whites b. Latinos c. Asians d. African Americans REF: p. 39 OBJ: 04 22. When a man is the victim of a violent crime, the perpetrator is usually described as a(n): a. wife/girlfriend b. Acquaintance c. Stranger d. Relative REF: p.43 OBJ: 07 23. Cesare Beccaria advocated: a. Routine activities theory b. Social structure theory c. Social process theory d. Choice theory REF: p. 45 OBJ: 10 24. Which view of criminality argues that people commit crimes if they believe it will provide immediate benefits without the threat of long-term risks? a. Psychological theory b. Social structure theory c. Social process theory d. Choice theory REF: p.45 OBJ: 10 25. According to ____________ theory, indicators of neighborhood disorder are highly predictive of crime rates. a. Conflict b. Social structure c. Social process d. Developmental REF: p. 48 OBJ: 10 26. Which view of crime suggests that individuals are born "good" and become "bad" as they mature? a. Social control theory b. Social structure theory c. Social learning theory d. Social reaction theory REF: p. 49 OBJ: 10 27. __________________ maintains that everyone has the potential to become criminal. a. Social learning theory b. Social control theory c. Social reaction theory d. Social structure theory REF: p. 50 OBJ: 10 28. ___________ theory focuses on the economic and political forces operating in a society and views these forces as the fundamental causes of criminality. a. Conflict b. Social structure c. Developmental d. Social control ANS: A REF: p. 50 OBJ: 10 29. ____________ theory recognizes that as people mature, the factors that influence their behavior change. a. Social structure b. Psychological c. Developmental d. Social process REF: p. 50 OBJ: 10 30. In a study entitled Delinquency in a Birth Cohort, researchers found that chronic offenders a. Commit the most violent acts of all criminals b. Are deterred from further criminality if arrested during youth chronic offending c. Become adult repeat offenders d. Are more likely to continue criminality if they are female REF: p. 41 OBJ: 08 TRUE/FALSE 1. It is estimated that there are more than 850,000 gang members in the United States. ANS: T REF: p. 35 OBJ: 07 2. As the number of guns in the population increases, so does the violent crime rate. ANS: T REF: p. 35 OBJ: 05 3. Crime rates appear to be increasing around the world as they decline in the United States. ANS: T REF: p. 38 OBJ: 06 4. Underdeveloped nations have murder rates significantly lower than the United States. ANS: F REF: p. 38 OBJ: 06 5. Research suggests that a distinct relationship exists between crime rates and urbanization. ANS: T REF: p. 40 OBJ: 05 6. The availability of legalized abortion is one factor that has recently been theorized to explain the drop in crime rates. ANS: T REF: p. 35 OBJ: 05 7. Cultural transmission is the process where people learn the techniques and attitudes of crime from relationships with criminal peers ANS: F REF: p. 49 OBJ: 04 8. Self-report studies indicate a significant rise in the number of teens using drugs. ANS: F REF: p. 33 OBJ: 05 9. African Americans account for almost 50 percent of Part I violent crime arrests. ANS: F REF: p. 31 OBJ: 04 10. When violence rates surged in the 1980’s, the increase was due almost entirely to young people. ANS: T REF: p, 40-41 OBJ: 04 COMPLETION 1. Crime, most simply, is a violation of ____________________. riminal law REF: p. 29 OBJ: 01 2. ____________________ is another name associated with the 8 index crimes from the Uniform Crime Reports. ANS: Part I crimes REF: p. 31 OBJ: 02 3. The ____________________ view of crime suggests that moral entrepreneurs define crime. ANS: Interactionist REF: p. 30 OBJ: 01 4. Murder, forcible rape, robbery, burglary, larceny, motor vehicle theft, arson, and ____________________ make up the FBI's Part I crimes. ANS: aggravated assault REF: p. 31 OBJ: 02 5. Criticisms of UCR data include ______________ of the victims and law enforcement ANS: reporting practices REF: p. 31 OBJ: 03 6. The ____________________ is one who has serious and persistent brushes with the law and whose behavior may be excessively violent and destructive. hronic/career offender/criminal REF: p. 41 OBJ: 08 7. ____________________ question large groups of high school students about their participation in criminal or delinquent acts. ANS: Self-report survey REF: p. 31 OBJ: 02 8. The _____________________ states that as the poverty of minorities in the population increases, so too does the amount of social control that the public directs at those minority group members ANS: Racial threat hypothesis REF: p. 40 OBJ: 07 9. Modern ____________________ theories of crime believe that elements of the environment interact with biological factors to control and influence behavior. iosocial REF:p. 45 OBJ: 10 10. According to ____________________ theory, disruptions in life's major transitions can be destructive and ultimately can promote criminality. evelopmental REF: p. 50 OBJ: 10 ESSAY 1. Explain the three significant methods used to measure the nature and extent of crime. Address the advantages and disadvantages of each method. ANS: The Uniform Crime Report (UCR) is the best known and most widely cited source of aggregate criminal statistics. It tallies and annually publishes a number of reported offenses by city, county, standard metropolitan statistical area, and geographical divisions of the U.S. It also shows numbers and characteristics of individuals arrested for Part I and non-index Part II crimes, except traffic violations. It is not an accurate measure of crime on its own as it uses the hierarchy rule where it takes the most serious offense of every group of crime reported. The National Crime Victimization Survey (NCVS) asks crime victims about their encounters with criminals. It is the most important and widely used victim survey however validity issues include over-reporting, underreporting, inability to record personal criminal activity of those interviewed, sampling errors, and inadequate question format. Self-report surveys allow participants to reveal information about their violations and have focused mostly on juvenile delinquency and youth crime. Critics suggest that it is unreasonable to expect people to candidly admit illegal acts, that some people forget, exaggerate, or are confused about illegal acts, and that serious chronic offenders are unlikely to participate or be truthful. REF: p. 31 OBJ: 03 2. Elaborate the three views on defining crime. Discuss how and why some behaviors become illegal and are considered crimes while others remain non-criminal. ANS: There are three main views in defining crime. The Consensus view rests on the assumption that criminal law has social control function and crimes are those that are essentially harmful to a majority of citizens and are prohibited by the existing criminal law. The Conflict view states that crime is the outcome of class struggle between the rich and poor, have and have-nots resulting in the criminal justice system becoming an instrument of social and economic repression. Finally, The Interactionist view of criminal law is structured to reflect preferences and opinions of people who hold social power in a particular legal jurisdiction where campaigns are constructed to control behaviors that some view as immoral and wrong. REF: p. 29-30 OBJ: 01 3. Compare the trends in violent crime between the United States and one other country. ANS: It has been a long held belief that the United States was fatally crime prone and American culture, love of guns and frontier mentality was responsible for skyrocketing crime rates. The International Crime Victims Survey is now conducted in 60 countries and has found that several countries including Ireland, England and Wales, New Zealand and Iceland have high rates of victimization similar to the U.S. One country that has more reported robberies than the U.S. is England and Wales. High violence rates can be linked to drug trafficking, gang feuds, vigilantism, and disputes over tribal matters REF: p. 31 OBJ: 06 4. Describe the social, economic, personal, and demographic factors suggested by experts to account for the recent crime drop in the United States. ANS: There has been a distinct downward trend in the level of crime and victimization during the past decade. The drops are most pronounced in property crimes and burglary. One reason that may explain that decrease is that people are taking precautions to prevent crime. Improved security may also be one of the reasons behind the drop. Alternatively, there are many nations that are experiencing social and economic upheaval and have much higher crime rates than the United States. REF: p. 35 OBJ: 05 5. Summarize what self-report trends reveal about crime. ANS: Trends in self-reporting show that the use of most drugs has been in decline with the exception of marijuana and for the first time since the 1990’s ecstasy use seems to be on the rise. The crimes of theft, violence, and damage-related crimes are relatively stable. And there has been no visible reduction in self-reported criminality REF: p. 31 OBJ: 04 6. Discuss the intersection of race, class, gender, and crime victimization. ANS: Official crime data indicates minority group members are involved in a disproportionate share of criminal activity. Coupled with UCR arrest data that consistently show that males have much higher crime rate and commit more serious crimes than females. Crime rates are also highest crime rates highest in deprived, inner-city areas and that level of poverty and social disorganization in an area can predict its crime rate. REF: p. 39 OBJ: 07 7. Explain violent crime using one of the theories elaborated in the text. Discuss why this theoretical explanation is the most useful for understanding violent crime. ANS: Using rational choice theory that attempts to explain crime as a matter of rational decision making and personal choice. One can see that violent crime can be committed by anyone at anytime as long as they have the motivation to carry out their criminality. They may make a calculated decision by weighing the benefits and consequences of their actions. REF: p. 45 OBJ: 10 8. Compare and contrast social structure theory and social process theory. ANS: Social Structure Theory attempts to explain crime using the premise “ because they are poor”. It suggests there is an economic bias in the crime rate and the burden of urban poverty results in the development of a culture of poverty. Social process theory on the other hand attempts to explain crime as becoming socialized to the committing it. It states that people commit crime as a result of experiences they have while being socialized by various organizations, institutions, and processes of society. It also links family problems to crime as evidence that socialization, not social structure, is the key to understanding the onset of crime. REF: p. 48 OBJ: 10 9. Discuss the Delinquency in a Birth Cohort study and how its findings have shaped justice policy. ANS: The researchers in this study used official records to follow the criminal careers of almost 10,000 boys born in Philadelphia in 1945 until they reached age 18. They found; • About 2/3 of the cohort never had contact with police authorities • About 1/3 had at least one contact with police during their minority • Of the repeat offenders, a relatively small subgroup were arrested five times or more. These were chronic offenders who made up 6% of the total • The chronic offenders were responsible for 5,305 arrests or 51.9% of them. They committed 71 percent of the homicides, 73 percent of the rapes, 82% of the robberies, and 69% of aggravated assaults. The chronic offender concept has had a great impact on the criminal justice system. If a small number of offenders commit almost all serious crime than it would have an appreciable influence on the crime rate. This thought pattern has been responsible for the get-tough laws designed to put habitual offenders behind bars for long periods of time. REF: p. 41 OBJ: 08 10. Outline the tenets and significance of developmental theory for explaining crime. ANS: The developmental theory of crime attempts to explain criminality based on the premise that “life is a bumpy road”. The theory states that because transition from one stage of life to another can be a bumpy ride, propensity to commit crimes is neither stable nor constant; it is a developmental process. Additionally, disruptions in life’s major transitions can be destructive and can promote criminality REF: p. 50 OBJ: 10 TEST BANK Chapter 3 MULTIPLE CHOICE 1. American civil law is primarily concerned with: a. compensating the injured party for harm. b. protecting the public against harm. c. Controlling social values and mores. d. Contracting legal obligations between aggrieved individuals. ANS: A REF: p. 54 OBJ: 01 2. The branch of law that defines crimes and their punishment? a. Martial Law b. Substantive criminal law c. Civil Law d. Public Law REF: p. 54 OBJ: 01 3. Which of the following statements does not apply to criminal law? a. Crime is a public offense. b. The right of enforcement belongs to the state. c. Fines go to the state. d. Both parties can appeal. REF: p. 54 OBJ: 01 4. The law today can generally be divided into four broad categories. Which of the following is not one of these categories? a. Procedural criminal law b. Substantive criminal law c. Civil law d. Procedural civil law REF: p. 53 OBJ: 02 5. Which of the following is not a source of criminal law? a. Common law b. Biblical decree c. Statutes d. Case decisions REF: p. 56-57 OBJ: 03 6. Regardless of its source, all criminal laws in the U.S. must conform to the rules and dictates of the: a. U.S. Attorney’s Office b. U.S. Court of Appeals c. United States Senate d. U.S. Constitution REF: p. 56 OBJ: 03 7. The term stare decisis means: a. an eye for an eye. b. inherently evil. c. a statute created by a legislative body. d. to stand by decided cases. REF: p. 55 OBJ: 04 8. Sue has committed robbery with deadly weapon. This would be considered a __________ crime a. Mala in se b. Nolo Prequi c. Mala Prohibitum d. Civil REF: p. 56 OBJ: 04 9. What is the most common definition of a felony? a. A crime punishable in the statute by death or imprisonment in a state prison. b. Any crime punishable by imprisonment in a jail or state prison. c. A crime punishable by grand jury indictment. d. Any crime for which one can be imprisoned for more than three years in prison. ANS: A REF: p. 58 OBJ: 04 10. Which of the following is not legally considered a crime? a. Manufacturing dangerous drugs b. Selling dangerous drugs c. Being addicted to dangerous drugs d. All of these are legally considered crimes. REF: p. 62 OBJ: 04 11. Which of the following statements is false regarding the comparison of felonies and misdemeanors? a. A felony is an offense generally punishable by death or imprisonment in a penitentiary, whereas a misdemeanor is generally punishable by a fine or imprisonment elsewhere than in a penitentiary. b. A person convicted of a felony may be barred from certain fields of employment or some professions, whereas a person convicted of a misdemeanor is not. c. An arrest for a felony or misdemeanor may be made regardless of whether the crime was committed in the officer's presence, as long as the officer had reasonable grounds to believe that the person committed the crime. d. Distinguishing between a felony and a misdemeanor is sometimes difficult. REF: p.58 OBJ: 04 12. The individual's state of mind or intent to commit a crime is formally referred to as: a. stare decisis b. mala in se c. mens rea d. actus reus REF: p. 63 OBJ: 04 13. The term actus reus refers to the: a. measurement of mental ability b. exclusion of omission c. guilty person d. guilty act REF: p. 63 OBJ: 04 14. Certain statutory offenses exist in which mens rea is not essential. These offenses fall within a category known as: a. torts. b. strict liability crimes. c. mala in se crimes. d. stare decisis. REF: p. 60 OBJ: 05 15. Narcotics control laws, health and safety regulations, and sanitation laws are examples of what legal principle? a. Recklessness b. Criminal negligence c. Malice d. Strict liability REF: p. 60 OBJ: 05 16. Individuals that claim insanity as a criminal defense, may not have the ability to form __________. a. mala in se b. mens rea c. actus reus d. stare decisis ANS: B REF: p. 60 OBJ: 04 17. The defense of mistake ultimately rests on proving a(n): a. presumption of guilt b. lack of intent c. existence of extenuating circumstances d. post facto affirmative presumption of innocence due to entrapment REF: p. 62 OBJ: 06 18. The effect of intoxication upon criminal liability depends on: a. the type of intoxicant used. b. whether the defendant uses drugs or alcohol voluntarily. c. whether the consumption of intoxicant began prior to the crime. d. whether the defendant has prior convictions. REF: p. 60-61 OBJ: 06 19. Intoxication and age are examples of what? a. Legal defenses used to negate the required proof of mens rea b. Legal defenses that negate the required proof of actus reus c. Defenses based on double jeopardy d. Legal defenses based on a presumption of conclusive incapacitation ANS: A REF: p. 61 OBJ: 06 20. Which standard of the insanity defense excuses a person whose mental disease makes it impossible to control their conduct? a. Durham Rule b. Products Test c. M'Naghten Rule d. Irresistible Impulse Test REF: p. 63 OBJ: 06 21. Which standard solely considers whether the accused is able to distinguish right from wrong? a. The Durham rule b. The substantial capacity test c. The M'Naghten rule d. The irresistible impulse test REF: p. 63 OBJ: 06 22. Under common law, there was a conclusive presumption of incapacity for a child under ____ years of age. a. 7 b. 10 c. 14 d. 18 ANS: A REF: p. 62 OBJ: 06 23. Crime is generally grouped into three basic categories, they are; a. Felonies, misdemeanors, and violations b. Mala Prohibitum crimes, felonies, and violations c. Violations, ordinances, and felonies d. Misdemeanors, violations, and Ordinances REF: p. 58 OBJ: 03 24. Which legal standard of mental illness is used by present federal law? a. "Didn't know what he was doing or didn't know it was wrong." b. "Could not control his conduct." c. "Lacks substantial capacity to appreciate the wrongfulness of his conduct or to control it." d. "Lacks capacity to appreciate the wrongfulness of his conduct." REF: p. 60-61 OBJ: 06 25. Which of the following is true regarding the "stand your ground" justification defense? a. Most self-defense statutes require a duty to retreat before reacting to a threat with physical violence. b. The "castle exception" does not require an obligation to retreat within an individual's residence before fighting back. c. "Stand your ground" laws allow average citizens to use deadly force when they reasonably believe that their homes or vehicles have been illegally invaded. d. All of the above are true regarding the "stand your ground" justification defense. REF: p. 64 OBJ: 06 26. The exclusionary rule is used as part of which protection afforded to the accused by the US Constitution? a. 2nd Amendment b. 1st. Amendment c. 4th Amendment d. 8th Amendment ANS: C REF: p. 68 OBJ: 08 27. What element must be present in order for the excuse of necessity to be valid? a. The victim consented. b. No means of escape were available. c. The harm to be avoided was greater than the offense charged. d. The offense was based on a presumptive conclusion of mens rea. REF: p. 61 OBJ: 06 28. A bank employee is forced to divert funds into a special account and failure to cooperate will result in the execution of his family. Which defense would be most applicable to this situation? a. Duress b. Entrapment c. Necessity d. Consent ANS: A REF: p. 101 OBJ: 06 29. After formal legal codes were lost during the dark ages a legal system featuring monetary compensation called ____________ was developed for criminal violations. a. Stare Decisis b. Lex Talionis c.Wergild d. Friedengild ANS: C REF: p. 55 OBJ 01 30. Which constitutional amendment outlaws illegal searches and seizures by police? a. First b. Fourth c. Fifth d. Eighth REF: p. 67 OBJ: 09 TRUE/FALSE 1. The roots of criminal law in the United States can be directly traced to the Bible. ANS: F REF: p. 55 OBJ: 01 2. Feticide Law makes killing of an unborn fetus murder. ANS: T REF: p. 56 OBJ: 02 3. An immediate relationship must always exist between the act and the actor's intent for a crime to occur. ANS: F REF: p. 60 OBJ: 04 4. Entrapment is a defense against criminal culpability that is found in the Bill of Rights. ANS: F REF: p. 61 OBJ: 06 5. Self-defense as a justification requires imminent danger. ANS: T REF: p. 63 OBJ: 06 6. The ideas and principles that society considers important at a given time and in a given place have no bearing on a court's decision on what exactly constitutes due process in a specific case. ANS: F REF: p. 64 OBJ: 10 7. Until recently, sexual relations between consenting same-sex adults was punished as a serious felony. ANS: T REF: p. 65 OBJ: 07 8. Community notification laws are used to inform neighborhoods and families that there has been a formal complaint has been filed for harassment. ANS: F REF: p. 65 OBJ: 06 9. The Fourth Amendment limits the admissibility of confessions that have been obtained unfairly. ANS: F REF: p. 67 OBJ: 08 10. The CAN SPAM Act is legislation that attempts to reduce the amount of processed food that can be bought and sold to those that receive government assistance ANS: F REF: 53 OBJ: 01 COMPLETION 1. The primary concern of ___________ is the control and regulation of human interaction. ANS: law REF: p. 56 OBJ: 01 2. After the Norman conquest of England in 1066, royal judges would decide what to do in each case using local custom and rules of conduct as a guide in a system known as ___________. ANS: stare decisis REF: p.55 OBJ: 03 3. A law that inflicts a greater punishment than was available when the crime was committed is termed a(n) ____________________ law. ANS: ex post facto REF: p.57 OBJ: 04 4. The Durham Rule is associated with the ____________________ defense. ANS: insanity REF: p. 63 OBJ: 06 5. In response to the concerns of environmentalists, the federal government has passed _______________________ acts to protect the nation’s well being ANS: Protect the Environment REF: p.66 OBJ: 06 6. The defense of ____________________ would be appropriate in a case where a person was rushing to the hospital with an emergency and broke numerous traffic laws along the way. ANS: necessity REF: p. 64-65 OBJ: 06 7. The ____________________ Amendment was the basis for the Miranda decision. ANS: Fifth (5th) REF: p. 67 OBJ: 09 8. The ____________________ Amendment has been used in the past to argue that the death penalty is cruel and unusual punishment. ANS: Eighth (8th) REF: p. 67 OBJ: 09 9. The ____________________ Amendment outlaws excessive bail. ANS: Eighth (8th) REF: p. 67 OBJ: 09 10. Under the _______________ evidence seized in violation of the 4th amendment cannot be used in a court of law. ANS: Exclusionary rule REF: p.68 OBJ 08 ESSAY 1. Differentiate between criminal law and civil law. ANS: In criminal law there are both substantive criminal law which defines crimes and their punishment and procedural criminal law which sets out the basic rules of practice in the criminal justice system. On the other hand civil law the set of rules governing relations between private parties. REF: p. 54 OBJ: 01 2. Define the concept of substantive criminal law and detail its history. ANS: Substantive criminal law defines crimes and their punishment. The goals include; 16. Enforce social control 17. Distribute retribution 18. Express public opinion and morality 19. Deter criminal behavior 20. Punish wrongdoing 21. Maintain social order 22. Restoration Roots of criminal codes in U.S. can be traced back to the Babylonian Code of Hammurabi, the Mosaic Code of the Israelites, the Roman Twelve Tables, and Justinian’s Corpus Juris Civilis REF: p. 54 OBJ: 02 3. Discuss the historical development of criminal law. ANS: Early formal legal codes were lost during the Dark Ages after the fall of Rome and were replaced with common law and the principle of stare decisis. The present English system of law came into existence during reign of Henry II. Under this system a royal judge would decide what to do in each case, using local custom and rules of conduct as guide; known as stare decisis. The judges then began to publish their decisions in local cases, use these written decisions as a basis for decision making, and eventually produced a fixed body of legal rules and principles. REF: p. 55 OBJ: 03 4. Delineate the legal elements required to constitute a crime. Describe and give an example of each of the classifications of crime. ANS: For the state to prove a crime occurred, and that the defendant committed it, the prosecutor must show that the accused engaged in the guilty act (actus reus) and had the intent to commit the act (mens rea). Actus reus is a voluntary and deliberate illegal act or an unintentional act can be considered a crime if it is the result of negligence and/or disregard for the rights of others. Mens Rea otherwise known as criminal intent is implied if the results of an action, though originally unintended, are certain to occur. REF: p. 58 OBJ: 04 5. Explain three legal excuses and three justifications for crime and provide an example of each. ANS: Insanity is a defense to criminal prosecution in which a defendant’s state of mind negates criminal responsibility. This may be the case that is still to be decided in the shooting of Arizona congresswoman Gabrielle Giffords by Jared Lee Loughner. In Self-defense the defendant must have acted under a reasonable belief that he/she was in danger of death or great harm and had no means of escape from the assailant. This may be the case when a burglary occurs and the homeowner shoots the intruder after he/she has assaulted and attempted harm of the homeowner in the process of the burglary. Entrapment occurs when the police instigate the crime, implant criminal ideas, and coerce individuals into bringing about crime. This often occurs in sting operations to bring down prostitution rings. REF: p. 61-65 OBJ: 06 6. Describe three tests of the insanity defense and how each is applied. ANS: The The M’Naghten rule is used when the basic question is whether the defendant knew that their actions were wrong. If the prosecution can convince the court that their was knowledge on behalf of the suspect that he/she was wrong then it may move onto the irresistible impulse test. This test looks at whether or not the defendant could control their actions regardless of whether they knew right from wrong. Finally the durham rule or “product test” states that the the accused is not criminally responsible if her unlawful act was a product of mental disease or defect. REF: p. 61-62 OBJ: 06 7. Discuss the premise and outcome of the 2008 case of Baze and Bowling v.Rees ANS: In Baze and Bowling v. Rees the court upheld the use of lethal injection as a method of execution unless there is a “substantial risk of serious harm” that the drugs used will not work effectively. REF: p. 68 OBJ: 07 8. Discuss one of the Fourth, Fifth, Sixth, or Eighth Amendments and how it serves to limit and control the manner in which the federal government operates the justice system. ANS: The Fourth amendment bars illegal “searches and seizures” by police officers. The Fifth Amendment limits the admissibility of confessions that have been obtained unfairly or without proper warning. The Sixth amendment guarantees the defendant the right to a speedy and public trial by an impartial jury, the right to be informed of the nature of charges against them and the right to confront any prosecution witnesses. The Eighth amendment protects against the imposition of excessive bail and fines as well as the potential of the infliction of cruel and unusual punishment. REF: p. 67-68 OBJ: 09 9. Elaborate the meaning of due process through the use of an example. ANS: The concept of due process, found both in the 5th and 14th amendments has been used to evaluate the constitutionality of legal statutes and to set standards and guidelines for fair procedures in the criminal justice system. For example, there is a concern that the Patriot act that permits the government to share information from grand jury proceedings and from criminal wiretaps with intelligence agencies. These practices have the potential to erode civil rights, and therefore additional provisions were enacted in 2006 to ensure that the Act did not violate those civil rights by limiting its surveillance and wiretap authorizations. REF: p. 67 OBJ: 10 10. Describe the importance of procedural due process. List the procedural due process rights that are guaranteed to an individual. ANS: Procedural due process seeks to ensure that no person will be deprived of life, liberty, or property without a proper and legal criminal process. It is intended to guarantee fundamental fairness and can be seen in; The freedom from illegal searches and interrogations • Prompt notice of charges and a formal hearing • The right to counsel • The opportunity to respond to charges • The opportunity to confront and cross examine witnesses • The privilege to be free from self incrimination • The opportunity to present ones own witness • A decision made on the basis of substantial evidence • A written statement of the reasons for the decision • An appellate review procedure REF: p. 67-68 OBJ: 10 TEST BANK Chapter 4 MULTIPLE CHOICE 1. Which of the following officers was part of the watch system of policing that thrived in 13th century England? a. Watchmen b. Shire reeve c. Justice of the peace d. All of these REF: p. 76 OBJ: 01 2. The Pledge System was where people were grouped in families of 10 called _________ were entrusted with policing their own minor problems. a. Shire reeve b. Tithings c. Peace makers d. None of these ANS: B REF: p. 75 OBJ: 01 3. What office was created in 1326 under the watch system of policing to assist the shire reeve in controlling the county? a. Sheriff b. Constable c. Bobbie d. Justice of the peace REF: p. 76 OBJ: 01 4. What was the name of the form of organized private police that patrolled 18th century England? a. Constables b. Shire reeves c. Bobbies d. Thief takers REF: p. 76 OBJ: 01 5. English police officers are known as bobbies because: a. their heads often bobbed up and down as they rode the streets of London on horses. b. Sir Robert (Bobbie) Peel was responsible for their creation. c. an inordinately large number of the original London metropolitan police force was named Bobbie. d. they are trained to bob their head whenever a member of the royal family came into view. REF: p. 76 OBJ: 01 6. Henry Fielding operated his own monied police that attempted to clean up earlier policing efforts by deciding which cases to investigate and which streets to protect, they were called: a. Justices of the peace b. Friends of Fielding c. Bow Street Runners d. Metropolitan Police ANS: C REF: p. 76 OBJ: 02 7. Which American city created the first formal U.S. police department? a. Boston b. New York City c. Philadelphia d. Chicago ANS: A REF: p. 77 OBJ: 03 8. The first technological breakthrough in policing came in the following area: a. Transportation b. communication c. regulation d. administration REF: p. 78 OBJ: 02 9. In early US policing which area of the country encouraged individual initiative and offered rewards for the capture of felons and law breakers? a. The rural south b. Western territories c. The east d. Most areas employed this practice ANS: B REF: p. 77 OBJ: 03 10. What was one of August Vollmer's greatest contributions to police professionalism? a. Instituted university training for young officers b. Established the first formal police academy in the U.S. c. Was the first President of the IACP d. Created the first SWAT team ANS: A REF: p. 79 OBJ: 05 11. What federal program supported innovative research on police work and advanced training for police officers during the 1970s? a. Criminal Justice Institute b. National Institute of Justice c. Law Enforcement Assistance Administration d. Federal Crime Bill REF: p. 80 OBJ: 06 12. Which federal agency has reformulated its priorities, making protection from terrorism the number one goal? a. Secret Service b. CIA c. DEA d. FBI REF: p. 82-83 OBJ: 07 13. Which federal law enforcement agency has unlimited jurisdiction? a. CIA b. DEA c. U.S. Justice Department d. No federal agency has unlimited jurisdiction. REF: p. 82-83 OBJ: 07 14. What federal agency is responsible for the transportation of federal prisoners? a. U.S. Marshals b. FBI c. Department of Homeland Security d. Secret Service ANS: A REF: p. 83 OBJ: 07 15. Since September 11, 2001, which agency is considered the main federal investigative agency for terrorism? a. Secret Service b. DEA c. FBI d. U.S. Marshals REF: p. 82-83 OBJ: 07 16. Which law enforcement agency is responsible for fugitive investigations? a. ATF b. FBI c. U.S. Marshals Service d. Secret Service REF: p. 83 OBJ: 07 17. What federal agency is responsible for witness security? a. U.S. Marshals b. FBI c. DHS d. Secret Service ANS: A REF: p. 83 OBJ: 07 18. Customs and Border Protection is primarily responsible for America’s borders and points of entry but also encompasses what other area instrumental in that protection? a. Animal and Plant Health Inspection b. Protection of National Leaders when they leave US borders c. Investigating Illegal drug use d. Untaxed liquor and cigarettes REF: p.83 OBJ: 07 19. Which of the following is a branch of the Department of Homeland Security? a. Customs and Border Protection b. FBI c. U.S. Marshals d. Bureau of Alcohol, Tobacco, and Firearms ANS: A REF: p. 83 OBJ: 07 20. Which state had the earliest example of state police? a. Massachusetts b. Pennsylvania c. Texas d. Arizona REF: p. 85 OBJ: 08 21. Roughly how many metropolitan police agencies employ more than 1,000 sworn officers? a. 70 b. 800 c. 2,000 d. 3,100 ANS: A REF: p. 87 OBJ: 08 22. Roughly how many metropolitan police agencies employ just one sworn officer? a. 8 b. 80 c. 800 d. 8000 REF: p. 87 OBJ: 08 23. Police sketch artists and mugbooks are being replaced with what type of modern technology? a. DNA profiling b. The AFIS system c. Computerized imaging d. Head-up display units REF: p. 90 OBJ: 09 24. What term is used to describe the use of computer software to identify geographic "hot spots" where a majority of predatory crimes are concentrated? a. Crime mapping b. CODIS c. Data mining d. Systems analysis ANS: A REF: p. 89 OBJ: 09 25. AFIS is a(n): a. national data base of DNA records. b. computerized fingerprint system. c. automated stolen vehicle data base. d. up-to-date fugitive identification system. REF: p. 91 OBJ: 09 26. Which of the following statements is false regarding the use of DNA? a. DNA profiling allows suspects to be identified on the basis of genetic material. b. Every U.S. state maintains a DNA database of convicted offenders. c. The U.S. is the only country with a DNA database. d. DNA fingerprinting is used as evidence in criminal trials in many states. REF: p. 90-91 OBJ: 09 27. DNA profiling gained national attention because of the ____ trial. a. Martha Stewart b. O.J. Simpson c. Rodney King d. Scopes Monkey REF: p. 90-91 OBJ: 09 28. Computerized mathematical models of a suspect’s face constructed from minimal information are called: a. Digital diagrams b. Genetic algorithms c. AR technology d. ABIS REF: p. 90-91 OBJ: 09 29. A DNA match indicates a four billion-to-____ chance that the suspect is the offender. a. One b. Five c. Ten d. Twenty ANS: A REF: p. 90-91 OBJ: 09 30. Public-private partnership initiative in the NYPD called ________ is geared primarily toward equipping the private sector with information and training to effectively defend against terrorism. a. SHIELD b. NYPD-ONE c. AFIS d. COLLABORATE REF: p. 88 OBJ: 08 TRUE/FALSE 1. Thief takers were professional criminals that assisted burglars. ANS: F REF: p. 76 OBJ: 01 2. In colonial America, the sheriff did not patrol or seek out crime. ANS: T REF: p. 77 OBJ: 02 3. Most early reform efforts failed because they were initiated by persons outside of the law enforcement community. ANS: T REF: p. 86 OBJ: 06 4. The first U.S. police departments were created because of the need to control mob violence, which was common during the 19th century. ANS: T REF: p. 77 OBJ: 03 5. The O.J. Simpson case prompted an era of police reform. ANS: F REF: p. 81 OBJ: 06 6. Private police outnumber public police. ANS: T REF: p. 88-89 OBJ: 07 7. The Texas Rangers were one of the first state police agencies. ANS: T REF: p. 85 OBJ: 08 8. A number of county law enforcement agencies are now engaging in anti-terror and homeland security activities. ANS: T REF: p. 86 OBJ: 08 9. Federal police agencies are the only agencies that have not privatized their police services in order to cut expenses. ANS: F REF: p.88 OBJ: 08 10. Private Police are subject to the same legal constraints as public police. ANS: F REF: p.88 OBJ: 08 COMPLETION 1. ____________________ is credited with the passage of the Metropolitan Police Act that established the first organized police force in London. ANS: Sir Robert Peel REF: p. 76 OBJ: 02 2. The ____________________ was considered by many to be the most important law enforcement officer in colonial America. ounty sheriff REF: p. 77 OBJ: 03 3. The origin of U.S. police agencies can be traced to early ____________________ society. ANS: English REF: 86 OBJ: 01 4. As the 18th century began, rising crime rates encouraged a new form of private paid police called ____________________, who were able to profit both legally and criminally from the lack of formal police departments. ANS: thief takers REF: 76 OBJ: 02 5. In 1326 the office of ____________________ was created to assist the shire reeve in controlling the county ANS: Justice of the Peace REF: p. 76 OBJ: 02 6. Secret Service is a branch of the Department of ____________________. ANS: Homeland Security REF: p. 84 OBJ: 07 7. The ____________________ are responsible for fugitive investigations. ANS: U.S. Marshals REF: p. 83 OBJ: 07 8. The ____________________ assists local and state authorities in investigating illegal drug use. rug Enforcement Agency REF: p. 83 OBJ: 07 9. ____________________ gives the police the power to analyze detailed visuals of crime patterns. rime mapping REF: p. 89 OBJ: 09 10. _____________ are typically set up for the purpose of sharing information and intelligence emphasizing terrorism prevention and crime fighting with extensive use of technology ANS: Fusion centers REF: p.91 OBJ: 09 ESSAY 1. Elaborate on the English roots of policing, with a discussion of how this history has influenced the structure, duties, and functions of modern U.S. policing. ANS: Before the Norman Conquest in 1066 c.e., no regular English police force existed. Every person was responsible for aiding neighbors and protecting their settlement from thieves and marauders. Through history, we moved from tithings and constables to sheriff and a justice of peace to assist in the duties of controlling each county. The justices eventually took on judicial functions in addition to their role as peace keepers. This early system has helped an instrumental relationship between police and judiciary that still continues today. REF: p. 75 OBJ: 01 2. Elaborate on the problems confronting today's police departments. How do these compare to the challenges faced during early days of policing? ANS: Early police agencies were born out of urban mob violence and were corrupt, brutal, and inefficient. Police were regarded as incompetent and corrupt during the 19th century and disliked by the public. Although there has been an extreme push to professionalize policing and create and maintain enforcement agencies are still undergoing transformation. Today efforts still continue to make police “user friendly” and make them more responsive to community needs. REF: p. 81 OBJ: 03 | 04 3. Elaborate on the roles and perception of early U.S. police agencies and the impact of professionalism on this perception. ANS: Policing was a highly desirable job in late 19th century and paid more than most blue-collar jobs. The role of police was only minimally directed at law enforcement and therefore was open to opportunities for uncontrolled brutality and corruption, The introduction of a professionalized police through the IACP and August Vollmer, advocating university training for young officers attempted to turn the views of the public to a positive light. REF: p. 79 OBJ: 02 | 05 4. Discuss some of the events that occurred between 1960 and 1990 that continue to influence modern policing. ANS: Turmoil and crisis were the hallmarks of policing in the 1960s as the Supreme Court handed down a number of decisions designed to control police operations and procedures. Civil unrest produced growing tension between the police and the public, and there was a rapidly growing crime rate. The 1970s witnessed many structural changes in police agencies, including increased federal government support for criminal justice. During the 1980s, police unions continued to have a great impact on departmental administration, state and local budgets were cut, police-community relations continued to be major problem, and riots and urban conflict triggered concern about what the role of police should be. In the 1990s, the intellectual caliber of police rose dramatically, standards of police conduct climbed, police became more diverse in terms of race and gender, and civilian review of police gradually became accepted REF: p. 80-81 OBJ: 06 5. Police are becoming more sophisticated in their use of computer software to identify and convict criminals. Discuss the impact of this technology on policing, using specific examples to illustrate. ANS: The first technological breakthroughs in police operations came in the area of communications with the Telegraph radio where early officers could call into the station and receive information. Since then technology has been used to increase effectiveness of policing. Crime mapping illustrates “hot spots” where a majority of predatory crimes are concentrated. License plate recognition technology uses camera and computer software to discern license plates and then compare them with records contained in state and federal databases. Digitizing criminal identification─ The use of computerized imaging systems for criminal identification include AFIS and Digital Dental records. REF: p. 89 OBJ: 09 6. Discuss the functions of four major federal law enforcement agencies. ANS: The Federal Bureau of Investigation’s primary mission is to protect the U.S. from terrorist attacks, from foreign intelligence operations, and from cyber-based attacks and high-technology crimes. The Drug Enforcement Administration assists local and state authorities in investigating illegal drug use and carries out independent surveillance and enforcement activities to control importation of narcotics. The US Marshalls are in charge of judicial security, fugitive investigations, witness security, prisoner services, justice prisoner and alien transportation, and asset forfeiture. The US Secret Service Secret Service is responsible for the protection of national leaders and investigates the counterfeiting of U.S. currency REF: p. 82 OBJ: 07 7. Differentiate between the roles of state, county, and local law enforcement. ANS: State law enforcement agencies were originally created to deal with growing incidence of crime in non-urban areas. Most state police organizations are restricted by legislation from becoming involved in the enforcement of certain areas of the law. County law enforcement agencies include nearly all sheriff’s offices provide basic law enforcement services. Metropolitan law enforcement agencies comprise the majority of the nation’s authorized law enforcement personnel and have multiple roles that include, but are not limited to, investigating crimes, identifying suspects, and making arrests. REF: p. 82-88 OBJ: 08 8. Discuss the contributions of private security to the criminal justice system. ANS: Private security and policing agencies supplement local police forces. Many police services have been privatized to cut expenses. People employed in private policing outnumber public police b y almost three to one. The U.S. Supreme Court has stated that private search activities do not violate the Fourth Amendment’s prohibitions REF: p. 88-89 OBJ: 10 9. Discuss, using specific examples, ways in which technology has changed law enforcement. ANS: There are many examples of how technology has changed law enforcement. Perhaps one of the biggest impacts has been through DNA testing. DNA fingerprinting is now used as evidence in majority of states and allows the suspect to be identified on the basis of the genetic material found in hair, blood, and other bodily tissues and fluids. Despite some ethical and practical questions concerning its use, it has helped solve multiple crime and exonerate many innocent individuals. New investigations are constantly being developed, such as genetic algorithms, discretionless policing, augmented reality (AR) technology, and ABIS (Automated Biometric Identification System) REF: p. 89-91 OBJ: 09 10. Explain the concept of collaboration between federal, state, and local police agencies in regard to the war on terror. ANS: Federal law enforcement agencies are instrumental in protecting the country and furthering our efforts in the war on terror, however in the wake of the 9/11 attacks, many states have developed or beefed-up their intelligence gathering capabilities and aimed them directly at homeland security. In addition, a number of local and county police departments are also now engaging in anti-terror and homeland security activities. These agencies are collaborating with each other, sharing information through fusion centers to plan, prevent, prepare and protect against major threats that may harm, disrupt. Their mission by working together is to effectively manage and coordinate a unified response, mitigation, and recovery from consequences of such disasters or events should they occur. REF: p. 85-87 OBJ: 08 TEST BANK Chapter 5 MULTIPLE CHOICE 1. Regardless of the size of the policing organization this person has general administrative control and sets policy for all of the department’s operating branches a. Democratic Appointee b. CompStat c. Chief of Police d. Chief of Hot Spots REF: p. 95 OBJ: 01 2. How do most municipal police departments determine promotion eligibility? a. Intelligence testing b. Physical agility c. Arrest performance d. Time-in-rank REF: p. 95 OBJ: 01 3. The time-in-rank system used in police departments often discourages the: a. recruitment and hiring of college-educated officers. b. recruitment and hiring of minority officers. c. transfer of experienced officers to other departments. d. use of a military-like organizational structure. REF: p. 95 OBJ: 01 4. More than half of the contact that police officers engage in with civilians is spent? a. Catching Criminals b. handling traffic related matters c. Ferreting out drug deals d. Investigating crime REF: p. 96 OBJ: 01 5. UCR data suggests that the average police officer makes less than one felony arrest every ____ months. a. 2 b. 4 c. 6 d. 8 REF: p. 96 OBJ: 02 6. Which of the following is not one of the major purposes of police patrol? a. Deter crime through police presence b. Aid individuals who cannot help themselves c. Facilitate the movement of traffic and people d. Issue arrest warrants REF: p. 96-97 OBJ: 03 7. Jurisdictions that encourage patrol officers to aggressively arrest and detain suspicious persons experience lower crime rates than other jurisdictions that do not practice this type of policing? a. Reactive b. Neighborhood Snitching c. Preventive d. Proactive REF: p. 98 OBJ: 03 8. While there are many goals of patrol, most police experts agree that the majority of police patrol efforts are devoted to: a. crime fighting. b. order maintenance. c. responding to emergencies. d. deterring crime. REF: p. 100 OBJ: 03 9. What was the principle finding of the Kansas City study? a. It is significant what type of patrol model you implement. b. There is little evidence that police patrol deters crime. c. Patrol techniques can have a significant impact on citizens' attitudes. d. Patrol techniques can significantly impact citizens' satisfaction with police. REF: p. 98-99 OBJ: 03 10. ____ policing is a department policy that emphasizes stopping crimes before they occur rather than reacting to crimes that have already occurred. a. Community b. Proactive c. Deterrent d. Reactive REF: p. 98 OBJ: 04 11. Based on research like the Kansas City study, what is the prevailing wisdom on preventive patrols? a. The number of patrol cars on the street and their visibility to citizens has little impact on the crime rate. b. More patrol cars on the street can deter specific types of crime, such as motor vehicle theft and vandalism. c. Fewer patrol cars on the street results in higher crime rates. d. Patrol cars should be assigned to a reactive response mode only. ANS: A REF: p. 98 OBJ: 04 12. Aggressive patrol in New York City during the 1990s has been credited with a reduction in: a. prostitution b. violent crime c. drug dealing d. property crime REF: p. 98-99 OBJ: 04 13. The Kansas City Gun Experiment is an example of: a. problem-oriented policing. b. community policing. c. reactive patrolling. d. a police crackdown targeting a specific type of crime problem. REF: p. 98-99 OBJ: 04 14. Which of the following is a method of improving patrol? a. Aggressive patrol b. Targeting specific crimes c. Making more arrests d. All of these REF: p. 98-100 OBJ: 04 15. The statement “Aggressive policing increases community perception that police arrest many criminals and therefore most violators get caught” is an example of what? a. a deterrent effect b. a proactive effect c. an aggressive effect d. sheer luck REF: p. 98 OBJ: 04 16. What was a result of the Kansas City Gun Experiment? a. There was a measurable effect on gun crimes in the target area during the experiment. b. Assaults on police officers increased in the target area. c. Gun crimes in the target area marginally increased. d. Gun crimes were displaced to contiguous beats. ANS: A REF: p. 98-99 OBJ: 04 17. Which of the following statements is true? a. Criminal investigation is a key element of police work. b. Detectives are often handicapped by limited time, money, and resources. c. Modern criminal investigators are usually knowledgeable about legal rules of evidence and procedure. d. All of these statements are true REF: p. 101-104 OBJ: 05 18. The vice squad specializes in: a. violent crime b. property crime c. crimes of public morals d. sex crime REF: p. 103 OBJ: 05 19. What is the term used to describe organized groups of detectives who deceive criminals into openly committing illegal acts or conspiring to engage in criminal activity? a. Detective bureau b. Sting operations c. Community policing d. Proactive patrol REF: p. 103 OBJ: 05 20. In Martin Innes’ study of investigation techniques he found that police rely heavily on _________ that includes canvas of neighborhoods, interviews with friends/family and constructing victim/suspect timelines to solve a crime. a. Specific Focus b. General coverage c. Technology and Crime Mapping d. PERF ANS: B REF: 101 OBJ: 05 21. Which of the following is a commonly cited source of ineffective investigation? a. Length of investigation b. Poor sources of information c. Poor follow-up on initial calls for service d. All of these REF: p. 104 OBJ: 05 22. Community policing is often exemplified by which of the following models? a. Broken windows b. Shattered promises c. Urban decay d. Urban blight ANS: A REF: p. 106-107 OBJ: 07 23. Which of the following is not a fundamental assumption of the broken windows model? a. Neighborhood disorder creates fear. b. Neighborhoods can give out crime-promoting signals. c. Police require citizen cooperation. d. Reactive patrol is necessary. REF: p. 99-100 OBJ: 04 24. Which of the following is not a focus of community policing? a. Order maintenance b. Emergency service c. Crime fighting d. Problem solving REF: p. 106-107 OBJ: 07 25. Community oriented policing links police effectiveness to: a. productive interaction with the community being served. b. interrelationships between cooperative police agencies. c. efficient utilization of existing personnel. d. optimized usage of advanced technology. ANS: A REF: p. 106-107 OBJ: 07 26. Which of the following police operations best exemplifies community oriented policing? a. A sting operation where officers pose as fences of stolen property b. Creation of a well armed SWAT team trained in hostage negotiation c. Computerized data terminals installed on the dash of all patrol cars d. The hiring of bilingual officers to patrol ethnic neighborhoods REF: p. 106-109 OBJ: 07 27. What have evaluations of foot patrol programs in New Jersey and Michigan demonstrated? a. The crime rate went down in foot patrol beats. b. The crime rate went up in foot patrol beats. c. Officer job satisfaction increased. d. Citizen attitudes toward the police improved. REF: p. 106-112 OBJ: 03 28. The concept of hot spots of crime is most closely associated with which model of policing? a. Community-oriented policing (COP) b. Neighborhood oriented policing (NOP) c. Problem-oriented policing (POP) d. Police-community relations (PCR) REF: p. 112 OBJ: 08 29. What is Operation Ceasefire? a. A problem-oriented policing program in Boston to get guns off the street b. A community-oriented policing program in Chicago aimed at auto theft c. A crime mapping program in Dallas designed to plot gun crimes d. A civilian review board initiative in New York REF: p. 112-113 OBJ: 10 30. What is the name of the police support unit that is responsible for investigating allegations of police misconduct? a. Internal Affairs b. Personnel Services c. Civilian Review Boards d. Field-training Offices ANS: A REF: p. 113-114 OBJ: 10 31. Which of the following is not one of the administrative problems of community policing? a. Defining community b. Re-orienting police values c. Revising training d. Reducing police corruption REF: p. 106-109 OBJ: 07 32. According to your text, an example of problem oriented policing would be; a. POP b. B-PAD c. CompStat d.NAS REF: p. 112-113 OBJ: 07 TRUE/FALSE 1. College degrees may have little direct impact on promotion potentials for police officers. ANS: T REF: p. 95 OBJ: 01 2. The average police officer can expect to make between 10 and 15 arrests per month for serious crimes. ANS: F REF: p. 96 OBJ: 02 3. The detective bureau is considered the backbone of policing. ANS: F REF: p. 96-97 OBJ: 05 4. Creating a feeling of security is one of the major purposes of police patrol. ANS: T REF: p. 96-97 OBJ: 03 5. Proactive policing is a cornerstone of community policing. ANS: T REF: p. 98 OBJ: 04 6. One reason for investigative ineffectiveness is that there are too many competing interests to solve a case within the police department. ANS: F REF: p.104 OBJ: 05 7. Vice squads target violent crime. ANS: F REF: p. 103 OBJ: 05 8. Evaluations of foot patrol indicate that it lowers crime rates. ANS: F REF: p. 109-110 OBJ: 04 9. Length of investigation is associated with success of investigation operations. ANS: T REF: p. 104 OBJ: 05 10. According to the "broken windows" concept, police need citizen cooperation. ANS: T REF: p. 99-100 OBJ: 04 COMPLETION 1. Most promotions in policing have ____________________ requirements. ANS: time-in-rank REF: p. 95 OBJ: 01 2. Designated police patrol areas are called ____________________. eats REF: p. 109 OBJ: 03 3. ____________________ is another term for the order maintenance function of police. ANS: Peacekeeping REF: p. 97 OBJ: 03 4. Begun in New York City __________is/was a means of directing police efforts in a more productive way. ANS: CompStat REF: p. 100 OBJ: 03 5. One aggressive patrol program, known as the ____________________, was directed at restricting the carrying of guns in high-risk places at high-risk times. ANS: Kansas City Gun Experiment REF: p. 98-99 OBJ: 03 6. ____________________ is an aggressive law enforcement style that emphasizes attacking crimes head-on and in advance rather than waiting for calls for service. ANS: Proactive policing REF: p. 98 OBJ: 03 7. ____________________ are groups of police officers who enforce morality-based laws such as prostitution. ANS: Vice squads REF: p. 103 OBJ: 05 8. A(n) ____________________ is an operation designed to encourage and observe criminal behavior so the officers can make an arrest. ANS: sting REF: p. 103 OBJ: 05 9. ____________________ policing strategies require police agencies to identify particular long-term community issues and to develop strategies to eliminate these issues. ANS: Problem-oriented REF: p. 112 OBJ: 08 10. Forensic means __________________ ANS: Pertaining to the law REF: p. 106 OBJ: 05 ESSAY 1. Is the time-in-rank system of police promotion an antiquated practice? What are its advantages and disadvantages? ANS: Because most departments are civil service organizations, administrators must rise through the ranks to get to command positions. The Time In Rank system is employed by most police departments and means that before moving up the administrative ladder, an officer must spend a certain amount of time in the next lowest rank. Although it promotes stability and fairness and limits favoritism. It also protects police agencies from losing talented officers trained at the public expense to other departments who offer more money and incentives. The disadvantage of this system is that it restricts administrative flexibility. In the limits of time in rank, the department would be forced to hire an expert in a specialized field as a civilian employee instead of within the police agency. REF: p. 95 OBJ: 01 2. How does the Hollywood version of policing differ from reality? Can you think of some movies and television programs which most accurately portray the police? ANS: Books, movies and tv shows romanticize police officers as fearless crime fighters who think little of their own safety as they engage in daily high speed chases and shootouts. In a more realistic and somewhat accurate view, the shows Law and Order, NYPD blue, and Homicide portray many police activities and investigations in a less romanticized version that traditional Hollywood views. In addition, the HBO series “The Wire“ portrays a seedy yet somewhat accurate portrayal of policing. REF: p. 107 OBJ: 02 3. Explain the major purposes of patrol and how patrols can be improved. ANS: Uniformed patrol officers are the backbone of the department and are the most visible component of the entire criminal justice system. The purposes of patrol include deterring crime by visible presence, maintaining public order, responding quickly to law violations or emergencies, identifying and apprehending law violators, aiding individuals who cannot help themselves, facilitating the movement of traffic and people, and create a feeling of community security. One way patrol can be improved is to ensure that officers are able to continue their practice of selective enforcement and use their discretion as they see fit. REF: p. 96-97 OBJ: 03 4. Elaborate on three reasons why investigations are often ineffective. What can be done to improve investigations? ANS: Detectives are often handicapped by limited time, money, and resources to carry out lengthy ongoing probes of any but the most serious cases. Investigations can be improved with technology such as searching criminal histories and using forensic science such as DNA analysis to clear the backlog of unsolved cases. REF: p. 104 OBJ: 05 5. For many years, preventive patrol has been considered one of the greatest deterrents to criminal behavior. Discuss what the research from the Kansas City study tells us about the relationship between prevention patrol and crime deterrence. ANS: There is little evidence that police patrol deters crime and despite the number of patrol cars on the street and their visibility to citizens it seems to have little impact on the crime rate. REF: p. 98 OBJ: 04 6. Explain the three key points to Wilson and Kelling's broken windows model. Elaborate on how the move to community policing reflects the move from a purely crime-control model to one that encompasses elements of rehabilitation and restorative justice. ANS: • Neighborhood disorder creates fear • Neighborhoods give out crime-promoting signals • Police need citizen cooperation Under the crime control model in deteriorated neighborhoods there may be residents who are fearful, pessimistic, and despondent. Moving to a model of community policing, the police presence deters crime in a preventive manner and may encourage public confidence, strengthen feelings of safety, and elicit cooperation from citizens. REF: p. 99-100 OBJ: 04 7. Discuss the concept of community policing. How effective have these programs been in reducing crime and improving community-law enforcement relations? ANS: Proactive policing such as foot patrol is the cornerstone of community policing. There is empirical evidence that some community policing efforts can reduce disorder and increase the perception of safety. A key element of community policing philosophy is that citizens must participate with police to fight crime. Community policing means the redesign of police departments’ administration and management to focus on the problems of the community, not on the needs of the department. Community policing works best in neighborhoods that are not already saturated with crime and disorder but rather show signs that deterioration is and will occur. REF: p. 106-108 OBJ: 07 . 8. Compare and contrast problem-oriented policing and community policing. ANS: Problem oriented policing is closely associated with, but independent from, community policing and requires police agencies to identify particular long-term community problems and to develop strategies to eliminate them. It also requires police departments to rely on local residents and private resources and is supported by fact that great deal of urban crime is concentrated in a few “hot spots”. Community policing means the redesign of police departments’ administration and management to focus on the problems of the community, not on the needs of the department. REF: p. 106-112 OBJ: 07 | 08 9. Discuss the major problems of community policing strategies. ANS: Some of the major problems with community policing include; 23. Defining community─ Police administrators must be able to define concept of community as an ecological area defined by common norms, shared values, and interpersonal bonds. 24. Defining roles─ Police administrators must establish exact role of community police agents. 25. Changing supervisor attitudes─ Some supervisors are wary because it supports a decentralized command structure. 26. Reorienting police values─ Police with a traditional crime-control orientation are less satisfied with community policing efforts than those who are public-service oriented 27. Revise training─ Training must reflect a community organizer role. 28. Reorient recruitment─ Midlevel managers must be recruited and trained to be receptive to and able to implement community-change strategies. REF: p. 108-109 OBJ: 07 10. Define forensics and discuss what forensic experts can contribute to police agencies and investigations. ANS: Forensic means “pertaining to the law,” and forensic scientists perform comprehensive chemical and physical analyses on evidence submitted by law enforcement agencies. It provides for accurate and scientific development and examination of evidence. Without forensics evidence may go undetected or be undervalued. The more accurate and finite results bolster case credibility and may serve to support or erode probable cause—resulting in more REF: p. 106 OBJ: 10 TEST BANK Chapter 6 MULTIPLE CHOICE 1. What term is used to describe the phenomena where black officers must deal with the expectation that they will give members of their own race a break, while at the same time they experience overt racism from their police colleagues? a. The black curtain b. Double marginality c. Inherent role conflict d. Toxic race relations REF: p. 118 OBJ: 01 2. Over the years, minority officers seem to be as self assured as white officers, regardless of feeling ________rates of job related stress and strain stemming from general police stressors a. Lower b. Higher c. Similar d. Non-Existent REF: p. 118 OBJ: 01 3. What city was the first to hire and award the title of police officer to a woman in 1910? a. Chicago b. Boston c. Los Angeles d. New York City REF: p. 119 OBJ: 01 4. Surveys of male officers show that ______ (of) officers tend to view policing as a masculine profession and do not think women can handle the physical requirements of the job. a. Just a few b. Many c. Some d. The majority REF: p. 119 OBJ: 01 5. Which of the following is false regarding education and the police? a. Educated officers are better able to communicate with the public. b. Administrators believe that educated officers generate fewer citizen complaints. c. Educated officers have greater disciplinary problems due to job boredom. d. Higher educated officer have greater self-confidence and assurance. REF: p. 120 OBJ: 02 6. The blue curtain is a term used to describe: a. police reluctance to express personal feelings with each other. b. the police practice of shrouding the windows and doors of the briefing room when confidential information is disseminated at roll call. c. the secrecy and insulation from others in society that is a consequence of the police subculture. d. the sheet used to drape the coffins of slain police officers. REF: p. 122 OBJ: 03 7. Which of the following is not one of the six core beliefs at the heart of the police culture? a. Loyalty to colleagues counts above all else. b. The war against crime cannot be won without bending the rules. c. No one else understands the nature of police work. d. All of the above are core beliefs in the police culture. REF: p. 122 OBJ: 03 8. Which of the following traits is said to be found on all levels of policing? a. Anger b. Racism c. Dogmatism d. Cynicism REF: p. 123 OBJ: 03 9. An officer approaches a group of teenagers drinking beer, she checks everyone's ID and arrests all who are underage. This example best typifies which officer style? a. Crime fighter b. Social agent c. Law enforcer d. Watchman REF: p. 123-124 OBJ: 04 10. An officer approaches a group of teenagers standing in a parking lot, drinking beer. She checks them for gang symbols and calls into the station to ascertain if any of them have active warrants. This officer typifies which officer style? a. Crime fighter b. Social agent c. Law enforcer d. Watchman ANS: A REF: p.123-124 OBJ: 04 11. Which officer's style involves acting as problem solvers and is therefore well suited for community policing? a. Crime fighter b. Social agent c. Law enforcer d. Watchman REF: p. 123-124 OBJ: 04 12. Which style of policing prefers to ignore or treat informally issues of concern, unless the social or political order is being jeopardized? a. Crime fighter b. Social agent c. Law enforcer d. Watchman REF: p. 124 OBJ: 04 13. Which policing style utilizes the least amount of discretion? a. Crime fighter b. Social agent c. Law enforcer d. Watchman REF: p. 124 OBJ: 04 14. Which of the following factors bests fits under the heading of extralegal discretionary factors? a. Peer pressure in policing b. Racial profiling c. Offender demeanor d. The working and living environment REF: p. 126 OBJ: 05 15. Defined as the ability to monitor one’s own and others feelings and emotions, to discriminate among them and to use this information to guide ones thinking and actions is the concept of? a. Miranda Protections b. Demeanor c. Department politics d. Emotional Intelligence REF: p. 125 OBJ: 06 16. Stress reduction programs may include which of the following? a. Diet information b. Biofeedback c. Meditation d. All the above REF: p. 128 OBJ: 06 17. Court decisions that limit police discretion are an example of a(n): a. external stressor. b. organizational stressor. c. duty stressor. d. individual stressor. ANS: A REF: p. 127 OBJ: 05 18. The inconvenience and physical strains that come from rotating shift work are examples of: a. external stressors. b. organizational stressors. c. duty stressors. d. individual stressors. REF: p. 127 OBJ: 06 19. What pattern does research reveal regarding officers' involvement in use-of-force incidents? a. There is little evidence that use-of-force incidents are racially motivated. b. A small portion of officers account for a sizable portion of the abuses. c. Problem officers tend to be young and inexperienced members of the force. d. All of the above are correct. REF: p. 129-130 OBJ: 07 20. The greatest factor in controlling the use of unwarranted police brutality is/are? a. Labeling officers “Meat Eaters” b. Threat of civil judgments against police chiefs that condone violent behavior c. Suicide by Cop d. Threat of civil judgment against individual officers REF: p. 129 OBJ: 07 21. Justification of the use of deadly force via the "fleeing felon" rule can be traced to: a. English Common Law. b. the landmark Tennessee v. Garner case. c. the landmark Graham v. Conner case. d. the Federal Law Enforcement Training Center (FLETC) guidelines. ANS: A REF: p. 132 OBJ: 07 22. Which of the following is not commonly identified as a factor related to police shootings? a. Firearms availability in the community b. Administrative policies c. Social conflict d. Poverty levels REF: p. 132-133 OBJ: 07 23. What U.S. Supreme Court case deemed the use of deadly force against an unarmed and non-dangerous fleeing felon an illegal seizure under the Fourth Amendment? a. Tennessee v. Garner b. Graham v. Conner c. Gregg v. Georgia d. U.S. v. Weeks ANS: A REF: p. 133 OBJ: 08 24. What U.S. Supreme Court decision set forth the "reasonable officer" standard for police use of deadly force? a. Williams v. New York b. Graham v. Connor c. Sherman v. California d. Tennessee v. Garner REF: p. 134 OBJ: 08 25. What is the lowest level of reasonable officer response mapped out in the Federal Law Enforcement Training Center's use-of-force model? a. Contact controls b. Verbal commands c. Compliance techniques d. Defensive tactics REF: p. 134 OBJ: 08 26. What was the name of the famous commission that investigated corruption in New York City in the 1970s? a. Warren Commission b. Knapp Commission c. Christopher Commission d. Mollen Commission REF: p. 130 OBJ: 06 27. What is the term used to describe those that aggressively misuse police power for personal gain by demanding bribes, threatening legal action, or cooperating with criminals? a. Grass eaters b. Meat eaters c. Active criminality d. Selective enforcement or non-enforcement REF: p. 131 OBJ: 06 28. What is the term used to describe those police officers that accept payoffs when their everyday duties place them in a position to be solicited by the public? a. Grass eaters b. Meat eaters c. Passive criminality d. Selective enforcement or non-enforcement ANS: A REF: p. 131 OBJ: 06 29. When police routinely use excessive force against suspects, it is considered: a. Mooching b. Abuse of power c. Chiseling d. Grappling REF: p. 131 OBJ: 07 30. The Mollen Commission is an example of what type of effort to control police corruption? a. Outside review board or special prosecution b. Civil litigation c. Citizen review board d. Internal review board ANS: A REF: p. 131 OBJ: 06 TRUE/FALSE 1. The higher the percentage of black officers on the police force, the higher the arrest rates for crimes such as assault. ANS: T REF: p. 118 OBJ: 01 2. The watchman style of policing is characterized by officers devoted to the profession of police work and who are most likely to aspire to achieve prestige, status, and rank. ANS: F REF: p. 123-124 OBJ: 04 3. Factors such as the living and working environment of the officer often affect their discretion. ANS: T REF: p. 125 OBJ: 05 4. More than 50 percent of citizens who experience force at the hands of the police report an injury. ANS: F REF: p. 132 OBJ: 07 5. The Supreme Court has ruled that under certain circumstances, a valid search may be conducted without a search warrant. ANS: T REF: p. 138 OBJ: 08 6. In the landmark case Tennessee v. Garner, the U.S. Supreme court outlawed deadly use of force by police. ANS: F REF: p. 133 OBJ: 08 \7. The Knapp Commission concluded that the vast majority of police officers involved in police corruption are meat eaters. ANS: F REF: p. 130 OBJ: 06 8. In a consent search, individuals waive their constitutional rights. ANS: T REF: p. 139 OBJ: 10 9. In 1914, in Weeks v. United States, the Court established the exclusionary rule. ANS: T REF: p. 139 OBJ: 10 10. The Supreme Court has created a “good faith exception” to the exclusionary rule which indicates that evidence is admissible in court if the police officers acted in good faith by first obtaining court approval for their search, even if the warrant they received was deficient or faulty. ANS: T REF: p. 140 OBJ: 10 COMPLETION 1. In his classic 1969 book, African Americans in Blue, Nicholas Alex pointed out that African American officers of the time suffered from what he called ____________________. ouble marginality REF: p. 118 OBJ: 01 2. The ____________________ style of policing is characterized by an emphasis on maintaining public order. ANS: watchman REF: p. 124 OBJ: 04 3. ____________________enforcement/policing occurs when police abuse or exploit their discretion. ANS: Selective or Non-enforcement REF: p. 131 OBJ: 04 4. ____________________ includes practices in which law enforcement roles are exploited specifically to raise money. ribery and Extortion REF: p. 131 OBJ: 04 5. Racial profiling would be considered an ____________________ decision-making factor. ANS: extra-legal REF: p. 126 OBJ: 05 6. The ____________________ rule is the oldest deadly use of force standard, dating back to English Common Law times. ANS: fleeing felon REF: p. 132 OBJ: 07 7. In the case Florida v. Powell, an updated interpretation of the __________ stated that it does not require that the suspect be advised that they have the right to have an attorney present during questioning. ANS: Miranda warnings REF: p. 137 OBJ: 08 8. The Court created a reasonableness standard for the use of force in the case of ____________________. ANS: Graham v. Connor REF: p. 134 OBJ: 08 9. In the case of ____________________, the Supreme Court created objective standards for questioning by police after a defendant has been taken into custody. ANS: Miranda v. Arizona REF: p. 135 OBJ: 10 10. The most controversial issue revolving around the Court's control of police behavior is commonly known as the ____________________. ANS: exclusionary rule REF: p. 139 OBJ: 10 ESSAY 1. Describe how the role of police is of concern to the public. ANS: The experiences of becoming a police officer and the nature of the job cause most officers to band together in a police subculture, characterized by cynicism, clannishness, secrecy, and insulation from others in society. This is the so-called “blue curtain.” Membership in police culture helps recruits adjust to rigors of police work and provides the emotional support needed for survival. The police subculture has developed in response to the insulated, dangerous lifestyle of police officers. Despite the subculture and the “blue curtain” a heterogeneous police force can be instrumental in gaining the confidence of the community by helping dispel the view that police departments are generally bigoted or biased organizations. REF: p. 122-123 OBJ: 03 2. Explain the changes that have occurred in the hiring of minority and female officers. What are some of the problems experienced by these two groups of officers? ANS: Experiences of African American officers have not been easy because they suffer from double marginality. Minority police officers now seem more aggressive and self-assured, and less willing to accept any discriminatory practices by the police department. For more than half a century, females endured separate criteria for selection, were assigned menial tasks, and were denied the opportunity for advancement. Studies show that women are still struggling for acceptance and believe they do not receive credit for their job performance. Despite these issues, the future of women in policing continues to grow bright REF: p. 118-119 OBJ: 01 3. Using a juvenile assault as an example, compare and contrast the four major styles of police work. Explain how these styles influence police discretion. ANS: To the Crime Fighter the most important aspects of police work are to investigate and apprehend criminals, therefore he/she would focus on ensuring that the perpetrator of the juvenile assault is found and arrested. The Social Agent views his style within the police department as a community problem solver and may encourage the perpetrator and the victim of the juvenile assault to come to an understanding of why the crime occurred and work to ensure that the actions aren’t repeated in the future. The Law Enforcer attempts to “play it by the book” where they practice generalized law enforcement. In regard to a juvenile assault, the law enforcer would prefer not to deal with a small scale altercation between two youths as they seek prestige and status in enforcing all statutes, laws and ordinances. REF: p. 124 OBJ: 04 4. Identify and describe the different factors that commonly influence an officer's use of discretion. ANS: Factors that commonly influence discretion include: • Legal factors when discretion is inversely related to the severity of the offense • Environmental factors including the degree of discretion an officer will exercise being at least partially defined by the officer’s living and working environment. REF: p. 124-126 OBJ: 05 5. Identify and describe the distinct categories of stressors that impact police officers. ANS: There are several stressors that impact police officers. They include; 24 hour duty, poor training, and department politics as well as job dissatisfaction, substandard equipment, inadequate pay, lack of opportunity, role conflict, exposure to brutality, and fears about incompetence, success, and safety. REF: p. 118 OBJ: 06 6. Identify and describe the factors that have been related to police shootings. ANS: Factors related to police shootings include: exposure to violence, national crime rates, community threat levels, and administrative factors. Internal review and policymaking by police administrative review boards attempts to control police shootings REF: p. 132-134 OBJ: 07 7. Compare and contrast the "fleeing felon" and Tennessee v. Garner rules as they relate to police use of deadly force. ANS: In the case of Tennessee v. Garner, the Court ruled that use of deadly force against apparently unarmed and non-dangerous fleeing felons is an illegal seizure of their person under the Fourth Amendment. Deadly force may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe the suspect poses a significant threat of death or serious injury to the officer or others. REF: p. 133 OBJ: 08 8. Discuss the various types of police corruption. What causes such behavior? How can it be controlled? ANS: There are various forms of abuse of power. The Knapp Commission has classified abusers into Meat Eaters who aggressively seek out opportunities to abuse their power and Grass Eater who accept pay-off’s when their duties put them in a compromising position. One view attempts to explain corruption and abuse of power from a financial standpoint as many police seek to and cannot achieve the coveted middle-class lifestyle. Additional views explain the propensity through the wide discretion that police enjoy as well as societies ambivalence toward many forms of vice-related criminal behavior that police officer are sworn to control. One approach to controlling misconduct is to strengthen the internal administrative review process as well as a more stringent accountability system. REF: p. 130-131 OBJ: 06 9. The Supreme Court has used case law to define the boundaries of the Miranda warning since its inception. Discuss recent case law which appears to have narrowed the scope of Miranda. ANS: The Miranda warning is a requirement that police officers inform suspects subjected to custodial interrogation that they have a constitutional right to remain silent. If the defendant is not given the Miranda warning before investigation, the evidence obtained from the interrogation cannot be admitted at trial. In Berguis v. Thompkins 2010 unless a suspect asserts his/her Miranda rights, any subsequent voluntary statements given after the warnings are admissible in court. In Florida v. Powell 2010 The Miranda warnings do not require that the suspect be advised that he or she has the right to have an attorney present during questioning. In Maryland v. Shatzer 2010 Miranda protections do not apply if a suspect is released from police custody for at least 14 days and then questioned. REF: p. 137 OBJ: 10 10. The most controversial issue revolving around the Court's control of police behavior is what is commonly known as the exclusionary rule. Summarize the basics of this rule and discuss its current status and controversy. ANS: The exclusionary rule provides that evidence obtained by unreasonable searches and seizures is inadmissible in criminal trials and also excludes use of illegal confessions under the Fifth Amendment. This rule was established in 1914 by the US Supreme court in Weeks v. US. Currently, when the rule applies, valuable evidence may not be usable at trial because police made an error or failed to obtain a proper warrant. It may also result in excessive court delays and negatively affect plea-bargaining. REF: p. 139 OBJ: 10 TEST BANK Chapter 7 MULTIPLE CHOICE 1. Courts of limited jurisdiction and named as such because: a. all cases in that type of jurisdiction handle 1-2 particular types of crime, making a limited scope b. they are restricted to hearing minor or less serious civil and criminal cases c. they not only review fact but procedures of the case to limit judicial decision making d. they were named this when each state was only allowed to have one court ANS: B REF: p.146 OBJ: 02 2. Courts of general jurisdiction are also known as what? a. Appellate courts b. Municipal courts c. District courts d. Felony courts REF: p. 147 OBJ: 02 3. Which of the following is false regarding appellate courts? a. Appellate courts try cases. b. Appellate courts review the procedures of the case to determine whether an error was made by judicial authorities. c. The appellate court can order a new trial. d. The appellate court can allow the defendant to go free. ANS: A REF: p. 147 OBJ: 02 4. Courts of limited jurisdiction are most likely to handle which of the following crimes? a. Domestic violence b. Juvenile crime c. Shoplifting d. Traffic violations REF: p. 146 OBJ: 02 5. Which of the following would not constitute a specialty court? a. Probate court b. Circuit court c. Drug court d. Mental health court REF: p. 146 OBJ: 02 6. If you are charged with the crime of armed robbery, your trial would take place in which type of court? a. A court of limited jurisdiction b. A court of general jurisdiction c. An appellate court d. A specialty court REF: p. 147 OBJ: 02 7. Generally, state appellate decisions are based on court transcripts, however in some instances, the felony court will grant a new trial known as: a. the trial de novo. b. a reaffirmation of verdict. c. the trial de jure. d. a habeas corpus hearing. ANS: A REF: p. 147 OBJ: 02 8. The U.S. Supreme court is composed of ____ members that are ________? a. 7; appointed for 8 year terms b. 9; appointed for lifetime terms c. 9; elected by the voters during the presidential election d. 10; recommended by congress REF: p. 149-150 OBJ: 02 9. The legal basis for the federal court system is found in the: a. Judicial Act of 1789. b. Sixth Amendment. c. Article 3, Section 1 of the U.S. Constitution. d. Original Articles of Confederation. REF: p. 149 OBJ: 02 10. The federal governments’ three tiered hierarchy of court jurisdiction includes all of the following except? a. U.S. Court of Appeals b. U.S. District Court c. U.S. Special Jurisdiction Court d. U.S. Supreme court REF: p. 154 OBJ: 02 11. When a jury trial is waved, the judge must a. ask the defense to use their ethics to decide whether the defendant is guilty b. instruct the jury to leave the court room c. decide whether the defendant is guilty using a bench trial d. maintain court records themselves REF: p. 151 OBJ: 02 12. When the U.S. supreme court justices reach a split decision, the chief justice assigns a member of the majority group to write the a. opinion. b. issuance of legalis. c. writ of certiorari. d. mandate of precedence. ANS: A REF: p. 150 OBJ: 02 13. Which of the following is not one of the judicial functions of a judge? a. Considering leniency or severity requests from police and prosecutors b. Administrative control over probation c. Consulting with probation staff on treatment decisions d. Drafting legislative language to be forwarded to congressional sponsors REF: p. 157 OBJ: 03 14. Many states have adopted some form of what is known as the ______ Plan to select judges. a. Illinois b. Missouri c. New York d. Ohio REF: p. 154 OBJ: 03 15. Which of the following is not one of the duties of a prosecutor? a. Investigate possible violations of the law b. Maintain administrative control over grand jury proceedings c. Represent the government in appeals d. Subpoena witnesses to a crime REF: p. 155 OBJ: 04 16. In the federal system, prosecutors are appointed by whom? a. Congress b. The Senate c. The President d. The U.S. Supreme Court REF: p. 158 OBJ: 04 17. All evidence points to the conclusion that prosecutorial discretion is used to: a. influence judicial decision making in the sentencing stage. b. influence who gets re-elected to judgeships. c. screen out the weakest cases. d. achieve a desirable sentence. REF: p. 158 OBJ: 05 18. Which of the following is the most common reason for prosecutors to reject cases? a. Due process problems b. Arrest problems c. Evidence problems d. Interest of justice problems REF: p. 158 OBJ: 05 19. Prosecutorial discretion is used to: a. reduce the number of cases to trial b. help the charging decision. c. punish offenders. d. impose indictment in the state court process. ANS: A REF: p. 158 OBJ: 05 20. Which of the following reasons may cause a case to be dismissed? a. Inefficient evidence b. Interests of justice c. Due process problems d. All these REF: p. 158 OBJ: 05 21. What is the duty of a defense lawyer to his client and the legal system? a. To participate in the courtroom workgroup b. To fully and competently defend his client c. To engage in the pursuit of justice d. To represent the state REF: p. 161 OBJ: 06 22. In what 1963 landmark case did the U.S. Supreme Court rule that state courts must provide counsel to indigent defendants in felony prosecutions? a. Gideon v. Wainwright b. Strickland v. Washington c. Burger v. Kemp d. Argersinger v. Hamlin ANS: A REF: p. 161-162 OBJ: 07 23. In what 1972 cases did the Court rule that an attorney must be provided in all criminal cases where the penalty includes imprisonment? a. Gideon v. Wainwright b. Strickland v. Washington c. Burger v. Kemp d. Argersinger v. Hamlin REF: p. 161-162 OBJ: 07 24. Today, the Sixth Amendment right to counsel and the ____ and ____ Amendments guarantee of due process of law have been judicially interpreted together to provide the defendant with counsel by the state in all types of criminal proceedings. a. Fourth, Fifth b. Fifth, Fourteenth c. Sixth, Eighth d. First, Seventh REF: p. 162 OBJ: 07 25. Which type of indigent defense program relies on block grants given to lawyers or law firms in exchange for their legal services on a set number of cases involving poor defendants? a. Contract system b. Assigned counsel systems c. Prepaid legal services d. Public defender systems ANS: A REF: p. 162-163 OBJ: 07 26. Which of the following statements is false regarding public versus private attorneys? a. Conviction rates for indigent defendants with public defenders were significantly higher than for defendants with their own attorney. b. Sentence lengths for defendants sent to jail or prison were shorter for those with publicly financed attorneys than those who hired counsel. c. Of those found guilty, those represented by publicly financed attorneys were incarcerated at a higher rate than those defendants who paid for their own legal representation. d. Research indicates that private counsel may have a slightly better track record in some areas than public defenders. ANS: A REF: p. 164 OBJ: 08 27. The concept of attorney competence was defined by the U.S. Supreme Court in what case? a. Gideon v. Wainwright b. Strickland v. Washington c. Burger v. Kemp d. Argersinger v. Hamlin REF: p. 164 OBJ: 08 28. The first state to establish a court administrative office was ____ in 1927. a. North Dakota b. Iowa c. Washington d. California ANS: A REF: p. 165 OBJ: 09 29. Approximately ____ courts across the United States have videoconferencing capability. a. 325 b. 350 c. 375 d. 400 REF: p. 166 OBJ: 09 30. What is the name of the judiciary intranet? a. FED Net b. Court Net c. Court TV d. J-Net REF: p. 167 OBJ: 09 TRUE/FALSE 1. The drug court movement began in New York. ANS: F REF: p. 146 OBJ: 01 2. Appellate courts try cases. ANS: F REF: p. 147 OBJ: 02 3. The prosecution uses an adversarial procedure to obtain the truth when trying to determine guilt. ANS: F REF: p. 160 OBJ: 02 4. The U.S. Supreme Court is the only court established by constitutional mandate. ANS: T REF: p. 150 OBJ: 02 5. In Gideon v. Wainwright, the Court took the first major step on the issue of right to counsel. ANS: T REF: p. 161-162 OBJ: 01 6. The Sixth Amendment assures the right to counsel. ANS: T REF: p. 161-162 OBJ: 01 7. Interviewing witnesses in a criminal case is one of the duties of the prosecutor. ANS: T REF: p. 155 OBJ: 04 8. Technology in the courtroom is a controversial issue because much of the information used infringes on the rights of the accused. ANS: F REF: p. 165-166 OBJ: 08 9. Plea bargaining is rare. ANS: F REF: p. 145 OBJ: 01 10. The concept of attorney competence was defined by the U.S. Supreme Court in the case of Strickland v. Washington. ANS: T REF: p. 164 OBJ: 08 COMPLETION 1. The federal court system is organized around a ____________________ hierarchy of court jurisdiction. ANS: three-tiered REF: p. 149 OBJ: 02 2. ________________Prosecution Policies require prosecutors to bring charges against domestic abusers regardless of whether the victim participates. ANS: ”no drop” or “evidence based” REF: p. 159 OBJ: 02 3. The ____________________ is used to select judges in more than 30 states. ANS: Missouri Plan REF: p. 154 OBJ: 03 4. The ____________________ are the trial courts of the federal system. ANS: U.S. district courts REF: p. 154 OBJ: 02 5. The offender’s race, gender and ethnic background are _____________ issues? ANS: Extralegal REF:p. 159 OBJ: 02 6. The Supreme Court issues a ____________________ indicating that it has decided to hear a case. ANS: writ of certiorari REF: p. 150 OBJ: 02 7. Providing for more judges, diversion programs, and bail reform are solutions for the problem of ____________________. ourt congestion/overload REF: p. 165 OBJ: 03 8. If the prosecutor decides to pursue a case, the charges may later be dropped if conditions are not favorable for a conviction in a process called ____________________. ANS: nolle prosequi REF: p. 158 OBJ: 04 9. ____________________ describes the decision a prosecutor makes in whether or not to prosecute a case. ANS: Prosecutorial discretion REF: p. 158-159 OBJ: 05 10. In the ____________________ system of indigent defense, a block grant is given to a lawyer or law firm to handle indigent defense cases. ontract REF: p. 161-162 OBJ: 07 ESSAY 1. Discuss the rationale behind specialty courts and how such courts fit into the larger structure of the state court system. ANS: There are now specialized courts for nearly every difficult problem confronting the criminal justice system. These courts focus on one type of criminal act such as drug court or mental health court. All cases within this jurisdiction that involve this particular type of crime are funneled into their special court area. For instance Mental health court s focus their attention on mental health treatment to help people with emotional problems and attempt to reduce their chances of re-offending. These specialty courts fall under the heading of “Courts of Limited Jurisdiction” REF: p. 146 OBJ: 01 2. Describe the U.S. Supreme Court and explain how a case becomes heard in this Court. ANS: Often called the court of last resort the U.S. Supreme court is the nation’s highest appellate body. It is composed of 9 members appointed by the president for lifetime terms after approval of congress. The court chooses approximately 300 out of about 5000 cases appealed each year and when it decides to hear a case, it grants a writ of certiorari requesting a transcript of the proceedings for review. When the Supreme court rules on a case, it becomes precedent and must be honored by all lower courts. REF: p. 150-151 OBJ: 02 3. Discuss the legal basis for our right to counsel. ANS: On the basis of the Sixth Amendment to the U.S. Constitution, for many years, the federal court system provided counsel to the indigent unless the defendant waives this right. In the case of Gideon v. Wainwright, the U.S. Supreme Court took the first major step on the issue of right to counsel by holding that state courts must provide counsel to indigent defendants in felony prosecutions. In the case of Argersinger v. Hamlin, the Court extended the obligation to provide counsel to all criminal cases where the penalty includes imprisonment. REF: p. 161-162 OBJ: 01 4. Explain the selection and functions of a trial judge. ANS: The judge oversees the trial process, instructs jurors, and determines guilt/innocence in bench trials as well as controls and influences court agencies including; probation, the court clerk, the police, and the district attorney’s office. The qualifications for appointment to a judgeship in a state vary for that state and from court to court. Usually, the potential judge must be a resident of the state, licensed to practice law, a member of the state bar association, and between the ages of 25 and 70. There is also a significant amount of diversity and potential interpretation of the requirements. Many methods are also used to select judges depending on the level of jurisdiction. Methods include; gubernatorial appointment and confirmation by state senate, popular election, and the Missouri plan that consists of a judicial nominating commission, an appointment from an elected official, and nonpartisan elections where incumbents run on their records where voters can choose whether to retain or dismiss. REF: p. 151 OBJ: 03 5. Discuss, using examples, the major prosecutorial tasks of a prosecutor. ANS: The prosecutor is responsible for bringing the power of the state on those who are accused of disobeying the law by charging them with a crime, releasing them from prosecution, or eventually bringing them to trial. Ultimately, their job is to seek justice, as well as to convict those who are guilty. Their duties include; 29. Providing advice to law enforcement (example: providing guidance on whether there is enough evidence for the police to detain the suspect) 30. Representing the state during the pretrial stage 31. Representing the state at hearings, criminal trials, and appeals 32. Acting as a legal advisor to county commissioners and other elected officials REF: p. 155 OBJ: 04 6. Using examples, elaborate on the types of factors which affect the prosecutor's discretionary decision-making process. ANS: There are three main types of factors that influence prosecutorial discretion ─ they can be divided into legal, extralegal, and resource issues. Legal issues include characteristics of the justice system, crime, the criminal, and the victim as well as the quality of police work and the amount and relevance of the evidence is critical. In addition, seriousness of the crime influences discretion. For example, the recent trial of Casey Anthony charged with and acquitted in the murder of her daughter. In the beginning looked like an open shut case but as the evidence was presented, the majority of it was circumstantial and the jury was only able to convict her on 4 misdemeanors. Extralegal factors include the offender’s race, gender, or ethnic background. As pure opinion, it has been said that the better the quality the legal representation of the defendant, the lesser the sanction. Finally resource issues may include the fact that prosecutors are politicians, and a loss in a key case may hinder their re-election and future political aspirations. REF: p. 158-159 OBJ: 05 7. Discuss the major functions of a defense attorney in the justice process. ANS: The defense attorney is the counterpart of the prosecuting attorney in the criminal process. As an attorney, the defense counsel is obligated to uphold the integrity of the legal profession. The accused may obtain counsel from the private bar, or if the defendant is indigent or cannot pay, private counsel or a public defender may be assigned by the court. REF: p. 161-162 OBJ: 06 8. Detail the various forms of indigent defense systems used in the U.S. ANS: Providing legal services for the indigent offender is a huge and costly undertaking. Providing council assistance can be divided into three categories; public defender systems, assigned counsel systems, and contract systems. Public defenders are usually found in larger urban areas with high case flow rates. They are salaried staff who render indigent criminal defense services through multiple sources of funding. Assigned council systems are used in less populated areas where the case flow is minimal and a full-time public defender is not needed. These individuals are appointed from a list of private bar members who accept cases on a judge-by-judge, court-by-court basis. Contract systems are composed of non-salaried private attorneys, bar associations, law firms, consortiums or nonprofit corporations with a funding source to provide court-appointed representation in a jurisdiction. REF: p. 162-163 OBJ: 07 9. Using examples, elaborate on the expanding role of technology in the court process. ANS: Computers are becoming an important aid in the administration and management of courts. The computer cannot replace the judge, but it can be used as an ally to help speed the trial process by identifying backlogs and bottlenecks. Some examples that show computers and technology in action include: • Defendants who are arraigned over closed-circuit television while in police custody. • Evidence presentation may include real-time transcription and translation, audio-video preservation of the court record, remote witness participation, computer graphics displays, television monitors for jurors, and computers for counsel and judge. • Internet utilization includes automated library management, official correspondence via email, and public access to court records. • Information sharing─ Exchanges of information with other agencies without reading and retyping data. REF: p. 165-167 OBJ: 09 10. Discuss how judicial attitudes may extend beyond the courtroom. ANS: Police policies may be directly influenced by the judge, whose sentencing discretion affects the arrest process. If a judge is known to have a liberal attitude toward police discretion, the local police department may be more inclined to engage in practices that border on entrapment or to pursue cases through easily obtained wiretaps. Similarly, if the judge usually imposes minimal sentences for a particular offense, the police may be reluctant to arrest offenders for that crime, knowing that it may be a waste of time. REF: p.152 OBJ: 03 TEST BANK Chapter 8 . MULTIPLE CHOICE 1. Which of the following is a pretrial procedure? a. Bail b. Arraignment c. Plea negotiation d. All of these REF: p. 170-171 OBJ: 01 2. Bail is typically granted in a felony hearing; a. only when the suspect has absconded b. when there has been error in arresting an innocent individual c. only at the police station d. during court hearings REF: p. 171 OBJ: 02 3. The ____ Amendment to the Constitution prohibits excessive bail. a. Sixth b. Eighth c. Fourteenth d. Sixteenth REF: p. 171 OBJ: 02 4. Some scholars contend that bail is problematic because it: a. is a weak incentive to show up to court. b. creates fear and coercion in the defendant. c. is discriminatory to the poor. d. is not guaranteed under the law. REF: p. 173 OBJ: 03 5. What did the Court establish in Stack v. Boyle? a. That misdemeanors are entitled to an absolute right to bail. b. That only the most heinous and violent crimes are unbailable. c. That all defendants are entitled to an absolute right to bail. d. That if a crime is bailable, the amount set should not be frivolous, unusual, or beyond a person's ability to pay under similar circumstance. REF: p. 171 OBJ: 03 6. Which bail system requires the defendant to pay a percentage of the bond to a bonding agent who then posts the full bail amount? a. Surety bail system b. Deposit bail system c. Release on recognizance system d. Privately secured bail system ANS: A REF: p. 173 OBJ: 02 7. What type of bail system allows the defendant to be released with no immediate requirement of payment but leaves him/her liable for the full bail amount if he/she fails to appear in court? a. Surety bail system b. Deposit bail system c. Release on recognizance system d. Unsecured bond REF: p. 173 OBJ: 02 8. Which of the following statements is false regarding bail issues? a. It is expensive because the government must pay to detain those offenders who are unable to make bail but who would otherwise remain in the community. b. There is no racial or ethnic disparity in the bail process. c. It is unfair because a higher proportion of detainees receive longer sentences than people released on bail. d. It is dehumanizing because innocent people who cannot make bail suffer in the nation's deteriorated jail system. REF: p. 173 OBJ: 03 9. Surety bail is where the defendant. a. pays a percentage of the bond to a bonding agent who posts full bail b. is released after promising to obey specified conditions in lieu of cash c. is released on own recognizance (ROR) d. pays the full bail amount out of pocket ANS: A REF: p. 173 OBJ: 02 10. A(n) ____ is a charging document drawn up by a prosecutor in jurisdictions that do not use the grand jury system. a. warrant b. complaint c. indictment d. information REF: p. 177 OBJ: 04 11. What is another term for an indictment issued by a grand jury? a. True bill b. No bill c. Nolo contendere d. Nolle prosequi ANS: A REF: p. 176 OBJ: 04 12. To stand trial, a criminal defendant must be considered to be ?. a. Guilty beyond reasonable doubt b. Mentally Competent c. Pro se d. Willing to challenge for cause REF: p. 185 OBJ: 04 13. What procedure is often used as an alternative to the grand jury? a. The initial hearing b. The arraignment c. The preliminary hearing d. The criminal trial REF: p. 177 OBJ: 04 14. Which of the following is a common reason for a defendant to waive the preliminary hearing? a. He/she has already decided to plead guilty. b. He/she wants to speed up the criminal justice process. c. He/she hopes to avoid the negative publicity that might result from the hearing. d. All of these REF: p. 178 OBJ: 04 15. It is unlikely that plea bargaining will be eliminated in the future because it: a. ensures even-handed justice in the system. b. eases the pressure of congested caseloads. c. encourages defendants to waive their rights. d. results in sentencing disparity. REF: p. 180 OBJ: 06 16. What state completely eliminated plea bargaining in 1975? a. Alaska b. Oregon c. Indiana d. Alabama ANS: A REF: p.183 OBJ: 05 17. Which of the following is an advantage of diversion programs? a. It allows the offender to postpone prison/jail time until diversion completion b. Rehabilitation services can be accessed while in the community. c. The cost is higher but so is the success rate d. diversion allows the inmate out of their cell for longer lengths of time REF: p. 183 OBJ: 08 18. Which of the following statements is false regarding diversion programs? a. There is no court supervision of these programs. b. Offenders are placed in diversion programs before their formal trial or conviction. c. Pretrial diversion programs are intended to encourage community treatment participation by the offender. d. Restitution may be part of a diversion program. ANS: A REF: p. 183-184 OBJ: 08 19. If an individual is permitted a trial, who chooses whether it will be before a judge or a jury? a. Prosecutor b. Defendant c. Judge d. Court administrator REF: p. 184 OBJ: 09 20. The _____ Amendment contains the confrontation clause. a. First b. Fourth c. Sixth d. Fourteenth REF: p. 185 OBJ: 10 21. The _____ Amendment guarantees the defendant the right to a jury trial. a. Second b. Fourth c. Sixth d. Fourteenth REF: p. 185 OBJ: 10 22. While not explicitly stated in the Constitution, the Court has found support for legal self-representation in the _____ Amendment. a. First b. Fifth c. Sixth d. Eighth REF: p. 185 OBJ: 10 23. According to the court, which of the following was the reason for the speedy trail guarantee? a. To improve the credibility of the trial b. To avoid extensive pretrial publicity and questionable conduct of officials c. To reduce the anxiety for the defendant awaiting trial d. All of the above REF: p. 186 OBJ: 10 24. In what 1976 case did the court rule unconstitutional a trial judge’s order prohibiting the press from reporting the confessions implicating the defendant in the crime? a. Nebraska Press Association v. Stuart b. Press-Enterprise Co. v. Superior Court c. Gannett Co. v. DePasquale d. Turner v. Murdoch ANS: A REF: p. 194 OBJ: 10 25. The defendant’s right to an impartial trial and jury under the Fifth and Sixth Amendments often runs into direct conflict with the _____ Amendment’s guarantee of the press and public access. a. First b. Second c. Fourth d. Fourteenth ANS: A REF: p. 192 OBJ: 10 26. The process of determining the appropriateness of jurors to sit on the jury is known as: a. voir dire b. venire c. the jury array d. the process of rebuttal ANS: A REF: p. 189 OBJ: 11 27. Which of the following is true of peremptory challenges during jury selection? a. They are unlimited in number b. They require a stated reason for dismissal of a prospective juror c. They are constitutionally compelled to have a basis in “content” questions d. They can be used to excuse jurors for no particular reason REF: p. 190 OBJ: 11 28. The Batson doctrine holds that: a. peremptory challenges based on race by the defense are unconstitutional b. prosecutorial peremptory challenges based on race are unconstitutional c. the use of “content” questions is unconstitutional d. peremptory challenges may not be limited to less than five by state statute REF: p. 190 OBJ: 11 29. Which of the following is false regarding opening statements? a. The prosecutor offers the first opening statement b. Neither attorney is permitted to make prejudicial remarks c. Opening remarks are more effective in a bench trial than a jury trial d. The purpose of opening remarks is to identify what will be proved by way of evidence in the trial REF: p. 191 OBJ: 11 30. Which of the following is a reason for which a jury can nullify the facts and evidence of a case? a. The jury believes that the law is unjust b. The jury believes the punishment is excessive c. The jury believes the law is being unjustly applied d. All of the above are reasons for jury nullification REF: p. 194-195 OBJ: 11 TRUE/FALSE 1. Bail can be used to punish an accused, and can be denied or revoked at the indulgence of the court. ANS: F REF: p. 171 OBJ: 02 2. More than half of all violent criminals are released before trial. ANS: T REF: p. 172 OBJ: 02 3. A nolo contendere (no contest) plea is essentially the same as a guilty plea. ANS: T REF: p. 179 OBJ: 05 4. The grand jury has the power to act as an independent investigative body. ANS: T REF: p. 176 OBJ: 04 5. Diversion programs allow a defendant to enter treatment instead of trial. ANS: T REF: p. 183-184 OBJ: 08 6. The state can never order a defendant to take medication when s/he is ruled incompetent to stand trial. ANS: F REF: p. 185 OBJ: 10 7. There is no set time that defines a speedy trial. ANS: T REF: p. 186 OBJ: 10 8. Most states impose qualifications, such as a high school education, on those called for jury service. ANS: F REF: p. 188 OBJ: 11 9. Voir dire is when potential jurors are questioned by the prosecution and defense to determine if they can sit on the jury. ANS: T REF: p. 190 OBJ: 11 10. In a criminal case, a preponderance of the evidence is sometimes enough to convict. ANS: F REF: p. 188 OBJ: 11 COMPLETION 1. At the ____________________, defendants are informed of the formal charges and asked to enter a plea. ANS: arraignment REF: p. 179 OBJ: 11 2. A(n) ____________________ is a charging document drawn up by a prosecutor and submitted to a grand jury. ANS: information REF: p. 177 OBJ: 02 3. The ____________________ mandated that no defendant shall be kept in pretrial detention simply because they cannot afford money bail. ail Reform Act of 1984 REF: p. 174-175 OBJ: 02 4. The concept of the grand jury was brought to the American colonies by early settlers and later incorporated into the ____________________ Amendment of the U.S. Constitution. ANS: Fifth REF: p. 176 OBJ: 04 5. ____________________ is a plea where the defendant does not accept or deny responsibility for the crime(s) charged, but agrees to accept punishment. ANS: Nolo Contendre or No Contest REF: p. 179 OBJ: 04 6. A _____________ is issued if the grand jury fails to find that probable cause to prosecute exists. ANS: no bill REF: p. 176 OBJ: 04 7. In about half the states, a ____________________ is used as an alternative to the grand jury. ANS: preliminary hearing REF: p. 176 OBJ: 04 8. A __________ is the dismissal of a prospective juror for unexplained, discretionary reasons. ANS: peremptory challenge REF: p. 185 OBJ: 11 9. To avoid stigma and labeling, ___________________ programs suspend criminal proceedings so that the accused can participate in treatment under court supervision. ANS: Pretrial Diversion or Diversion REF: p. 183-184 OBJ: 10 10. If a verdict cannot be reached, the trial may result in a ________. ANS: hung jury REF: p. 194 OBJ: 11 ESSAY 1. Identify five innovative bail systems and describe how each works. ANS: Bail is a cash bond or some other security provided to the court to ensure the appearance of the defendant at every subsequent stage of the criminal justice process, especially trial. It is typically granted during a court hearing in felony cases, but in less serious cases can be handled in a variety of ways. The police field citation release is commonly used for misdemeanor charges and is where an arresting officer releases the arrestee on a written promise to appear in court. A police station house release citation is used when the determination of the arrestee’s eligibility and suitability for release are deferred until after he/she has been removed from the scene of arrest. The Police/pretrial jail citation release is used when the arrestees eligibility and suitability for citation release is deferred until he/she has been delivered to the jail or other pretrial detention facility for screening, booking, and admission. Direct release programs streamline the release processes and reduce the length of the stay in detention, Finally, the police/court bail schedule is used when an arrestee can post bail at the station house or jail according to the amounts specified in a bail schedule. REF: p. 172-173 OBJ: 02 2. Compare and contrast the grand jury and preliminary hearing models. ANS: The role of the grand jury today is to act as an independent investigating body. It examines the possibility of criminal activity, issues a report called a presentment, and if probable cause exists, an indictment, or true bill, is affirmed. If no probable cause is found, a no bill is passed. The grand jury meets at the request of the prosecution, the hearings are closed and secret, and neither the defense attorney, the defendant, nor the general public are allowed to attend. As such, the process has been criticized as being a “rubber stamp” for the prosecution. The preliminary hearing is an alternative to the grand jury and takes place in about half the states. Several differences are seen in the preliminary hearing starting with the fact that it is open to the public and conducted by a magistrate or lower court judge. The defendant also has the right to waive proceeding in most states in the event that they have either decided to plead guilty, would like to speed up the criminal justice process or in hopes to avoid negative publicity. REF: p. 176-177 OBJ: 04 3. Discuss the history and direction of bail reform, as well as criticisms directed at the current bail system ANS: Critics believe that the bail system is discriminatory because defendants who are financially well off can make bail, whereas indigent defendants unable to pay are forced to languish in the county jail or pretrial detention. The first bail reform program was called the Manhattan Bail Project which began in 1961 in the NY criminal courts. The project found that if the court had sufficient information about the defendant, it could make a reasonably good judgment about whether the accused would return to court. When release decisions were based on information such as; the nature of the offense, family ties, and employment record, most defendants who were released on their own recognizance (ROR) returned to court. The success of ROR programs in the early 1960s resulted in bail reforms that culminated with the enactment of the federal Bail Reform Act of 1966, the first change in bail laws since 1789. Bail reform is considered one of the most successful programs in the recent history of the criminal justice system. REF: p. 174-175 OBJ: 03 4. What is plea bargaining? What are its effects on the operation of the criminal justice system? What impact does it have on the defendant? ANS: Plea bargaining is the exchange of prosecutorial and judicial concessions for a plea of guilty and is one of the most common practices in the criminal justice system today as more than 90% of criminal convictions are estimated to result from negotiated please of guilty. The plea bargain affects the criminal justice system by reducing overall costs of criminal prosecution. In addition the efficiency of the courts are greatly improves as well as the potential to free up the prosecutions time to devote more time to more serious cases. The defendant who plea bargains is impacted by the potential that they will avoid possible detention, an extended trial, and may receive a reduced sentence. Unfortunately, it also encourages defendants to waive their constitutional right to trial and allows potentially dangerous offenders to receive more lenient sentences. REF: p. 179-180 OBJ: 06 5. Explain three issues that are present when bail is considered. ANS: Bail is a cash bond or some other security provided to the court to ensure the appearance of the defendant at every subsequent stage of the criminal justice process, especially trial. It is also one of the most objectionable aspects in the criminal justice system today. Although bail cannot be used to punish an accused nor can it be denied once granted or revoked at the whim of the court it is still not a right that every accused individual has. Initially, there is a problem of racial and ethnic disparity in the bail process because it works against the poor. Although there are many socioeconomic levels that are not tied to race and ethnicity there still are many groups that are, therefore making bail discriminatory against the poor who may be of racial and/or ethnic minority status. Additionally, it is unfair because a higher proportion of those detained receive longer sentences than those who are released on bail. It is also dehumanizing and potentially detrimental for innocent people who cannot make bail to suffer in our overcrowded, gang infested, and deteriorated jails to await trial. REF: p. 173-174 OBJ: 07 6. Explain 3 legal issues in plea bargaining. ANS: The U.S. Supreme Court has reviewed the propriety of plea bargaining in several decisions and while imposing various limits on its practice, has upheld its continued use. Pleas must be made voluntarily and without pressure. However, a prosecutor can tell the defendant that they may be facing more serious charges or even death if they go to trial therefore making it in their best interest to plea bargain. Many times, defendants make a deal as part of their plea bargain to testify as a co-defendant or give evidence at trial. In plea bargaining, defendants must keep their side of the bargain in order to receive the promised leniency. Finally, despite the criminal justice systems issues with innocent defendants being charged and punished for crimes they did not commit, Accepting a guilty plea from a defendant who maintains his or her innocence is still valid. This may occur when the defendant knows that they may be punished for another indiscretion that is far worse, and therefore chooses to enter a plea on another charge despite their innocence. REF: p. 181 OBJ: 06 7. Can we improve on the current methods of jury selection? How do current procedures impact a fair trial? ANS: Under the 6th Amendment, a criminal defendant has the right to choose whether the trial will be before a judge (bench trial) or with a judge and jury. In jury selection in both civil and criminal cases, jurors are selected randomly from licensing or voter registration lists within the court’s jurisdiction. Once jurors are chosen the sometimes lengthy process of voir dire or tell the truth begins where appropriateness to sit on the jury is then determined. This is where a potential juror discloses relationships to those accused and any bias that may have led them to form an opinion already. It is becoming increasingly difficult to find impartial jurors, especially in the technological age. Jurors are now able to turn to their Blackberry’s and Iphones to seek information that may have been reported as part of a media blitz and may also not be completely accurate to form their opinions. This issue impacts a fair trial as the court process that the potential juror may become part of is supposedly where the truth will be presented based on the evidence. REF: p. 188-190 OBJ: 11 8. Explain what the right to a speedy trial means and how this right may be violated. ANS: The 6th Amendment guarantees the right of a criminal defendant to a speedy trial but there is actually no set time for a speedy trial. This right is more often violated than not, as tactics employed by defense attorneys including pretrial motions, complex plea negotiations, and delay tactics during trial delay this right. In addition, scheduling procedures and abuse of time by court personnel have also made the delay in criminal cases a constitutional issue. Rights may be indeed violated, especially in urban centers where there is a great amount of congestion in the trial courts. This may also be yet another reason that many law practitioners encourage plea bargaining. REF: p. 186 OBJ: 10 9. Through the use of examples, elaborate on what it means to have an open and public trial. What are the impacts of this approach on justice? ANS: The right to a public trial is guaranteed under the 6th Amendment. The right to a public trial is usually unrestricted although there some exceptions that can be made to ensure that the right to a fair trial is also achieved. Adverse pretrial publicity, in cases like the Casey Anthony murder trial and eventual acquittal can prevent a defendant from getting a fair trial. The release of premature evidence by a prosecutor, extensive reporting by the news and press coverage that can begin early in a criminal case can potentially affect the outcome of the case. Unfortunately, as a general rule, pretrial publicity and reporting cannot be controlled however, judges may bar the press from some pretrial legal proceedings and hearings. Other changes that can be made in the interest of justice and the right to a fair trial can include a change of venue where a trial is moved to another jurisdiction where there may be less news coverage and gag orders where the judge instructs the courtroom not to discuss the proceedings. REF: p. 186-187 OBJ: 10 10. Explain the CSI effect and use supporting information from the research to determine if it really exists. ANS: Many attorneys, judges and journalists claim that CSI like programs or those that focus on criminal investigations and courtroom proceedings have influenced jurors expectations. Jurors often except DNA evidence for every case, as seen on tv and may sometimes acquit defendants when no scientific evidence is presented. A study done by Donald Shelton and Eastern Michigan University surveyed 1000 prospective jurors to determine if the CSI effect really does exist. They found that it does indeed exist but not to the extent thought by some. For example, in rape cases, CSI viewers were less likely to convict if DNA evidence was not presented and in breaking and entering cases, victim and other testimony was sufficient to convict. REF: p. 193 OBJ: 10 TEST BANK Chapter 9 MULTIPLE CHOICE 1. What was the most common state-administered punishment in 5th century Roman civilization? a. Mutilation b. Burning at the stake c. Banishment (exile) d. Flogging REF: p. 201 OBJ: 01 2. What term was adopted in 12th century to refer to a breach of faith with one's feudal lord? a. Lex talionis b. Felonia c. Sucor disco d. Mala prohibitum REF: p.201 OBJ: 01 3. What was the principle factor that shaped the punishment of criminals in the sixteenth century? a. The spread of the black plague and the social hysteria that came with it b. The shift from a stable to a wandering nomadic way of life c. Sharp increases in the crime rate d. The changing labor markets that stemmed from urbanization and colonization REF: p. 202 OBJ: 01 4. Poor laws were developed in England at the end of the ____ century. a. 9th b. 11th c. 14th d. 16th REF: p. 202 OBJ: 01 5. What was the final fate of convicts transported to North America or Australia once their period of service was completed in the colonies? a. They were executed. b. They were granted pardons to gain their freedom. c. They were returned to Europe to complete a term of imprisonment. d. They were never released from servitude. REF: p. 202 OBJ: 01 6. What event ended the transportation of felons to North America? a. The American Revolution b. The philosophical writings of the Enlightenment c. Publication of The Fatal Shore d. Passage of the Humanitarian Act in Parliament ANS: A REF: p. 202 OBJ: 01 7. By punishing an offender severely as an example to others achieves the goal of: a. general deterrence. b. rehabilitation . c. specific deterrence. d. incapacitation. ANS: A REF: p. 203 OBJ: 03 8. Sentencing for the purpose of general deterrence has most to do with: a. changing the offender's future behavior through fear. b. modifying the social environment from which the offender came. c. affecting the perception of the general public. d. determining the proportionality of the sentence. REF: p.203 OBJ: 03 9. Using mandatory life sentences so criminals cannot hurt other citizens is the core goal of what? a. Restitution b. Incapacitation c. Retribution d. General deterrence REF: p. 204 OBJ: 03 10. Which goal of sentencing attempts to convince the criminal through punishment that future crime would not be in their own future best interests? a. General deterrence b. Retribution c. Specific deterrence d. Incapacitation REF: p. 203 OBJ: 03 11. What is another term that retribution advocates use to describe the concept of blameworthiness? a. Recidivism b. Just deserts c. Specific deterrence d. Severity REF: p. 205 OBJ: 02 12. Which punishment philosophy holds that criminal sentences should be proportional to the seriousness of the criminal act? a. Just desert b. General deterrence c. Incapacitation d. Restitution ANS: A REF: p. 205 OBJ: 04 13. Approximately _____ of the states have three-strikes laws but nearly ____ of them require the third felony be a serious one. a. 1/4 ; one half b. 1/2 ; all c. 3/4 ; none d. all of ; one quarter REF: p. 208-209 OBJ: 05 14. A fixed term of incarceration is called what? a. An indeterminate sentence b. A determinate sentence c. A mandatory minimum d. A fixed term REF: p. 207 OBJ: 05 15. Who determines the actual length of incarceration in the indeterminate sentence? a. Judge b. Prosecutor and the defense attorney c. State legislature d. Correctional agency and the judge REF: p. 212 OBJ: 06 16. "Let the sentence fit the criminal" best describes the basic philosophy of: a. determinate sentencing. b. mandatory minimums. c. fixed terms. d. indeterminate sentencing. REF: p. 206 OBJ: 06 17. Who has final say in the duration of the offender's prison stay in the determinate sentence? a. Prosecutor b. Parole board c. Judge d. Correctional authority REF: p. 206-207 OBJ: 06 18. In the case of Blakely v. Washington, the Court found that Washington state's sentencing guidelines were in violation of the ____ Amendment. a. Fourth b. Fifth c. Sixth d. Eighth REF: p. 207 OBJ: 06 19. Which of the following is not one of the goals of sentencing guidelines? a. To prioritize and allocate correctional resources b. To reduce prison crowding c. To increase judicial discretion d. To establish truth-in-sentencing REF: p. 207-209 OBJ: 06 20. This gives the victim the opportunity to tell of their experiences and describe their ordeal. a. deterrence hearing b. victim impact statement c. victim sentencing inquiry d. none of these ANS: B REF: p. 214-215 OBJ: 07 21. To qualify for federal funds under truth-in-sentencing laws, states must require persons convicted of a violate felony crime to serve not less than ____ percent of the prison sentence. a. 25 b. 45 c. 65 d. 85 REF: p. 209 OBJ: 06 22. Which of the following statements is false? a. Research shows a strong correlation between legal variables and the type and length of sentence received. b. There is a clear relationship between social class and sentencing. c. Judges may perceive women as better risks than men, thus creating gender bias in sentencing. d. Victim characteristics may influence sentencing. REF: p. 212-213 OBJ: 07 23. Which of the following factors is not a legitimate consideration in setting the length of a prison term? a. The severity of the offense b. Whether the offender used a weapon c. Whether the crime was committed for money d. The offender’s age REF: p. 214 OBJ: 07 24. Approximately how many known executions have been carried out in America under civil authority since 1608? a. More than 8,000 b. More than 10,000 c. More than 14,000 d. More than 16,000 REF: p. 215 OBJ: 08 25. Which of the following statements is true? a. Eighty-eight countries and territories have abolished the death penalty for all crimes. b. Twenty-nine counties retain the death penalty in law but have not carried out any executions for the past ten years or more. c. Since 1994 there have been twenty executions of juvenile offenders, including thirteen in the United States. d. All of these statements are true. REF: p. 215-221 OBJ: 08 26. Which of the following is not an argument for the death penalty? a. Use of discretion b. Incapacitation c. Deterrence d. Proportional to the crime ANS: A REF: p. 215-217 OBJ: 09 27. Which 1972 Supreme Court decision ruled that the death penalty at that time violated the Eighth Amendment’s protection against cruel and unusual punishment? a. McKlesky v. Kemp b. Gregg v. Georgia c. Stanford v. Kentucky d. Furman v. Georgia REF: p. 222 OBJ: 10 28. In 2007, which state was the first to abolish the death penalty by law since 1972? a. Maine b. New Jersey c. Illinois d. North Dakota REF: p. 216 OBJ: 08 29. In Roper v. Simmons (2005) the Court: a. Set a limit of 18 years as the age of defendants who could be sentenced to death b. Ruled that execution of the mentally retarded is prohibited by the Eighth Amendment c. Ruled that only those who commit felony murder may be executed d. Ruled that rapists may not be punished with death ANS: A REF: p. 223 OBJ: 10 30. In cases where the convicted is convicted of two or more charges, and the judges sentences begin on the same day and are completed when the longest term is served it is called a. a. consecutive sentence b. determinate sentence c. concurrent sentence d. mandatory maximum sentence REF: p. 210 OBJ: 09 TRUE/FALSE 1. Once good time is earned by inmates, it cannot be revoked even if the inmates break rules, get into fights, or disobey the rules ANS: F REF: p. 210-211 OBJ: 01 2. The beginning of the Enlightenment Era marked the end of transporting criminals to America. ANS: F REF: p. 202 OBJ: 01 3. The determinate sentence is still the most widely used type of sentence in the United States. ANS: F REF: p. 206 OBJ: 05 4. The chivalry hypothesis states that women benefit from sentence disparity because the system is dominated by men who have a protective attitude toward women. ANS: T REF: p. 213 OBJ: 03 5. Reducing recidivism is the primary goal of a specific deterrence model. ANS: T REF: p. 203-204 OBJ: 03 6. A sentencing target of eight to twenty-five years in prison is an example of a determinate sentence. ANS: F REF: p. 206 OBJ: 05 7. The death penalty is used in all states and by the federal government. ANS: F REF: p. 215 OBJ: 08 8. Death penalty researchers do not all agree that the threat of capital punishment serves as an effective general deterrent to murder. ANS: T REF: p. 215-216 OBJ: 09 9. A number of states in the U.S. have placed a moratorium on executions until the issue of potential for error is adequately addressed. ANS: T REF: p. 217 OBJ: 09 10. More than half of the crime committed in this country is for monetary gain and therefore “whether the crime was committed for money” is NOT one of the factors that affect sentencing. ANS: F REF: p. 212 OBJ: 08 COMPLETION 1. ____________________ were 16th century English laws that were used to put vagrants and abandoned children to work. ANS: Poor laws REF: p.202 OBJ: 01 2. The ____________________ goal of punishment means that an offender must pay back the victim for their loss. ANS: equity/ restitution REF: p. 205 OBJ: 02 3. A sentence of three to twenty years for the crime of burglary is an example of a(n) ____________________ sentence. ANS: indeterminate REF: p. 206 OBJ: 06 4. ____________________ relies on a fixed term of incarceration set in law by the legislature. eterminate sentencing REF: p. 207 OBJ: 06 5. Members of the lower social class may expect to get _______________ than more affluent defendants ANS: longer prison sentences REF: p. 212-213 OBJ: 07 6. Three-strikes laws are an example of a(n) ____________________ sentence. ANS: mandatory REF: p. 208 OBJ: 06 7. The use of ____________________ factors such as offender age is a direct violation of the constitution. ANS: extralegal REF: p. 212 OBJ: 07 8. A ____________________ describes the loss suffered by the victim of a crime. ANS: victim impact statement REF: p. 214 OBJ: 07 9. Supporters of the death penalty argue that capital punishment conforms to the requirement that the punishment be ____________________ to the crime. ANS: proportional REF: p. 217 OBJ: 09 10. In Ring v. Arizona, the Court found that ________not judges must make the critical findings that send convicted killers to death row ANS: juries REF: p. 223 OBJ: 09 ESSAY 1. Discuss the history of punishment, including the rise of prisons. ANS: The punishment and correction of criminals has changed considerably through the ages, reflecting custom, economic conditions, and religious and political ideals. In early Greece and Rome, the most common state administered punishment was banishment or exile. During the Middle Ages there was little law or governmental control and offenses often sparked blood feuds and vendetta’s carried out by families or the injured parties. The development of the common law in the 11th century brought some standardization to penal practice but corrections remained an amalgam of fines and corporal or brutal physical punishments. By the end of the 16th century, punishment of criminals shifted to meet the demands of overseas colonization where offenders were forced to do hard labor for their crimes instead of being tortured or executed. Houses of correction were developed to make it convenient to assign petty law violators to work details. This time period also included transportation of felons to North America. As the criminal population grew into the latter part of the 18th century prisoners were housed in abandoned ships anchored in rivers and harbors. By 1820 incarceration in walled institutions called reformatories or penitentiaries replaced physical punishment. Today our primary methods of punishment for serious and chronic offenders are those walled institutions and reformatories that are categorized by custody and security level into jails and prisons. REF: p. 201-202 OBJ: 01 2. Elaborate on the major goals of criminal sentencing. What message regarding crime and criminals does each of these objectives convey? ANS: The objectives of criminal sentencing today can be grouped into 5 areas; General and Specific Deterrence, Incapacitation, Retribution/Just dessert, Rehabilitation and Equity/restitution. Deterrence is one of the most popular goals of sentencing and attempts to teach the offender or a group of would-be offenders a lesson. In general deterrence the premise is that others will be too afraid to break the law if they believe that they will be caught and punished severely. In contrast, specific deterrence is used for the individual law breaker to convince him or her that the pains of punishment are greater than the benefits of the crime. The goal of incapacitation is justifiable because prison and jail inmates who have been taken out of their communities and placed in a walled institution for punishment will not be able to repeat their criminal acts while under control of the state. Unfortunately, this may not be the case as our facilities are often full of violence, victimization, criminal behavior and gang issues and many researchers have nicknamed our state institutions criminal universities. Retribution or just desert is to further the goal of punish deserving offenders, fairly, and justly, in a manner that is proportionate to the gravity of their crime(s). The concept of just desert describes that the punishment should fit the crime and be no less and no more than the offender’s actions deserve. Finally rehabilitation and equity restitution are used under the premise that with proper treatment, the offender will present no further threat to society. Equity/restitution is where the convicted criminal will pay their debt to society and the justice system for the disruption they have caused. REF: p. 203-205 OBJ: 02 3. Describe and contrast the sentencing models of indeterminate, and determinate. ANS: When a convicted offender is sentenced to prison, the statutes of the jurisdiction in which the crime was committed determine the penalties that the court may impose. The indeterminate sentence is still the most widely used type of sentence despite having been created in the 1870’s. This type of sentence represents a range between a “light” minimum sentence and a lengthy maximum sentence. Under this scheme, the actual length of time served by the offender is controlled both by the judge and the correctional agency and has the potential to factor in time off for good behavior if the state subscribes to that practice and eligibility for parole when appropriate. The basic purpose is to individualize the sentence in the interests of rehabilitating the offender. Dissatisfaction with the disparity and uncertainty of indeterminate sentencing, the federal government has abandoned this model in favor or determinate sentencing to curb judicial discretion. Determinate sentences offer a fixed term of years, the maximum set in law by the legislature, to be served by the offender sentenced to prison or jail for a particular crime. For example, some states and the federal government has imposed determinate sentences for all crime that involved the use of a firearm. REF: p. 206-207 OBJ: 04 4. Do judges have too much discretion when it comes to sentencing? Can sentencing guidelines or determinate sentencing control judicial discretion? ANS: With multiple sentencing models, judges hold the future of the offenders’ punishment, rehabilitation, and deterrent lessons learned in a delicate balance with a great amount of discretion. Sentencing guidelines have been implemented to give judges a recommended sentence based on the seriousness of the offense and the background of the offender. Usually, the more serious the crime and the more extensive the offender’s background, the longer the prison term recommended by the guidelines. Guidelines are designed to reduce racial and gender disparity by eliminating judicial discretion. However because guidelines could potentially allow judges to consider aggravating factors that would enhance the sentence, they may be a violation of the defendant’s sixth amendment rights. The guidelines and determinate sentencing models definitely have the potential of controlling judicial discretion however after several challenges in the Supreme Court, they have now become advisory instead of mandatory. REF: p. 207 OBJ: 06 5. Discuss whether or not determinate, mandatory, or truth-in-sentencing models deter crime? ANS: Determinate sentences offer a fixed term of years, with a maximum number of years set by the legislature. Mandatory sentences may impose a minimum and maximum term but typically require a fixed sentence. Truth in sentencing models require offenders to serve a substantial portion of their sentence behind bars and limit or eliminate parole eligibility and good time credits. All three of the models have their merits although determinate sentences are potentially infringing on the rights of offenders, mandatory sentencing have helped increase the size of correctional populations to record overcrowding, and truth in sentencing may make the public feel more comfortable about the offender receiving their just desert but even with the elimination or restriction of parole eligibility and good time credit, the majority of offenders will still be released from prison at some points and need the skills to create and live as a law abiding member of society. REF: p. 208-209 OBJ: 05 6. Elaborate on the relationship between race and sentencing. ANS: Racial disparity and sentencing has always been at the center of debate. It is suspected because a disproportionate number of African American inmates are in state prisons and on death row. Minorities, in particular those that are indigent or unemployed, seem to receive longer sentences than Caucasians. One of the aspects that may explain the disparity is that young black men are more likely to be imprisoned for drug offenses, which places an entire cohort of young African American males in jeopardy. Additionally, race may affect sentencing in other ways as well. Research indicates that the victim’s race may play an even more important role in sentencing than the offender. Minority defendants are sanctioned more severely if their victim is white than if their target is a fellow minority group member. REF: p. 214 OBJ: 07 7. List the factors that influence sentencing and discuss how each factor does so. ANS: Factors influence judges when they decide on criminal sentences including the severity of the offense, the offender’s prior criminal record, whether the offender used violence, whether the offender used weapons, and whether the crime was committed for money. Crime seriousness and the offender’s prior record are considered, as are whether or not violence and weapons were used, and whether the crime was committed for money. Research shows a strong correlation between the above legal variables and type and length of sentence received. There is also potential for some judges to be influenced by the defendant’s age, race, gender, and income. Judges may be more lenient with elderly defendants and more punitive toward younger ones. When Race is concerned, no issue concerning personal factors in sentencing is more important than the suspicion that race influences sentencing outcomes. The chivalry hypothesis suggests that women benefit from sentence disparity and receive more favorable outcomes the further they go in the criminal justice system. Finally, Social class is a factor in sentencing as we often see that members of the lower class may expect to get longer prison sentences REF: p. 212-214 OBJ: 07 8. List and briefly discuss the arguments for and against the death penalty. ANS: The most severe sentence used in the United States is capital punishment. In recent years the Supreme Court has limited the death penalty to first degree murder and only when aggravating circumstances are present. Those in support of the death penalty may use specific deterrence to explain the need for capital punishment because one that is dead can no longer commit a crime. Similarly from a general deterrent perspective proponents claim that execution can produce a substantial decline in the crime rate. Supporters also claim that harsh punishment is morally correct and proportionality to the crime is of utmost importance. In today’s criminal justice system we use a system of escalating punishments, so it follows that the most serious punishment should be used to sanction the most serious crime. Additionally, supports also claim that it represents the will of the people and with all of the many legal controls and appeals in place, it makes it impossible or unlikely for error to occur where an innocent person can be executed in a racist or capricious manner. On the other hand, there are many opponents of the death penalty. There is recent scientific evidence based on DNA testing that there are currently and have always been wrongfully convicted death row inmates. With this recent attention and attention to DNA testing leading to exonerations, opponents argue that innocent people are being executed. Because of the chances of error in these cases a number of cases have even placed a moratorium on executions. Critics also frown on the discretion used in seeking the death penalty and call it misplaced vengeance, has weak public support and has little deterrent effect. In this light, most studies show that the murder rate does not seem to rise when a state abolishes capital punishment as well as little evidence that the rate decreases. REF: p. 215-221 OBJ: 09 9. Elaborate on the court's involvement in concerns over the death penalty. Discuss relevant case law. ANS: The constitutionality of the death penalty has been a concern of the nations’ courts. In 1972, in the case of Furman v. Georgia took up the issue of whether the death penalty constitutes cruel and unusual punishment under the 8th amendment. The Supreme Court did not completely rule out the use of capital punishment but rather objected to the arbitrary and capricious nature in which it was imposed. Then in July 1976, the court ruled on the constitutionality of five state death penalty statutes including Gregg v. Georgia that found that at least one aggravating circumstance needs to be found by jury out of a total of 10 for a death penalty finding. The court has limited crimes for which the death penalty can be employed by ruling that it is not permissible to punish rapists, even those who rape children. In addition, the mentally ill may not be executed and the court in 2005, set a limit that those youth that were not 18 at the time of their offense could not be sentenced to death. REF: p. 222 OBJ: 10 10. Describe what researchers have found concerning the death penalty as a deterrent. ANS: Considerable empirical research has been carried out on the effectiveness of capital punishment as a deterrent. Three methods in have been used to study the effect on crime versus life imprisonment. Immediate impact studies calculate the effect that a well publicized execution has on the short-term murder rate. A time series analysis compares long term trends in murder and capital punishment rates. And contiguous state analysis compares murder rates in states that have the death penalty with murder rates in a similar state that has abolished capital punishment. The key issue in the capital punishment debate is whether it can actually lower the murder rate and save lives. Over a sixty year period, most researchers have failed to show any deterrent effect of capital punishment. REF: p. 220 OBJ: 09 TEST BANK Chapter 10 MULTIPLE CHOICE 1. What common-law practice allowed judges to suspend punishment so that convicted offenders could seek a pardon, gather new evidence, or demonstrate that they had reformed their behavior? a. Judicial reprieve b. Recognizance c. Probation d. The wergild ANS: A REF: p. 230 OBJ: 02 2. Probation sentences involve; a. A contract between the prison and the offender where they are released early b. Rules or conditions mandated by the prison c. A deserving suspect d. A deserving defendant REF: p. 231 OBJ: 03 3. What modern concept is attributed to the 19th century volunteer work of John Augustus? a. Prison b. Parole c. Jail d. Probation REF: p. 230 OBJ: 02 4. For misdemeanors, probation usually extends for the entire period of a would-be jail sentence, whereas felonies are more likely to warrant probationary periods that are ________________ the suspended prison sentence. a. slightly longer than b. actually shorter than c. extremely longer than d. felonies are not eligible for probationary periods REF: p. 231 OBJ: 03 5. What entity initially sets down the conditions or rules of behavior that must be followed by the probationer? a. The court b. The correctional authority c. The victim's assistance office d. A private, third party contractor ANS: A REF: p. 231 OBJ: 04 6. Which state was the first to authorize the appointment of a paid probation officer? a. Alaska b. Texas c. Connecticut d. Massachusetts REF: p. 230 OBJ: 04 7. _____________ refers to the process in which a probation officer settles cases at the initial appearance before the onset of formal criminal proceedings. a. Intake b. Pre-sentence investigation c. Diagnosis d. Adjudication ANS: A REF: p. 233-235 OBJ: 05 8. The ________________ is conducted primarily to gain information for judicial sentences. a. intake b. pre-sentence investigation c. diagnosis d. adjudication REF: p. 233 OBJ: 05 9. What happens when probation is revoked? a. The probation contract is terminated and the original sentence is imposed b. The judgment is deferred until such time as the defendant is rehabilitated c. The suspended sentence is held in abeyance and the defendant is subject to mandatory participation in a pretrial diversion program d. The probation contract is extended and a prison term is imposed ANS: A REF: p. 237 OBJ: 05 10. Which duty involves evaluating the probationer based on information from the initial intake or presentence investigation? a. Investigation b. Intake c. Diagnosis d. Treatment supervision REF: p. 233-235 OBJ: 05 11. Which of the following is not a landmark Supreme Court case that deals with the legal rights of probationers? a. United States v. Weeks b. Minnesota v. Murphy c. Griffin v. Wisconsin d. United Sates v. Knights ANS: A REF: p. 236 OBJ: 07 12. In ___________, the Court ruled that the probation officer/client relationship is not confidential. a. United States v. Weeks b. Minnesota v. Murphy c. Griffin v. Wisconsin d. United Sates v. Knights REF: p. 236 OBJ: 07 13. In ______, the Supreme Court held that a probationer's home may be searched without a warrant on the grounds that probation departments "must respond quickly to evidence of misconduct." a. United States v. Weeks b. Minnesota v. Murphy c. Griffin v. Wisconsin d. United Sates v. Knights REF: p. 236 OBJ: 07 14. This therapy assumes that most people can become conscious of their own thoughts and behaviors and then make positive changes. a. Cognitive behavioral therapy b. Motivational suspicions c. Youth finding boundaries d. All of the above ANS: A REF: p. 237 OBJ: 07 15. National data indicate that approximately ____ percent of probationers successfully complete their probationary sentence. a. 20 b. 40 c. 60 d. 80 REF: p. 238 OBJ: 08 16. Which of the following individuals is most likely to succeed on probation? a. A young unemployed male b. A single female without a high school diploma c. A single male with a prior criminal record d. A married female with a part-time job REF: p. 239 OBJ: 08 17. Many scholars argue that probation will continue to be the sentence of choice in both felony and misdemeanor cases because it: a. controls for recidivism better than other intermediate sanctions. b. holds the promise of great financial savings. c. best fulfills the promise of rehabilitation. d. is justified in the ladder of punishment as a just-desert sanction based on the severity of the criminal act. REF: p. 238 OBJ: 08 18. Which of the following is not a form of intermediate sanction? a. Intensive probation supervision b. House arrest c. Residential community corrections d. Sentencing circles REF: p. 241-242 OBJ: 09 19. What is the least punitive alternative on the punishment ladder? a. Forfeiture b. Pretrial release c. Fines d. Restitution REF: p. 241 OBJ: 09 20. What is the most punitive alternative on the punishment ladder? a. Residential community center b. Pretrial release c. Restitution d. House arrest ANS: A REF: p. 241 OBJ: 09 21. What type of fine is geared to the offender's net daily income? a. Social security fines b. Tax fines c. Brevity fines d. Day fines REF: p. 242 OBJ: 09 22. What did the Court rule in Tate v. Short? a. Incarcerating a person who is financially unable to pay a fine discriminates against the poor. b. All criminal defendants, regardless of financial situation, may be fined and incarcerated if unable to pay the fine. c. Offenders must be offered a community service alternative to fine payment. d. Most fines were imposed in an arbitrary and discriminatory manner that violates constitutional rights ANS: A REF: p. 242 OBJ: 07 23. Which of the following is considered to be a federal forfeiture program? a. DRC programs b. The RICO Act c. The Organized Crime and Antidrug Act d. RCC centers REF: p. 243 OBJ: 09 24. What is the term associated with the strict interpretation of forfeiture statutes that produces property confiscations for even minor drug violations? a. Zero tolerance b. RICO raiding c. Shock forfeiture d. Day fines ANS: A REF: p. 243 OBJ: 09 25. Community service is an example of what? a. Forfeiture b. Shock incarceration c. Restitution d. Intensive probation supervision REF: p. 243-244 OBJ: 09 26. Resentencing an offender to probation after a short prison stay is termed: a. shock probation. b. intensive probation supervision. c. split sentencing. d. residential community corrections. ANS: A REF: p. 244-245 OBJ: 09 27. Which intermediate sanction makes a jail term a condition of probation? a. Shock probation b. Intensive probation supervision c. Split sentencing d. Residential community corrections REF: p. 245 OBJ: 09 28. Which of the following is the primary goal of Intensive Probation Services (IPS)? a. Decarceration b. Rehabilitation c. Retribution d. Incapacitation ANS: A REF: p. 245 OBJ: 09 29. According to the basic principles of restorative justice, the first priority of the justice process is to: a. restore the community to the degree possible. b. assist the victim(s). c. shame the offender. d. treat all offenders equally. REF: p. 248-249 OBJ: 10 30. John Braithwaite argues that crime control can be better achieved through a policy of: a. restitution. b. reintegrative shaming. c. intensive supervision. d. residential community corrections. REF: p. 248 OBJ: 10 TRUE/FALSE 1. Probation typically involves the suspension of an offender's sentence for promise of good behavior in the community. ANS: T REF: p. 229-230 OBJ: 03 2. Hot Spot probation is used in some areas and represents a team approach. ANS: T REF: p. 240 OBJ: 03 3. Judges are generally granted discretion to tailor the restrictions of a probation sentence to fit what they deem to be the needs of the individual offender. ANS: T REF: p. 231 OBJ: 04 4. The philosophy of probation is that the average offender is not actually a dangerous criminal or a menace to society. ANS: T REF: p. 230 OBJ: 02 5. The probation officer has little say in the planning of a probationer's treatment program. ANS: F REF: p. 233 OBJ: 05 6. Intermediate sanctions can be scaled in severity to correspond to the seriousness of the crime. ANS: T REF: p. 241 OBJ: 05 7. Programs such as house arrest and restitution are examples of community parole. ANS: F REF: p. 241 OBJ: 09 8. Restitution ranks lower than probation on the punishment ladder. ANS: F REF: p. 241 OBJ: 09 9. Intensive probation supervision has been proven effective at reducing re-offending rates. ANS: F REF: p. 245 OBJ: 09 10. Some jurisdictions have instituted restorative justice programs called “sentencing circles” as a form of diversion from the court process. ANS: F REF: p. 250 OBJ: 10 COMPLETION 1. ____________________ entails the conditional release of a convicted offender, without a jail term, into the community under the supervision of the court, subject to certain conditions for a specified time. ANS: Probation REF: p. 229-230 OBJ: 03 2. The severity of punishment is geared to the offender’s ability to pay in ____________________ ay Fines REF: p. 240 OBJ: 03 3. A(n) ____________________ is a sentence of incarceration that is not carried out unless the offender disobeys the rules of probation while in the community. ANS: suspended sentence REF: p. 231 OBJ: 04 4. According to the ________________view crime shares a common trait in that it brings harm to the community in which it occurs ANS: restorative REF: p. 248 OBJ: 05 5. ____________________ involves analyzing and assigning cases to a level and type of supervision on the basis of the clients' particular needs and the potential for harm to the community. ANS: Risk classification REF: p. 233-234 OBJ: 06 6. Programs such as fines and forfeiture are examples of ____________________ sanctions. ANS: intermediate REF: p. 242 OBJ: 09 7. ____________________ is when the offender must pay the victim or community back for damages. ANS: Restitution REF: p. 243-244 OBJ: 09 8. ____________________ is resentencing an offender to probation after a short prison stay. ANS: Shock probation REF: p. 244-245 OBJ: 09 9. ____________________ is often used along with house arrest to ensure obedience to home confinement orders. ANS: Electronic monitoring REF: p. 246-247 OBJ: 09 10. John Braithwaite's model of restorative justice relies on the concept of ____________________ to gain compliance and reintegrate the offender into the community. ANS: Reintegrative shaming REF: p. 248 OBJ: 10 ESSAY 1. How has the historical development of probation affected its modern operation? How would you answer someone who says that intensive probation is merely a return to probation as it was originally envisioned by John Augustus? ANS: The idea of community supervision began in medieval times with the practice of judicial reprieve which allowed judges to suspend punishment so that convicted offenders could seek pardon, gather new evidence or demonstrate they had reformed their behavior. Other practices called recognizance enabled convicted offenders to go unpunished if they agreed to refrain from further criminal behavior and sureties or certain people had to make themselves responsible for the behavior of the offender. The modern probation concept originated with John Augustus who began to supervise offenders released to his custody by a Boston judge in 1841. Probation is a criminal sentence that suspends or delays a correctional term in a prison or jail. The philosophy of probation rests on the assumption that the typical offender is not a dangerous criminal but someone who has the ability to reform. Once on probation, the offender is subject to certain rules and conditions that must be followed to remain in the community. If conditions are not followed there is potential that the community sentence will be terminated. However in most states they have a more stringent program called intensive probation supervision (IPS) where the primary goal is decarceration. Such programs rely on a great degree of client contact to achieve the goals of decarceration control, and reintegration and therefore we see the concepts of recognizance and sureties in ISP as a throwback to what John Augustus envisioned and intended. REF: p. 230-231 OBJ: 02 2. Discuss the major functions that probation officers perform. ANS: There are five primary tasks that probation officers perform which include; pre-sentence investigation, intake, diagnosis, treatment supervision, and risk classification. A pre-sentence investigation is conducted to gain information for judicial sentences. Intake is a process by which POs interview cases that have been summoned to the court for initial appearances. Diagnosis is the analysis of a probationer’s personality and the subsequent development of a personality profile that may be helpful in treating the offender. Effective supervision protects the probation department from civil liability. However, with today’s heavy caseloads there are limited opportunities for hands-on treatment, and most probation treatment efforts rely on community resources. And risk classification involves classifying and assigning cases to a level and type of supervision on the basis of the client’s particular needs and the risks they present to the community. REF: p. 234-235 OBJ: 05 3. What is risk classification and is it an effective tool in the fight against repeat offending? ANS: In order to select the appropriate treatment modes, probation officers analyze the client’s character, attitudes, and behavior through diagnosis/risk classification. An effective diagnosis integrates all that has been learned about the individual, organized in such a way to facilitate the establishment of future treatment goals. Based on a risk assessment, offenders are assigned to specific supervision levels. There is potential that the right level of supervision and treatment would result in a lower recidivism rate however this is also dependant on the offenders willingness to change their lifestyle and circumstances based on the treatment and opportunities provided. Overall, most probationers (about 60 percent) successfully complete their probationary sentence and most revocations occur during the first three months of the probation sentence REF: p. 233-235 OBJ: 06 4. Discuss the factors that contribute to a person's failure on probation. ANS: In most situations where criminal offending is involved there are always issues and factors that may be uncontrollable based on upbringing and lifestyle, leading to willingness to engage in illegal or immoral behavior. Many probationers bring with them a lot of emotional baggage that may reduce the chances of successful rehabilitation. In particular, young males who are unemployed or have lower incomes, a prior criminal record, and a history of instability are most likely to be rearrested. Prior record is also related to probation success and most revocations occur during the first three months of the probation sentence. REF: p. 238-239 OBJ: 04 5. Compare and contrast three intermediate sanctions in terms of their structure and effectiveness. ANS: Intermediate sanction programs typically include intensive probation supervision, house arrest, electronic monitoring, restitution orders, shock probation or split sentences, and residential corrections. They may also include sentences administered independently of probation staffs, such as fines and forfeiture, pretrial programs, and pretrial and post-trial residential programs. Fines are monetary payments are imposed on offenders as an intermediate punishment for their criminal acts. They can be used as the sole sanction or combined with other punishments and most jurisdictions, give little guidance to judges directing the impositions of fines. Research conducted questions the effectiveness of fines due to the issue of punishing those that are of lower socioeconomic status who may have committed their crime(s) to obtain monetary stability. Criminal forfeiture proceedings target property used in a crime and do not require that formal criminal proceedings be initiated against a person or that they are proven guilty. The government has been criticized for being overzealous in its application of forfeiture statutes because the penalty is sometimes disproportionate to the crime involved. Another sanction, restitution takes the forms of monetary restitution or community service restitution. Restitution programs offer the offender the chance to avoid jail or a prison sentence. Judges and probation officers have embraced the concept of restitution since it appears to benefit the victim, the offender, the criminal justice system, and society. REF: p. 241-245 OBJ: 09 6. A number of important legal issues surround probation. Using no more than 3 pertinent cases to illustrate, discuss the civil rights of probationers. ANS: The Court has ruled that probationers have a unique status and therefore are entitled to fewer constitutional protections than other citizen. In the realm of civil rights despite our rights under the U.S. Constitution, In Griffin v Wisconsin the court held that a probationer’s home may be searched without a warrant because probation departments “have in mind the welfare of the probationer” and must “respond quickly to evidence of misconduct. In Minnesota v. Murphy the court held that the probation officer-client relationship is not confidential, as are physician-patient or attorney-client relationships. If a probationer admits to committing a crime to his or her probation officer, the information can be passed on to the district attorney. REF: p. 236 OBJ: 07 7. Describe the strengths and weaknesses of shock probation and split sentencing. ANS: Shock probation and spit sentences are alternative sanctions designed to allow judges to grant offenders community release only after they have sampled prison life. Shock probation involves resentencing an offender to probation after a short prison stay. In a number of states and in the Federal Criminal Code, a jail term can actually be a condition of probation, known as split sentencing. Shock probation and split sentencing have been praised as ways to limit prison time, reintegrate the client quickly into the community, maintain family ties, and reduce prison populations and the costs of corrections. They have also been criticized by those who argue that even a brief period of incarceration can interfere with the purpose of probation. REF: p. 244-245 OBJ: 09 8. Describe the several ways in which intensive probation supervision is used and its effectiveness. ANS: Intensive supervision probation programs (IPS/ISP) programs are used in several ways. In some states IPS is a direct sentence imposed by a judge and in others it is a post sentencing alternative used to divert offenders from the correctional system. IPS is also used as a case management tool to give local staff the flexibility in dealing with and planning for clients. In addition some jurisdictions use IPS in all three ways in addition to applying it to probation violators to bring them halfway back into the community without resorting to a prison term. It should come as no surprise that IPS clients have a high rate of failure because they may be more serious criminals who might otherwise have been incarcerated. That said, IPS seems to work better for those with good employment records and when it is combined with particular treatment modalities such as cognitive behavioral treatment, which stresses such life skills as problem solving, social skills, negotiation skills, management of emotion, and values enhancement. REF: p. 245-246 OBJ: 09 9. Discuss structure and the effectiveness of residential community corrections programs. ANS: RCC is a vehicle to provide intermediate sanctions as well as a prerelease center for those about to be paroled from the prison system and presents the most secure type of intermediate sanction. RCC has been used as a direct sentencing option for judges who believe particular offenders need a correctional alternative halfway between traditional probation and a stay in prison. One recent development has been the use of RCC facilities as day reporting centers (DRC). These provide a single location to which a variety of clients can report for supervision and treatment. They can be successful at reducing recidivism but seem to work better with older and more experienced offenders, as opposed to younger offenders. On the other hand DRC participants with alcohol problems, criminal companions, and poor living situations are also more likely to fail, while those who receive counseling seem to do better. REF: p. 247 OBJ: 09 10. Outline the main premises of restorative justice. Discuss the challenges of this model and how these challenges may be overcome. ccording to the restorative view, crimes share one common trait─ they bring harm to the community in which they occur and a justice policy is needed which repairs harm caused by crime and includes all parties that have suffered that harm, including the victim, the community, and the offender. Some crime experts believe that current policies based on getting “tough on crime” can cause crime rates to fluctuate higher and offenders to commit more crime. An important aspect of restorative justice is for offenders to accept accountability for their actions and responsibility for harm caused. While restorative justice holds great promise, there are some concerns. Programs need to be wary of the cultural and social differences found in a heterogeneous society. The greatest task is balancing the needs of offenders against those of their victims as entry into these programs may be tilted towards white offenders. REF: p. 248-249 OBJ: 10 TEST BANK Chapter 11 MULTIPLE CHOICE 1. When did the concept of incarcerating convicted offenders as a form of punishment become the norm for corrections? a. During biblical times b. 14th century c. 17th century d. 19th century REF: p. 256 OBJ: 03 2. Where were the English forced to house large numbers of prisoners in the late eighteenth century? a. In the ancient Le Stinche prison b. In the basement of Westminster Abbey c. In abandoned coal and copper mines d. On prison hulks and barges REF: p. 257-258 OBJ: 03 3. The "modern" American correctional system had its origin in what state? a. New York b. Pennsylvania c. New Jersey d. Massachusetts REF: p. 258 OBJ: 05 4. What group formed the Philadelphia Society for Alleviating the Miseries of Public Prisons? a. Buddhists b. Catholics c. Quakers d. Mormons REF: p. 258 OBJ: 05 5. The Pennsylvania system in corrections, was the first to take the radical step of what?: a. Creating a specific gang intervention program b. Creating dormitory type spaces for inmates to stay c. Placing each inmate in a single cell d. Placed inmates in pre-release work REF: p. 260 OBJ: 05 6. Which prison system was known as the congregate system? a. New Jersey system b. Auburn system c. Pennsylvania system d. Newbern system REF: p. 260 OBJ: 05 7. What was the key to discipline in the Auburn system? a. Flogging b. Branding c. Prayer and penitence d. Silence confinement REF: p. 260 OBJ: 05 8. What is the name for the system that allowed prison officials to sell the labor of inmates to private businesses? a. Property in service system b. Guardian system c. Contract system d. Convict-lease system REF: p. 261 OBJ: 05 9. The “modern” American correctional concept has its origin under the leadership of? a. William Penn b. George Washington c. Alexander Machonochie d. Cesare Beccarria ANS: A REF: p. 258 OBJ: 06 10. The major similarity between the Pennsylvania and the Auburn system was? a. Penitence and prayer b. Group or congregate work c. Tiered cells d. Silent, harsh punishment REF: p. 260 OBJ: 06 11. Which of the following is not one of the five primary purposes for jails? a. Detain accused offenders awaiting trial b. Hold probationers and parolees who are awaiting a revocation hearing c. House convicted felons when state prisons are overcrowded d. Hold mental patients when asylums are overcrowded REF: p. 265 OBJ: 07 12. Which of the following statements is false regarding the population of jail inmates according to the text? a. The number of juveniles in adult facilities has been dramatically increasing in the past decade. b. Less than 10 percent of jail inmates are female. c. Men and the poor are over-represented among jail inmates. d. Racial and ethnic minorities are over-represented among jail inmates. ANS: A REF: p. 265 OBJ: 07 13. An important trend in prisons of the twentieth century was the a. development of the modern convict-lease system b. development of increased rigidity and more prison rules c. replacement of solitary confinement with the whip and lash d. development of specialized prisons designed to treat particular types of offenders. REF: p. 263 OBJ: 07 14. Almost ________jail inmates are adult males. a. 7 out of 10 b. 8 out of 10 c. 9 out of 10 d. None of these REF: p.265 OBJ: 07 15. Which of the following is false regarding new-generation jails? a. Unobserved inmates are essentially unsupervised. b. Continuous observation of residents is permitted. c. Direct supervision jails involve a cluster of cells surrounding a living area. d. Indirect supervision jails are a type of new-generation jail. ANS: A REF: p. 266-267 OBJ: 08 16. What type of jail has the correctional officer's station located inside a secure room? a. Linear jail b. Indirect supervision jail c. Direct supervision jail d. Maximum security jail REF: p. 267 OBJ: 08 17. Which of the following statements best describes correctional technology? a. Escape from jail can be prevented through the monitoring of an inmates' heartbeat. b. Ground penetrating radar can locate tunnels inmates use to escape. c. An all-in-one detection spray can be used to detect someone who possesses marijuana, methamphetamines, heroin, or cocaine. d. All of these are true regarding correction technology. REF: p. 268 OBJ: 06 18. Joliet and the "The Rock" were examples of what type of prison? a. Maximum security b. Medium security c. Minimum security d. A prison farm ANS: A REF: p. 267 OBJ: 09 19. The primary purpose of a maximum-security prison is: a. rehabilitation. b. security. c. deterrence. d. silence. REF: p. 267 OBJ: 09 20. Prison farms and camps are found primarily in what section of the country? a. Northeast b. East coast c. Northern tier of states d. South and the West REF: p. 270 OBJ: 09 21. Shock incarceration programs generally last how long? a. 1 to 2 days b. 1 to 3 weeks c. 90 to 180 days d. 6 to 12 months REF: p. 270 OBJ: 09 22. Shock incarceration is generally designed with what target population in mind? a. Violent offenders b. Elderly offenders c. Drug offenders d. Youthful, first-time offenders REF: p. 270 OBJ: 09 23. The U.S. Correctional Corporation opened its first private prison in what state? a. New York b. Kentucky c. Virginia d. Georgia REF: p. 270-271 OBJ: 09 24. Private prisons have the unique advantage of: a. Allowing the government to circumvent the voting process to approve a bond issue b. Being selective in which inmates are housed. c. Not cutting corners, because they have private sources of funding. d. It is difficult to determine accountability for problems and mishaps. ANS: A REF: p. 271 OBJ: 09 25. One day in prison costs more than ____ day(s) on parole a. 1 b. 5 c. 10 d. 15 REF: p. 272 OBJ: 10 26. Approximately ____ percent of the young male African American population without a high school diploma or GED are currently behind bars a. 17 b. 27 c. 37 d. 47 REF: p. 273 OBJ: 10 27. The inmate population in the US has __________ despite a decade long crime drop. a. increased exponentially b. stabilized c. only decreased minimally d. stayed the same REF: p. 273 OBJ: 10 28. The majority of inmates the U.S are _____? a. housed in maximum or super-maximum facilities b. housed in private prisons c. alcohol and/or drug dependant at the time of their arrest d. first time violent offenders who will serve long sentences REF: p. 267 OBJ: 10 29. Which of the following is a factor that helps contribute to swelling prison populations? a. Failure of community release programs b. Mandatory sentencing laws c. Conviction rates d. All of these REF: p. 274 OBJ: 10 30. Which of the following is true regarding future prison trends? a. Fewer people are receiving a prison sentence than five years ago. b. A significantly greater number of people are receiving prison sentences than a decade ago. c. Policymakers are shifting to a rehabilitation perspective. d. All states spend more on prisons than higher education. ANS: A REF: p. 273 OBJ: 10 TRUE/FALSE 1. Penal Institutions where offenders would go to be deprived of their freedom for punishment have been around since the 10th century. ANS: F REF: p. 256 OBJ: 05 2. Supporters of the Pennsylvania system believed that the penitentiary was truly a place to experience penitence. ANS: T REF: p. 258-259 OBJ: 05 3. The "modern" American correctional system has its origins in New York. ANS: F REF: p. 258 OBJ: 05 4. The Quakers pressured the state legislature to improve conditions in the prisons in Pennsylvania. ANS: T REF: p. 258 OBJ: 06 5. Medium-security prisons promote greater treatment efforts than maximum-security prisons. ANS: T REF: p. 269 OBJ: 06 6. The rehabilitation movement of the 1960s was guided by the medical model. ANS: T REF: p. 264 OBJ: 06 7. Boot camps are a form of shock incarceration. ANS: T REF: p. 270 OBJ: 09 8. The number of adult females in jail has been growing at a much faster rate than males. ANS: T REF: p. 265 OBJ: 10 9. The amount of time served in prison has decreased ANS: F REF: p. 274 OBJ: 09 10. The Federal government has closed its boot camp program. ANS: T REF: p. 271 OBJ: 09 COMPLETION 1. The penitentiary house was a central feature in the early ____________________ prison system. ANS: Pennsylvania REF: p. 258 OBJ: 05 2. The tier system was first introduced as part of the ____________________ system. ANS: Auburn REF: p. 260 OBJ: 05 3. The Auburn system was also referred to as the ____________________ system since most prisoners ate and worked in groups. ongregate REF: p. 260 OBJ: 05 4. The ____________________ was the judicial policy of not interfering in the administrative affairs of prisons. ANS: hands-off doctrine REF: p. 263 OBJ: 06 5. ____________________ are found primarily in the South and West and have been in operation since the 19th century. ANS: Prison farms and camps REF: p. 270 OBJ: 07 6. ____________________ prisons are the most stringent type of facilities that lock down inmates 23 hours a day. ANS: Super-maximum security REF: p. 267-269 OBJ: 09 7. In a(n) ____________________ inmates have a great deal of personal freedom that sometimes includes work furloughs ANS: minimum-security prison REF: p. 269 OBJ: 09 8. Boot camps are an example of ____________________ incarceration. ANS: shock REF: p. 270 OBJ: 09 9. A halfway house is an example of a(n) ____________________. ommunity correctional facility REF: p. 271 OBJ: 06 10. The U.S. Corrections Corporation opened the first ____________________ prison in 1986. ANS: private REF: p. 271-272 OBJ: 09 ESSAY 1. Elaborate on the history and origins of corrections in the U.S. Include a discussion of the Pennsylvania and Auburn systems. ANS: Penal institutions have been around since the10th century in England to hold pretrial detainees and those waiting for their sentence to be carried out. During the 12th century, King Henry II of England constructed a series of jails to hold thieves and vagrants prior to the disposition of their sentence. The jailer of penal institutions historically was a shire reeve who ran the jail under the “fee system” in which inmates were required to pay for their own food and services. After the American Revolution, abandoned ships or hulks were used to house prisoners. The first American jail was built in James City in the Virginia colonies in the early 17th century. However, the “modern” American correctional concept has its origin in Pennsylvania under the leadership of William Penn. Pennsylvania took the radical step of establishing a prison that placed each inmate in a single cell for the duration of their sentence. In 1816, New York built the Auburn Prison, which became known as the tier system or the congregate system as most prisoners ate and worked in groups. The philosophy of the Auburn system was crime prevention through fear of punishment and silent confinement; Inmates were kept in separate cells at night but worked together during the day, and hard work and silence became the foundation of this system. Many debates occurred between the advocates of the Pennsylvania and Auburn systems. Auburn advocates claimed that it was the cheapest and most productive way to reform prisoners and criticized the Pennsylvania system as cruel and inhumane. On the other hand, Pennsylvania advocates argued that their system was quiet, efficient, humane, and well-ordered and accused the Auburn system of being a breeding place for criminal association. REF: p. 256-257 OBJ: 05 2. Explain the influence of Quakers on the development of America's prisons. ANS: The interest of religious groups, such as the Quakers, in prison reform was prompted in part by humanitarian ideals. During this time, called the period of enlightenment, a concerted effort was made to alleviate the harsh punishments and torture that had been the norm. Under pressure from the Quakers, the Pennsylvania State Legislature in 1790 called for the renovation of the prison system. As a result of the renovation there was a separate wing of Philadelphia’s Walnut Street Jail constructed to house convicted felons (except those sentenced to death). The legislation created a state “penitentiary house” and ushered in ten years of reform and attracted attention worldwide. During this time the majority of inmates lived together in large common rooms but Pennsylvania eventually took the radical step of establishing a prison that placed each inmate in a single cell for the duration of their sentence. REF: p. 258 OBJ: 04 3. Discuss correctional trends that have occurred during the past fifty years. ANS: Prisons in the 20th century was a time of contrasts in the prison system of the U.S. The modern era has been a period of change and turmoil in the nations correctional system. Between 1960 and 1980 the prisoners’ rights movement resulted in inmates demanding and receiving civil rights through the court process. After many years of indifference with the hands off doctrine, state and federal courts ruled in multiple cases that institutionalized inmates had rights to freedom of religion and speech, medical care, procedural due process, and proper living conditions. Secondly, violence within the correctional system became and still is a national concern. Prison rapes and killings have become commonplace and control in many prisons has shifted from the correctional staff to violent inmate gangs. In reaction, some administrators have tried to improve conditions and provide innovative programs that give inmates a voice in running the institution. Thirdly, the view that traditional correctional rehabilitation efforts have failed has prompted penologists to reconsider the purpose of incarcerating criminals. Prisons have come to be viewed as places for control, incapacitation, and punishment, instead of sites for rehabilitation and reform. And the pressure on correctional institutions caused by overpopulation and the burden of constantly increasing correctional costs have prompted the development of alternatives to incarceration. REF: p. 258-259 OBJ: 10 4. Discuss the general conditions in a typical jail and the role of the new-generation jail in attempting to combat these problems. ANS: With the deterioration and overcrowding seen in our nations jails, a jail building boom has been under way. Many of the new jails are using modern designs to improve effectiveness and are referred to as new-generation jails. New generation jails allow for continuous observation through direct and indirect supervision. Traditional jails are constructed and us a linear/intermittent surveillance model. Jails using this design are rectangular with cells arranged at right angles. Correctional officers must patrol to see into cells or housing areas and may not be able to observe one cell when they observe others. In contrast, new generation jails allow for continuous observation of residents. Direct supervision jails contain a cluster of cells surrounding a living area or “pod,” with a correctional officer stationed within the pod. Indirect supervision jails have the correctional officer’s station located inside a secure room. REF: p. 266 OBJ: 08 5. List the five primary purposes of the nation's jails. Who are the typical jail inmates? ANS: The nations jails have five primary purposes that include detaining accused offenders who cannot make or are not eligible for bail prior to trial, hold convicted offenders awaiting sentence and to house felons when state prisons are overcrowded. They also hold probationers and parolees picked up for violations and waiting a hearing and are the principal institution of secure confinement for offenders convicted of misdemeanors. Jails are usually a low priority item in the criminal justice system. Consequently jails in some counties are physically deteriorated, holding dangerous and troubled people, many of whom suffer emotional problems that remain untreated. Based on this, it is not surprising that some counties that inmate suicides are their biggest concern. REF: p. 265 OBJ: 07 6. Discuss the role of technology in improving prison security. ANS: Technical experts have identified numerous areas of correctional management that can be aided by information technology including; reception and commitment, sentence and time accounting, classification, and caseload just to name a few. One of the primary goals of every institution is to prevent escape and promote safety, ground penetrating radar (GPR) is being used to locate tunnels that inmates may have used to escape. Preventing escape is also possible through the use of AVIAN, the advanced vehicle interrogation and notification system that uses seismic sensors that reads shock waves generated by a beating heart to detect a person hiding in a vehicle. Another issue faced by corrections in contraband which is anything that inmates are not supposed to have. The backscatter imager is used to detect weapons using low X-rays that penetrate clothing but not the body. Additionally, the stationary screening system detects nonmetallic weapons and contraband that has been hidden in lower body cavities. It is also now possible for prison employees to carry a time transmitter linking them with a computer that can transmit to the central control room and automatically records who and where the employee is if the distress button is activated. REF: p. 268 OBJ: 06 7. Discuss the changes in design and treatment that go along with super-maximum-security prisons. Elaborate on the benefits and drawbacks of such a system. ANS: The byword of the maximum security prison is “security”. Correctional workers are made aware that each inmate may be a dangerous criminal or violent and as a result, the utmost security must be maintained. Super-maximum prisons are used to house the most predatory criminals. Some prisons lock inmates in their cells 22-23 hours a day, never allowing them out unless shackled. Inside the cells, all furniture is unmovable and made of cement, and all potential weapons including soap dishes, toilet seats, and handles have been removed. Cells are angled so that inmates can neither see each other or the outside and cuts down on communication and denies the inmate a sense of location in order to prevent escapes. Although these prisons can achieve correctional benefits by enhancing security critics believe that they infringe directly on the rights of inmates and deprive them of such basic human rights such as human contact. In these institutions, they may have unintended negative consequences of mental illness and psychological disturbances on the part of the inmate and put too much control in the hands of the prison staff which ultimately damages staff-inmate relationships. Studies have also found increased recidivism and failure to reenter society among released inmates leading them to question the practice of isolation. REF: p. 269 OBJ: 09 8. Discuss the benefits and shortcomings of two alternative correctional programs. Have these programs been effective? n alternative correctional program to prisons and jails are prison camps that are used to detain offenders. Found primarily in the South and the West and have been in operation since the 19th century. Prisoners on farms produce dairy products, grain, and vegetable crops that are used in the state correctional system and other governmental facilities. Forestry camp inmates maintain state parks, fight forest fires, and do reforestation work. This program may be effective as they are still in existence and newer innovative programs are currently being developed. Boot Camps are another correctional innovation that gained popularity in the 1980’s and 1990’s, it involves youthful first time offenders in military discipline and physical training. The concept of short periods of high intensity discipline and exercise will “shock” the inmate into going straight. Tough physical training is designed to promote responsibility and improve decision making skills, build self confidence, and teach socialization skills. There is little evidence that boot camps can significantly lower recidivism rates and therefore their future is uncertain. The federal government has already announced the closing of their boot camp program. REF: p. 269-271 OBJ: 09 9. Discuss the benefits and shortcomings of community correctional facilities. Have these programs been effective? ANS: Community correctional facilities called halfway houses are designed to hold inmates who are transferred just before release into the community. The concept began to take off in the 1960s and attempts to help reintegrate the offender back into society, they also have a fairly low operating cost which makes them appealing to correctional administrators. Despite the encouraging physical concept presented one significant problem is lack of support from community residents who fear the establishment of an institution housing “dangerous offenders” in their neighborhood. As a result, many halfway houses are located in decrepit neighborhoods in the worst areas of town. REF: p. 271 OBJ: 09 10. Discuss the pros and cons of private prisons. ANS: Private Prisons now play a significant role in management of the inmate population. These correctional facilities are run by private firms as business enterprises in an attempt to circumvent the usually difficult process of getting voters to approve the funding and construction of new prisons. Some evaluations find that recidivism rates of serious offenses among inmates in private prisons is lower than among state inmates. There is some evidence that inmates released from these institutions who do reoffend may commit less serious offenses than those released from public institutions. On the other hand private prisons raise a number of issues and vexing problems. The questions of whether providers are able to evaluate the programs effectively, knowing that a negative evaluation. REF: p. 271-272 OBJ: 09 TEST BANK Chapter 12 MULTIPLE CHOICE 1. The fact that prisons have inmates locked within their walls, are under constant scrutiny, and are forced to obey rules refers to the concept of: a. a total institution. b. the local jail. c. a complete secure policy. d. the penitentiary. ANS: A REF: p. 278 OBJ: 02 2. What is the most typical emotion felt by most inmates during the early part of their prison stay? a. Anger b. Depression c. Hate d. Defeat REF: p. 283 OBJ: 01 3. What factor is said to have precipitated the "new" inmate culture? a. Determinate sentencing practices b. The growing crack cocaine epidemic c. The Black Power movement of the 1960s and 1970s d. Increasing levels of prison overcrowding REF: p. 281 OBJ: 04 4. In the “new” inmate culture; a. There is more importation of outside values and norms b. African American and Latino inmates are more organized than whites c. more inmates than ever before are assigned to protective custody d. All of these ANS: D REF: p. 281 OBJ: 04 5. What was the predominant societal view of female inmates at the turn of the 20th century? a. Depraved people who flaunted conventional rules of female behavior b. Hardened criminals similar to their male counterparts c. Sinners in need of religion d. Witches who should be burned at the stake ANS: A REF: p. 282 OBJ: 05 6. Which model allows private companies to set up manufacturing units on prison grounds or purchase goods made by inmates in shops owned and operated by the corrections department? a. Free enterprise model b. Post-release model c. Corporate model d. None of the above ANS: A REF: p.288 OBJ: 05 7. What is the most common outcome for children when a single mother is sent to prison? a. They are temporarily sent to a foster home or state facility. b. They are permanently removed from her custody and put up for adoption. c. They are placed in the care of a relative or family friend. d. They are housed in a prison nursery. REF: p. 282 OBJ: 05 8. Research has shown that inmates involved in this type of correctional treatment do better following release than those in comparison groups. a. Group treatment b. Anger management c. Faith based programs d. Prison enterprise programs REF: p. 285 OBJ: 05 9. Which of the following is not true about the sexual exploitation of female inmates? a. The acts are usually perpetrated by male members of the prison staff. b. The acts usually go unreported. c. Most of the acts are consensual due to isolation and loneliness. d. The majority of states have passed laws criminalizing staff sexual misconduct. REF: p. 283 OBJ: 05 10. The desire for warm stable relationships that are otherwise unobtainable in the prison environment often leads the female inmate to: a. engage in self-mutilation behavior. b. develop elaborate black market economies. c. create make-believe families. d. marry prison guards and staff. REF: p. 284 OBJ: 05 11. What is one commonly used method for treating drug-dependant inmates in today's prisons? a. Solitary confinement b. Therapeutic communities c. Work furloughs d. Milieu therapy REF: p. 285 OBJ: 06 12. What type of treatment program has flourished under the Bush administration? a. Behavior modification b. Milieu therapy c. Therapeutic community d. Faith-based rehabilitation REF: p. 285 OBJ: 06 13. The first prison treatment programs in the United States were: a. religious. b. therapeutic. c. psychological. d. education. REF: p. 286 OBJ: 06 14. What is the best estimate of the rate of HIV infection among state and federal prison inmates? a. 2 percent b. 10 percent c. 20 percent d. 33 percent ANS: A REF: p. 286 OBJ: 06 15. Which of the following is NOT a common form of inmate vocational program in use today? a. Work release b. Private prison enterprise c. Furlough programs d. Convict-leasing REF: p. 287-288 OBJ: 06 16. In adapting to a female institution a common practice is; a. resorting to extreme violence and victimization b. marry other inmates while in the employ of the state department of corrections. c. become a snitch for the correctional officers. d. self mutilation or carving REF: p. 284 OBJ: 07 17. Which of the following is not a factor contributing to individual violence in prison? a. History of prior violence b. Age c. Psychological factors d. Prison mismanagement REF: p. 291-292 OBJ: 08 18. Which theory of collective inmate violence attributes the problem to abrupt crackdowns or changes in inmate freedoms that are implemented by prison administrators? a. The administrative control theory b. The responsibility theory c. The inmate balance theory d. The hands-off doctrine REF: p. 292 OBJ: 08 19. The "hands-off doctrine" refers to: a. The inmate code for handling prison snitches. b. The passive Federal court approach to inmate complaints prior to the 1960s. c. a correctional policy of segregating HIV-infected inmates from the mainstream population. d. The Court ruling which forbid the use of corporal punishment in prison. REF: p. 293 OBJ: 09 20. According to the ___________ theory, collective violence may also be caused by prison mismanagement, lack of strong security, and inadequate control of prison officials. a. administrative control b. administrative balance c. inmate administrative d. inmate balance ANS: A REF: p. 292 OBJ: 08 21. What was the most widely used device or legislation to bring prisoners' complaints before state and federal courts in the late 1960s? a. The Eighth Amendment's prohibition on cruel and unusual punishment b. The dictates of the Percy Amendment c. The National Corrections Act of 1965 d. The Federal Civil Rights Act, 42 U.S.C. 1983 REF: p. 293 OBJ: 09 22. Courts have ruled that inmates are entitled to have legal materials and resources available to assist them in filing complaints, this includes? a. A trained and bar certified lawyer employed by prison/jail b. Law students who are willing to donate their time to assist inmates c. A Law professor from a local school who is paid to assist inmates d. An inmate who can assist in legal matters, sometime called a jailhouse lawyer REF: p. 294 OBJ: 09 23. Which case forced corrections department to upgrade prison medical facilities? a. Procunier v. Martinez b. Nolan v. Fitzpatrick c. Newman v. Alabama d. Bounds v. Smith REF: p. 295 OBJ: 09 24. Withholding medical treatment is a violation of the ____ Constitutional Amendment. a. First b. Fourth c. Eighth d. Fourteenth REF: p. 295 OBJ: 09 25. In recent years, the view of correctional officers has changed to; a. One where they have the most dangerous job in the U.S. b. One where they are seen as ruthless that enjoys their power c. One where they are viewed as public servants d. none of the above REF: p. 290 OBJ: 09 26. Which of the following statements is false about the effectiveness of parole? a. More than half of incarcerated offenders return to prison shortly after their release. b. Rearrest of offenders is most common in the first six months after release. c. 60 percent of parolees return to prison within three years of their release. d. The failure rate of parolees has dramatically decreased over the past ten years. REF: p. 297 OBJ: 10 27. Which of the following factors has been linked to recidivism? a. A history of physical and sexual abuse b. Maintenance of criminal peer association c. Harboring of aggressive feelings d. All of these have been linked to recidivism. REF: p. 297-298 OBJ: 10 28. Which of the following is a NOT a right that is lost by convicted felons? a. The right to remain married (divorce can be granted to the spouse) b. The right to hold public office c. Parental rights d. Medical rights REF: p. 293-294 OBJ: 10 29. In which 1994 case did the court rule that prison officials are legally liable if, knowing that an inmate faces a serious risk of harm, they disregard that risk by failing to take measures to avoid or reduce it? a. Cooper v. Pate b. Shaw v. Murphy c. Estelle v. Gamble d. Farmer v. Brennan REF: p. 296 OBJ: 09 30. Which of the following is not believed to be a reason that people fail on parole? a. Parolees are released into the same environment which contributed to their deviant behavior in the first place. b. Personal deficits that led to an offender’s imprisonment are not addressed by institutionalization. c. The prison experience itself focuses more on punitive efforts than rehabilitation. d. The parole system places unrealistic expectations on ex-offenders that they cannot possibly meet. REF: p.298 OBJ: 10 TRUE/FALSE 1. The Prison rape reduction act was established in 2003, ANS: T REF: p. 280 OBJ: 04 2. New inmates are often called "newjacks." ANS: F REF: p. 281 OBJ: 04 3. The typical woman behind bars has a history of abuse and is incarcerated for low level drug or property offenses ANS: T REF: p. 282 OBJ: 05 4. The rate of HIV infection among state and federal prisoners has stabilized at around 2 percent ANS: T REF: p. 286 OBJ: 06 5. Most female inmates are women of color with small children. ANS: T REF: p. 282 OBJ: 05 6. The inmate balance theory of the cause of collective violence suggests that riots and other forms of collective action occur when prison officials make an abrupt effort to take control of the prison and limit freedoms. ANS: T REF: p. 292 OBJ: 08 7. Conflict, violence, and brutality increase among inmates in direct relation to their housing security and custody level. ANS: F REF: p. 295-296 OBJ: 05 8. The federal government has passed legislation criminalizing staff sexual misconduct against inmates. ANS: F REF: p. 302 OBJ: 09 9. In the most significant legal case concerning medical rights, the entire Alabama prison system's medical facilities were declared inadequate. ANS: T REF: p. 295 OBJ: 09 10. Before the 1960s, it was the norm for convicted criminals to forfeit all rights and be declared civilly dead in the eyes of the state. ANS: T REF: p. 293 OBJ: 10 COMPLETION 1. Given its designed segregation and surveillance, the modern prison is a model ______________. ANS: total institution REF: p. 278 OBJ: 02 2. Clemmer coined the term "____________________ process" to refer to an inmate's adjustment to prison life. ANS: prisonization REF: p. 281 OBJ: 03 3. Female inmates often form groups called ____________________ to cope with prison life. ANS: make-believe families REF: p. 284 OBJ: 05 4. While some inmates violate the code and exploit their peers, the ____________________ is someone who uses the inmate social code as his personal behavior guide. ANS: right guy REF: p. 281 OBJ: 04 5. Helping inmates obtain jobs after release is an example of a ____________________ program. ANS: postrelease REF: p. 288 OBJ: 10 6. In _______________, the inmate is released when the unserved portion of the maximum prison term equals his or her earned good time (minus time served in jail awaiting trial) ANS: mandatory parole release REF: p. 297 OBJ: 07 7. The first treatment programs in prison were ____________________. ANS: educational REF: p. 286 OBJ: 06 8. The two distinct theories of the cause of collective violence are the inmate balance theory and the ____________________ theory. ANS: administrative control REF: p. 292 OBJ: 08 9. If prison administrators believe that correspondence between inmates undermines prison security, the ____________________ Amendment rights of inmates can be curtailed. ANS: First REF: p. 294 OBJ: 10 10. ____________________ uses smaller caseloads and closer surveillance and is a form of parole reserved for more serious offenders. ANS: Intensive supervision parole REF: p. 298-299 OBJ: 06 ESSAY 1. How and why does the female inmate culture differ from male inmate culture? How do these differences affect adjustment to prison? ANS: Like their male counterparts the typical female inmate is young, a member of a minority group, unmarried, uneducated and either unemployed or under-employed. In addition, they may have health problems, a history of abuse and be a mother to small children. Incarcerated women usually have also had a troubled family life and many of them were at-risk children, products of broken homes and the welfare system. It should come as no surprise that many female inmates feel strain and conflict, which are psychological conditions related to violent episodes. Daily life in women’s prisons differs somewhat from that in male institutions in that unlike male inmates, women do not present immediate physical danger to staff and fellow inmates. Few female inmates experience the violent atmosphere and incidents of inmates initiated sexual aggression. The rigid anti authority inmate social code found in male institutions does not exist in female institutions. Confinement for women may however produce anger and separation from families and loved ones and an inability to function in normal female roles. They may also turn to self-destructive acts which are not usually seen in their male counterparts. REF: p. 283-284 OBJ: 05-7 2. Discuss the elements of the Inmate Social Code. ANS: National attention was first drawn to the inmate social code and subculture in a book entitled “The Prison Community” by Donald Clemmer. Identified within was a prison language or argot and the propensity for prisoners to group themselves into cliques on the basis of sexual preference, political beliefs, and offense history. The inmate code attempts to present the rules, sometimes just generally followed or even violated but nevertheless to teach the inmate how to serve the least amount of time in the greatest possible comfort. For example, inmates are warned never to betray other inmates to the authorities, are cautioned to refrain from arguing, fighting, or engaging in other emotional displays with fellow inmates. Prisoners are also warned not to take advantage of one another and although the codes encourage inmates to avoid conflict, the code encourages the effective and thorough response to any conflict that does start, otherwise one inmate may be considered by others to be weak or easily manipulated. Lastly, inmates are cautioned not to make fools of themselves or support administrative interests over their fellow inmates. REF: p. 280-281 OBJ: 07 3. Compare and contrast three forms of correctional treatment. Include a discussion of the effectiveness of each treatment. lmost every prison facility uses some mode of treatment in either group or individual form for inmates that focuses on therapy, educational, or vocational programs. Prison inmates typically suffer from a variety of cognitive and psychosocial deficits such as poor emotional control, social skills, and interpersonal problem solving. Anger and lack of self control have been linked to violent criminal behavior both in the institution and upon release. Anger management programs are a form of group therapy that is most often offered in prison settings. Combined with other group techniques such as drug treatment and sex offender treatment they frequently and successfully help inmates find ways to control their anger and impulses. Additionally, research has show that inmates involved in religious programs and education do better following release that those in comparison groups. Despite the premise, these programs are less concerned with the study of religious texts and instead are more involved in secular activities such as helping clients gain skills or training, building support networks and creating a supportive relationship between staff, volunteers, and clients. Faith based programs seem to work better with those inmates that enter such programs with feelings of self worth and confidence. Finally, most prisons have programs designed to help inmates suffering from alcohol and substance abuse. Recent data suggest that about 30% of all inmates are provided with some form of these services. Unfortunately, treating substance abusing offenders has proven difficult and programs have yielded mixed results. REF: p. 284-286 OBJ: 06 4. Describe the phenomenon of prison violence. What efforts can be undertaken to reduce the chances of such violence? ANS: Conflict, violence, and brutality are ever-present facts of institutional life. Violence can involve individual conflict including inmate vs. inmate, inmate vs. staff, and staff versus inmates as well as involving large groups of inmates. There is no single explanation for either collective violence or individual violence, however factors related to prison administration, inmate population characteristics, and the racial makeup of inmates and staff can influence violence levels. Younger inmates, those with a record of prior incarceration, and those who have suffered pre-arrest drug use are the ones most likely to engage in disruptive behavior. Many inmates also suffer from personality disorders and in the crowded, dehumanizing world of the prison, it is not surprising that people with extreme psychological distress may resort to violence to dominate others. Therefore special attention needs to be paid to counseling and medication to mitigate this distress. Inmates also resort to violence in order to survive and deal with inhuman conditions and of course some of these conditions are simply the result of U.S. incarceration policies but there are programs and concessions that can be made to improve conditions and attempt to reduce violence. REF: p.291-292 OBJ: 08 5. Compare and contrast the inmate balance and administrative control theories on prison riots. ANS: Inmate balance theory states that riots and other forms of collective violence occur when prison officials make an abrupt effort to take control of the prison and limit freedoms. This abrupt effort or crackdowns occur when officials perceive that inmate leaders have too much power and take measures to control their illicit privileges, such as gambling or stealing food. On the other hand administrative control theory states that collective violence is caused by prison mismanagement, lack of strong security, and inadequate control by prison officials. Repressive administrations give inmates the feeling that nothing will ever change, that they have nothing to lose, and that violence is the only means for change. REF: p. 292-293 OBJ: 08 6. Discuss the principles of the hands-off doctrine and how it shaped prisoners' rights prior to 1960. ANS: Before the early 1960’s, it was accepted that upon conviction, an individual forfeited all rights not expressly granted by statutory law or correctional policy and considered civilly dead. The court held that convicted offenders should expect to be penalized for their misdeeds and that part of their punishment was the loss of freedoms that law abiding citizens take for granted. One reason why inmates lacked rights was the hands off doctrine that was in place until the 1960’s drew to a close. This doctrine described hesitation on the part of the state and federal courts to intervene in the administration of prisons unless the circumstances of a case clearly indicated a serious breach of the Eighth amendment protections against cruel and unusual punishment. As the 1960’s ended the hands off doctrine eroded and federal district courts began seriously considering prisoners’ claims about conditions in various institutions and use their power to intervene on behalf of inmates. REF: p. 293-294 OBJ: 09 7. Elaborate three substantive rights granted to prisoners by the courts. ANS: Through a slow process of legal review, the courts granted inmates a number of substantive rights including the right to practice religion, have freedom of the press and medical rights. In general, the courts have ruled that inmates have the right to assemble and pray in the religion of their choice but that religious symbols and practices that interfere with institutional security can be restricted. Courts have also consistently ruled that only when a compelling state interest exists can prisoners’ first amendment rights be modified. If prison administrators believe that correspondence undermines prison security the inmates’ rights can be curtailed. In early prisons, inmates’ right to medical care was restricted through the “exceptional circumstances doctrine” where courts would only hear cases that revealed utter disregard for human dignity while denying less serious cases. To gain their medical rights, prisoners have resorted to class action suits until Estelle v. Gamble when the court clearly affirmed an inmate’s right to medical care. REF: p. 294-295 OBJ: 09 8. Describe the criteria used by the courts in determining whether a punishment constitutes cruel and unusual conduct. ANS: The concept of cruel and unusual punishment is found in the Eighth Amendment of the Constitution. The Supreme court has held that treatment constitutes cruel and unusual punishment when it does the following; • Degrades the dignity of human beings • Is more severe than ( is disproportional to) the offense for which it has been given • Shocks the general conscience and is fundamentally unfair • Is deliberately indifferent to a person’s safety and well being • Punishes people because of their status, such as race, religion, and mental state • Is in flagrant disregard of due process of law, such as punishment that is capriciously applied State and federal courts have placed strict limits on disciplinary methods that may be considered inhumane. One method at issue is the use of solitary confinement for disruptive inmates however inmates placed in solitary have the right to adequate personal hygiene, to exercise, mattresses to sleep on and ventilation as well as rules specifying how they can earn their release REF: p. 295 OBJ: 09 9. States place a variety of controls/restrictions on former felons. Discuss several of these restrictions and the impact of such policies on prisoner re-entry. ANS: Re-entry problems are related to many aspects from the very nature of the prison experience itself to the releasee’s own lifelong personal deficits. Some parolees have a long history of drug abuse, antisocial personality, and childhood or young adulthood with family dysfunction. Some ex-inmates may feel compelled to prove that the prison experience has not changed them. Additional, reentry risks can be tied to changes in sentencing laws. Inmates may be discouraged from seeking involvement in rehabilitation programs because they no longer affect the chance of parole, which means fewer inmates leaving prison have participated in programs to address deficiencies in the areas of employment, education, and substance abuse. Prison also takes a heavy economic toll on former inmates. Most people leave prison with no savings, no immediate entitlement to unemployment benefits and few employment prospects. A prison experience locks people into the lowest rung of the economic ladder and significantly reduces their changes for upward economic mobility. Additionally, inmates with strong social support and close family ties have a better chance of making it on the outside. Poor inmates and their families may be no longer welcome in subsidized public housing due to the consequence of the U.S. Department of Housing and Urban Development’s one strike and you’re out policy. Without government subsidies, former inmates’ families may not have the economic means to find affordable housing. Ex-inmates may also find that going straight is an economic impossibility as many employers are reluctant to hire people who have served time. Research shows that former inmates who gain and keep meaningful employment are more likely to succeed on parole. REF: p. 296-297 OBJ: 10 10. What are some obstacles faced by the paroled inmate in the community? How do these obstacles influence the likelihood of recidivism? t the expiration of their prison term, most inmates return to society and try to resume their lives. Once on parole, former inmates have to live by a strict set of rules that mandate they stay out of trouble, stay drug and alcohol free, be employed and attend counseling. Despite all efforts to treat, correct and rehabilitate incarcerated offenders, many return to prison shortly after their release as they face a multitude of difficulties while living in the community. They remain largely uneducated, unskilled, and usually without solid family support systems in addition to the stigma that being an ex-offender presents. Those parolees that are successful and do not recidivate in states where they employed programs that target motivated offenders to stay crime and drug free through a combination of swift and certain sanctions for prison violations and rewards for obeying correctional rules. REF: p. 298-301 OBJ: 10 TEST BANK Chapter 13 MULTIPLE CHOICE 1. The juvenile justice system developed as a result of? a. a desire to help and treat children b. a desire to sanction the children not being punished in criminal justice c. Roman laws d. Stare decisis laws ANS: A REF: p. 308 OBJ: 02 2. The modern practice of legally separating adult criminals and juvenile offenders can be traced back to two developments in English custom and law that occurred centuries ago, one of which is: a. The Carriers case b. Chancery Courts c. In re Gault d. Parens Patriae REF: p. 308 OBJ: 02 3. When did the House of Refuge in New York first open? a. 1645 b. 1773 c. 1825 d. 1910 REF: p. 309 OBJ: 03 4. Which 19th century program was similar to a modern foster home? a. The house of refuge b. The Children's Aid Society c. The Child Savers United Agency d. The typical house of reformation REF: p. 310 OBJ: 03 5. In its early form, what was the burden of proof for verdicts handed down by the juvenile court? a. Beyond a reasonable doubt b. Reasonable suspicion c. Beyond a preponderance of evidence d. Absolute certainty REF: p. 310 OBJ: 04 6. Modern development of legally separating adult and juvenile offenders can be traced to two developments in English custom law, one is? a. Legal rights of juveniles b. Parens Patriae c. Psychological treatment of youth d. The need for judicial waiver REF: p. 307-308 OBJ: 04 7. The approach of the early American juvenile court is best described as: a. Paternalistic b. Adversarial c. Investigative d. Due process oriented ANS: A REF: p. 310 OBJ: 04 8. What impact did the Supreme Court have on the juvenile justice system in the 1960s and 1970s? a. It adopted a hands-off approach on most legal issues. b. It adopted a conservative ideology that stressed victims' rights and punishment. c. It adopted a liberal ideology that stressed a need for growth in program scope. d. It radically altered the juvenile justice system through ruling that established due process rights for juveniles that rivaled those in the adult court system. REF: p. 322 OBJ: 05 9. Which of the following statements is false? a. The Supreme Court has established the right of juveniles to receive due process of law. b. Juveniles do not have the right to confront witnesses at trial. c. Juveniles committing status offenses are not usually placed in secure detention facilities. d. The Juvenile Justice and Delinquency Prevention Act of 1974 sought to deinstitutionalize status offenders . REF: p. 322 OBJ: 05 10. The juvenile court labels ungovernable, habitually disobedient, and truant children to be: a. status offenders. b. juvenile delinquents. c. chancery children. d. deprived children. ANS: A REF: p. 312 OBJ: 05 11. Which of the following is a difference between juvenile and adult justice systems? a. Discretion is used by police officers, judges, and correctional personnel. b. The right to receive the Miranda warning c. Community treatment as a sentencing option d. The constitutional right to a jury trial in all states REF: p. 314 OBJ: 05 12. About how many juvenile cases are processed and treated each year? a. 1.6 million b. 2.6 million c. 3.6 million d. 4.6 million REF: p. 316 OBJ: 06 13. Which type of case is most likely to be referred to the juvenile court by the police officer? a. A minor dispute between juveniles b. School and neighborhood complaints c. Cases involving violence d. Petty shoplifting REF: p. 315 OBJ: 06 14. What is considered to be the most difficult problem involving incriminatory statements made by juveniles during the course of police questioning? a. Whether the parents have to also be advised of their Miranda rights b. Whether juveniles can intelligently waive their rights c. Whether the language of the warning is too complex for the average teenager d. Whether the police officer should use age-appropriate language when giving the Miranda warning REF: p. 313 OBJ: 06 15. What term refers to the screening of cases by the juvenile justice system? a. Diversion b. Waiver c. Detention d. Intake REF: p. 316-317 OBJ: 07 16. What is the most common formal sentence for juveniles? a. Release to parental custody b. Short term confinement in a private juvenile facility c. Long term confinement in a state institution d. Brief custody at the local jail ANS: A REF: p. 314 OBJ: 07 17. An adjustment for a juvenile is comparable to a(n) ____ for an adult. a. Plea bargain b. Indictment c. Trial d. Sentence ANS: A REF: p. 319 OBJ: 07 18. Once a juvenile has been taken into custody, the child has the same ____ Amendment rights to be free from unreasonable searches and seizures as an adult does. a. First b. Fourth c. Fifth d. Eighth REF: p. 311 OBJ: 07 19. Which of the following best explains the recent surge in the number of juvenile detentions? a. An increase in juvenile court cases b. A surge in the number of female violent offenders c. A surge in the number of cases involving drugs and violence d. All of these REF: p. 312 OBJ: 07 20. A __________ is used when the offense has been automatically waived to the adult court but the judge uses their discretion to decide the youth will benefit from rehabilitation? a. Judicial waiver b. Reverse waiver c. Excluded offense waiver d. Intake waiver REF: p. 320 OBJ: 08 21. In which case did the Court hold that the waiver proceeding is a critically important stage in the juvenile justice process and that juveniles must be afforded minimum requirements of due process of law at such proceedings? a. Kent v. United States b. McKiever v. Pennsylvania c. Breed v. Jones d. New Jersey v. T.L.O. ANS: A REF: p. 320 OBJ: 08 22. Which judicial hearing in the juvenile court process is similar to arraignment in the adult system? a. Fact-finding hearing b. Probationary hearing c. Initial appearance hearing d. Disposition hearing REF: p. 322 OBJ: 08 23. Under what system does the prosecutor have the discretion of filing charges for certain legislatively designated offenses in either juvenile or criminal court? a. Direct file waiver b. Excluded offense waiver c. Judicial waiver d. Reverse waiver ANS: A REF: p. 320 OBJ: 08 24. What happens during the fact-finding hearing? a. Evidence is heard. b. The offender is adjudicated. c. A bail decision is made. d. The case is screened by probation officers. ANS: A REF: p. 322 OBJ: 09 25. What was the legal standard for a warrantless search of a school locker in New Jersey v. TLO? a. Reasonable suspicion b. Probable cause c. A warrant d. Clear and convincing evidence ANS: A REF: p. 311 OBJ: 09 26. What is the most commonly used formal sentence for juvenile offenders? a. Institutionalization b. Juvenile probation c. Restitution d. Residential placement REF: p. 322-324 OBJ: 09 27. Which of the following best describes a recent reform of juvenile sentencing? a. Some jurisdictions have passed mandatory or determinate incarceration sentences for juveniles convicted of serious felonies. b. Making a concerted effort to remove status offenders from the juvenile justice system and restrict their entry into institutional programs c. Effort to standardize dispositions in juvenile court d. All of these represent recent reforms related to juvenile sentencing. REF: p.324 OBJ: 10 28. Deinstitutionalization efforts are principally focused on which type of offenses? a. Drug offenses b. Property offenses c. Delinquency offenses d. Status offenses REF: p. 325 OBJ: 10 29. What stage in the juvenile justice process is designed to help youths make the transition from residential or institutional settings back into the community? a. Intake b. Detention c. Disposition d. Aftercare REF: p. 325-326 OBJ: 10 30. Most juvenile aftercare involves: a. Parole b. Probation c. Community service d. Counseling ANS: A REF: p.326 OBJ: 10 TRUE/FALSE 1. The child savers movement was made up of middle-class civic leaders who helped poor children. ANS: T REF: p. 308-309 OBJ: 03 2. Charles Loring Brace was the philanthropist who developed the Children's Aid Society. ANS: T REF: p. 310 OBJ: 03 3. The efforts of the child savers prompted the development of the first comprehensive juvenile court in 1899. ANS: T REF: p. 308-309 OBJ: 04 4. Early reform schools sought to rehabilitate juvenile offenders. ANS: F REF: p. 310 OBJ: 05 5. Acts such as truancy and running away from home are considered status offenses. ANS: T REF: p. 313 OBJ: 05 6. Schools may search student's possessions without a search warrant. ANS: T REF: p. 314 OBJ: 05 7. Federal courts have ruled that bail is guaranteed to juveniles. ANS: F REF: p. 318 OBJ: 06 8. Under the reverse waiver system, a judge can overrule a mandated waiver and decide that a youth shall be tried in juvenile court. ANS: T REF: p. 320 OBJ: 08 9. Incarceration in a public facility is the most common formal sentence for juvenile offenders. ANS: F REF: p. 324 OBJ: 09 10. Most incarcerated juvenile offenders are held for status offenses. ANS: F REF: p. 325 OBJ: 09 COMPLETION 1. ____________________ is the result of decision of a judge ordering an adjudicated and sentenced juvenile to be placed in a correctional facility ommitment REF: p. 324-325 OBJ: 03 2. Juvenile offenders who commit serious crimes may be ____________________ to adult court. ANS: waived OR transferred REF: p. 319-320 OBJ: 08 3. The term "agree to a finding" is used in place of ____________________ when plea bargaining juvenile cases. ANS: admit guilt REF: p. 314 OBJ: 04 4. Most incarcerated youths are _________, __________, or __________ offenders ANS: person, property, or drug REF: p. 325 OBJ: 04 5. An adjudication is also called a(n) ____________________ hearing. ANS: fact-finding REF: p. 315 OBJ: 04 6. The ____________________ is the proceeding in which the court decides on the most appropriate treatment for a delinquent. ispositional hearing REF: p. 315 OBJ: 09 7. Some believe a “_________” approach will mostly affect minority youths and enmesh them in an already unfair system ANS: get tough REF: p. 324 OBJ: 09 8. ____________________ means removing non-criminal youths convicted on status offenses from institutions housing delinquents. einstitutionalization REF: p. 325 OBJ: 10 9. ____________________ marks the final stage of the formal juvenile justice process. ANS: Aftercare REF: p. 325-326 OBJ: 09 10. In the case of New Jersey v. T.L.O., the court determined that the ____________________ Amendment applies to school searches. ANS: Fourth REF: p. 311 OBJ: 05 ESSAY 1. Discuss the history and development of juvenile justice. Include a discussion of the child savers and their vision of juvenile justice. ANS: The modern practice of legally separating adult criminals and juvenile offenders can be traced back to the development of Elizabethan poor laws and the English chancery court. These innovations were designed to allow the state to take control of the lives of needy but not necessarily criminal children. To accommodate dependant youths, local jurisdictions developed almshouses, poorhouses, and workhouses. Unfortunately, they were crowded and unhealthy places that accepted the poor, insane, the diseased and vagrant and destitute children. Middle class leaders, who referred to themselves as child savers, began to develop organizations and groups to alleviate the burdens of the poor and immigrants by sponsoring shelter care for youths, educational and social activities, and the development of settlement houses. The child savers were responsible for creating a number of programs for indigent youths. They also influenced state and local governments to create independent correctional institutions to house minors. REF: p. 308-310 OBJ: 02| 03 2. Discuss the shifts in U.S. juvenile justice philosophy that began in the 1960s. ANS: In the 1960’s and 1970’s, the U.S. Supreme court radically altered the juvenile justice system when it issues as series of decisions that established the right of juveniles to due process of law. It established that juveniles had the same rights as adults in important areas of trial process, including the right to confront witnesses, notice of charges, and the right to counsel. In additional to the legal revolution brought by the court, congress passed the Juvenile Justice Delinquency Prevention Act of 1974. The legislation was enacted to indentify the needs of youths and to fund programs in the juvenile justice system. Its main goal was to separate wayward, non-dangerous youths from institutions housing delinquents and to remove adolescents from institutions housing adult offenders. In 1988, the act was amended to address the issue of minority overrepresentation in the juvenile justice system. REF: p. 310-312 OBJ: 05 3. Compare and contrast the juvenile justice system and the adult criminal justice system. ANS: Today the juvenile justice system has jurisdiction over two distinct categories of offenders; delinquents and status offenses. Juvenile delinquency is a term applied to children who fall under a jurisdictional age limit, that varies from state to state and who commit an act in violation of the penal code. Status offenders commit acts forbidden to minors, which include truancy and being habitually disobedient and ungovernable. Some states include classes of offenders or offenses from the juvenile justice system who commit serious violent offenses such as rape or murder and may be automatically excluded from juvenile justice in favor of treating and punishing them as adults on the premise that they stand little chances of rehabilitation on the confines of the juvenile justice system. Additionally, the primary purpose of juvenile procedures is protection and treatment; with adults, the aim is to punish the guilty. Jurisdiction is different in the two systems; juveniles are determined by age and adult jurisdiction is determined by the nature of offense. REF: p. 314 OBJ: 07 4. Discuss the factors that are believed to be significant in police decision making regarding juvenile offenders. ccording to the Uniform Crime Reports, police officers arrest more than one million juveniles under the age of 18 each year. When a juvenile is found to have engaged in delinquent or incorrigible behavior, police agencies are charged with the decision to release or to detain the child and refer him/her to juvenile court. Because of the state’s interest in the child and their welfare, the police generally have more discretion in the investigatory and arrest stages of the juvenile process than they do when dealing with adult offenders. In this the police decision is guided by some of the following; • The type and seriousness of the child’s offense • The ability of parents to be of assistance in disciplining the child • The child’s past contacts with the police • The degree of cooperation obtained from the child and parents, along with their detainer, attitude, and personal characteristics • Whether the child denies allegations in the petition and insists on a court hearing REF: p. 316 OBJ: 06 5. Discuss the legal rights of juveniles, including specific reference to relevant legal cases. ANS: Once a juvenile has been taken into custody, the child has the same right to be free from unreasonable searches and seizures as an adult does. Children in police custody can be detained prior to trial, interrogated, and placed in lineups. However, because of their youth and inexperience, children are generally afforded more protections than adults. Even though the Supreme Court has given juveniles the same Miranda rights as adults, police must ensure that the juvenile suspect understands his constitutional rights and if there is some question, must provide access to a parent or guardian to protect the child’s legal interests. REF: p. 316 OBJ: 07 6. Explain the four ways states allow juveniles to be tried as adults in the criminal courts. ANS: Before development of the first modern juvenile court in Illinois in 1899, juveniles were tried for violations of the law in adult criminal courts. Although the subsequent passage of state legislation creating juvenile courts, the juvenile justice system did recognize that certain forms of conduct require that children be tried as adults. Today, most American jurisdictions provide by statute for waiver or transfer of juvenile offenders to the criminal courts. There are generally 4 ways that states allow juveniles to be tried in criminal courts. The direct file to waiver is where the prosecution has the discretion of filing charges for certain legislatively designated offenses in either juvenile or criminal court. An Excluded offense waiver is used to exclude from juvenile court jurisdiction certain offenses that are very minor, such as traffic violations, or very serious, such as murder. The judicial waiver is used after a formal hearing at which both prosecutor and defense attorney present evidence, a juvenile court judge may decide to waive the jurisdiction and transfer the case to criminal court. Lastly, the reverse waiver is used in the case where despite state laws that mandate certain offenses be tried in adult court, the trial judge may decide that the offender would be better served by the juvenile court and therefore order a reverse waiver. REF: p. 320 OBJ: 08 7. What are the major factors influencing the decision to waive a juvenile into adult court? ANS: Transfer decisions are not always carried out fairly or equitably, and evidence indicates that minorities are waived to adult court at a rate that is greater than their representation in the population. Supporters of the waiver process view it as a sound method of getting the most serious juvenile offenders off the streets and kids most likely to be transferred to criminal court are those that have injured someone with a weapon or those that have and extensive juvenile court record. Those opponents of the process question the waivers’ utility and argue that by forcing a juvenile to serve time in adult prisons, they will be exposed to experienced criminals in what are essentially “schools for crime”. Children may also be targets of adult predators if they are confined to adult institutions. REF: p. 319 OBJ: 08 8. Discuss the three reform efforts that have been undertaken in the area of juvenile sentencing. How might these reforms change the juvenile justice system? ANS: There are often three judicial hearings in the juvenile court process. The first, typically called an initial appearance is similar to an arraignment in the adult system. The second is the adjudicatory hearing where the court hears evidence on the allegations stated in the delinquency petition. At the dispositional hearing, the third step, the judge imposes a sentence on the juvenile offender based on her offense, prior record, and family background. Normally, the judge has broad discretionary power to issue a range of dispositions from dismissal to institutional commitment. As a result of the public attention about the serious juvenile crime rate, many state legislatures have responded by toughening their juvenile codes and passing mandatory or determinate incarceration sentences for juveniles convicted of serious felonies. A second reform has been to make an effort to remove status offenders from the juvenile justice system and restrict their entry into institutional programs. Yet a third reform has been to standardize dispositions in juvenile court. Minor offenders should be handled in the community and if this were to occur, the implications for this is huge in that more than half of juvenile offenders are minor offenders. On the other hand, juvenile offenders that commit such crimes as rape or murder would be sentenced to a two, three, or four year sentence and then released if believed they can be rehabilitated. REF: p. 324 OBJ: 09 9. Summarize the arguments for and against retaining the juvenile court. Discuss the potential ramifications of the demise of the juvenile court. ANS: Even experts who retain an independent juvenile court have called for its restructuring. Crime control advocates want to reduce the courts jurisdiction over juveniles charged with serious crimes and liberalize the prosecutor’s ability to try them in adult courts. Opponents feel that the traditional parens patriae philosophy of juvenile justice ought to prevail. Some legal experts make the controversial suggestion that the juvenile court system should be discontinued and replaced by an alternative method of justice, as the rehabilitative purposes of the juvenile court have been subordinated to its role as law enforcement agent, so there is little purpose for retaining it in its current state. REF: p. 327 OBJ: 04 10. Discuss three problems with the current structure of the juvenile court. Can the juvenile court system sustain itself and dispense justice if these problems continue? ANS: Over the past decade, juvenile justice experts and the general public have become intrigued by the serious juvenile crime rate in general and about violent acts committed by children in particular. As a result, some law enforcement officials and conservative legislators have demanded that the juvenile justice system take a more serious stand with dangerous juvenile offenders. Not all jurisdictions have abandoned rehabilitation as a primary dispositional goal, however, some still hold to the philosophy that placements should be based on the least detrimental alternative. As, the juvenile court not only adjudicates criminal offenses for youth but status offenses as well, there has been an effort to remove status offenders from the juvenile justice system and restrict their entry into institutional programs. Due to the development of numerous diversion programs, many children involved in truancy and incorrigible behavior who ordinarily would have been sent to a closed institution are now placed in community programs. Furthermore, an effort has been made to standardize dispositions in the juvenile court and move toward determinate sentencing. Under this effort, all children found delinquent are evaluated on a point system based on their age, prior juvenile record, and type of crime committed. Minor offenders are handled in the community and those committing more serious offenses are placed on probation. Children who commit the most serious offenses are subject to standardized institutional penalties. These changes will likely have to continue in order to make the juvenile court a working part of the “juvenile justice system”. REF: p. 327 OBJ: 10 TEST BANK Chapter 14 MULTIPLE CHOICE 1. Bernard Madoff, Bear Stearn, and Lehman Brothers all have committed this type of crime a. Globalization b. Transnational c. Green d. Corporate Enterprise REF: p. 331 OBJ: 01 2. One new crime trend facing the justice system is: a. Green Crime b. Illegal Polluting c. Corporate enterprise crime d. Bank Securities Fraud REF: p. 331 OBJ: 01 3. According to your text a _______ is an investment fraud that involves the payment of purported returns to existing investors from funds contributed by new investors a. Ponzi Scheme b. Rico Act c. Phishing Scheme d. Denial of Service attack ANS: A REF: p. 332 OBJ: 01 4. One major issue with the Subprime Mortgage Scandal was that; a. Banks were unaware of the lending that was occurring b. Victims caught up in the scandal would not normally qualify for bank loans c. Banks falsified the information for their own benefit d. None of these REF: p. 333 OBJ: 01 5. Subprime lenders made risky loans; a. Assuming that real estate values would always be increasing b. Resulting in mortgage companies experiencing financial distress and bankruptcy c. Had to stave off regulators and fraudulently inflated assets and revenues d. All of these ANS: A REF: p.334 OBJ: 03 6. The detection and enforcement of large scale corporate crime is primarily in the hands of? a. SEC b. USM c. DEA d. USSS ANS: A REF: p. 335 OBJ: 04 7. ____________are violations of existing criminal laws designed to protect people, the environment or both a. Denial of Service attacks b. Habitat violations c. Green Crime d. Mortgage fraud schemes REF: p. 337 OBJ: 04 8. Worldwide, estimates for illegal logging activities account for products worth at least ______ per year? .a. $1 billion b. $5 billion c. $10 billion d. $15 billion REF: p. 337 OBJ: 04 9. Illegal fishing is criminalized because fishermen are a. Catching the fish before they have a chance to reproduce b. Not paying the appropriate processing fees for the amount they catch c. Discharging toxic materials back into the waterways after catching the fish d. Destroying the chances for other fisherman to share in the profits ANS: A REF: p. 337 OBJ: 05 10. Enforcing environmental laws including the Clean Water Act of 1972 is done by? a. EWO b. EPA c. CFC d. PWA REF: p. 339 OBJ: 05 11. Transnational Crime groups are often involved in; a. Human trafficking b. Gambling c. Prostitution d. All of these REF: p. 346 OBJ: 05 12. One reason it has proven difficult for law enforcement to combat drug cartels is: a. They work in conjunction with transnational crime groups like the Russian Mob b. The property where drugs are grown are disguised as migrant farms c. They employ gangs to protect them and intimidate enemies d. The Rico act has backfired on the U.S. government REF: p. 349 OBJ: 05 13. Federal legislation that enables prosecutors to bring additional criminal or civil charges against people engaged in 2 or more acts prohibited by 24 existing federal and 8 state laws a. ZETA b. RICO c. Travel Act d. The Federation REF: p. 350 OBJ: 06 14. Underground criminal societies based on Hong Kong control secret markets, bus routes, and are often involved in money laundering and drug trafficking a. Asian Gangs b. Yakuza c. Red Dragons d. Triads REF: p. 347 OBJ: 07 15. Which United Nations agency is charged with addressing labor standards, employment and social protection issues and often finds themselves dealing with human trafficking issues? a. International Labor Organization b. Global Trafficking Committee c. Asian Gangs task force d. None of the above ANS: A REF: p. 348 OBJ: 07 16. Afghanistan now supplies ___ of the world’s opium leaving the potential for eradicating global crime difficult. a. 60% b. 70% c. 80% d. 90% REF: p. 351 OBJ: 08 17. Cyber crime is challenging because: a. it is difficult to detect through traditional law enforcement channels. b. it is rapidly evolving. c. its control demands that agents of the justice system develop technical skills. d. All of these REF: p. 339 OBJ: 08 18. ___________ is the use of computer networks for undermining the social, economic, and political system of an enemy through the destruction of infrastructure. a. Cyber theft b. Cyber vandalism c. Cyber terrorism d. Cyber movement REF: p. 342-343 OBJ: 08 19. Which of the following is not a type of internet securities fraud? a. Identity theft b. Market manipulation c. Fraudulent offerings of securities d. Illegal touting ANS: A REF: p. 342 OBJ: 08 20. ___________is the illegal acquisition of personal information such as bank passwords and credit card numbers, by masquerading as a trustworthy person/business in what appears to be an official electronic communication. a. Etailing fraud b. Phishing c. Cyber theft d. Touting REF: p. 342 OBJ: 08 21. A ____________ is one type of malicious software program that disrupts or destroys existing programs and networks. a. Computer worm b. Computer virus c. Trojan horse d. Cyber bully REF: p. 342 OBJ: 08 22. Which of the following types of cyber crime was not discussed in the text? a. Cyber terrorism b. Phishing c. Etailing d. Chiseling REF: p. 342-344 OBJ: 08 23. Which type of cyber vandalism appears as a benign application which actually contains codes that can damage the system operations? a. Mydoom b. Trojan horse c. Malware d. Dhiseling REF: p. 343 OBJ: 08 24. In what type of cyber crime are small amounts of money subtracted from customers' accounts and added to the account of the thief? a. Phishing b. Chiseling c. Salami slice fraud d. Trojan Horse REF: p. 340 OBJ: 08 25. _____________ involves hacking secure computer networks at the enemy's most sensitive military bases, defense contractors, and aerospace companies in order to steal important data or to access their defenses. a. Cyber terrorism b. Cyber espionage c. Cyber bullying d. Cyber stalking REF: p. 340 OBJ: 09 26. Since 1995, the New York Electronic Crimes Task Force has charged over 1000 individuals with electronic crime losses exceeding _______. a. $1 million b. $10 million c. $1 billion d. $10 billion REF: p. 332 OBJ: 10 27. ____ is the term used to describe efforts of organized groups to download and sell copyrighted software in violation of its license. a. Warez b. Denial of service attack c. Market manipulation d. Cyber theft ANS: A REF: p. 341 OBJ: 08 28. ____ is the term used to describe the illegal use of the internet to buy or sell merchandise online. a. Cyber theft b. Etailing fraud c. Market manipulation d. Denial of service attack REF: p. 342 OBJ: 08 29. The United States Criminal Code provides penalties for a first time illegal copyright offender of ____ years incarceration and a fine of $250,000. a. 3 b. 5 c. 7 d. 10 REF: p. 344 OBJ: 10 30. It is difficult to detect and control internet pornography. Congress has struggled to create legislation that will restrict usage without violating ____ Amendment rights. a. First b. Fourth c. Sixth d. Eighth ANS: A REF: p. 345 OBJ: 10 TRUE/FALSE 1. Bernie Madoff, the mastermind behind the largest criminal conspiracy in history has been sentenced to death and is currently awaiting execution in a NY prison. ANS: F REF: p. 332 OBJ: 02 2. Law enforcement and the courts have traditionally been reluctant to throw corporate executives in jail ANS: T REF: p. 355 OBJ: 03 3. In illegal dumping, illegal wastes have to be hazardous waste materials ANS: F REF: p. 338 OBJ: 03 4. One of the largest and fastest growing problems is the disposal of tons upon tons of obsolete high-tech electronics ANS: T REF: p. 338 OBJ: 04 5. In the case of the massive BP oil spill, to prove a felony, the government has to show that company officials knew in advance that their actions would lead to the explosion/oil spill and chose to ignore the danger ANS: T REF: p. 336 OBJ: 05 6. Management Fraud is a recent phenomenon.. ANS: F REF: p. 334 OBJ: 08 7. Cyber terrorism may result in a battered economy in which the government is forced to spend more on the military and cut back on social programs and education. ANS: T REF: p. 340 OBJ: 08 8. Salami Slice fraud is where the perpetrator carefully skims small sums from the balances of a large number of accounts in order to bypass internal controls and escape detection ANS: T REF: p. 340 OBJ: 05 9. According to the United States Criminal Code, a first-time illegal copyright offender will be fined $250,000. A second-time offender will receive five years incarceration. ANS: F REF: p. 344 OBJ: 10 10. Market Manipulation is one of three major types of Internet Securities Fraud that is common today. ANS: T REF: p. 341 OBJ: 10 COMPLETION 1. ____________________ is illegal behavior that targets the security of computer systems and/or the data accessed and processed by computer networks. yber crime REF: p.339 OBJ: 05 2. ____________________ is cyber crime with malicious intent yber vandalism REF: p. 342 OBJ: 05 3. ______________ is a type of cyber vandalism that occurs when a computer hacker intrudes on another person’s website by inserting or substituting codes that expose visitors to the site to misleading or provocative information ANS: Web defacement REF: p. 343 OBJ: 05 4. Once subprime loans have been issued, the vendors typically bundle them into large pools and sell them as securities in a process known as _____________ ANS: Securitization REF: p. 334 OBJ: 05 5. Punishing corporate criminals with prison time has become ___________ ANS: routine REF: p. 335 OBJ: 03 6. If the Securities and Exchange Commission (SEC) seeks to bar or remove someone from acting as a corporate officer they must take the case to ____________ ANS: federal court REF: p. 335 OBJ: 03 7. Florida’s mortgage fraud task force is an example of_________ ANS: State Level Enforcement REF: p. 335 OBJ: 03 8. The ____________________ is a computer program that appears benign but actually contains something harmful. ANS: Trojan horse REF: p. 343 OBJ: 05 9. ____________________ occurs when individuals make securities recommendations and fail to disclose that they are being paid to disseminate their favorable opinions. ANS: Illegal touting REF: p. 342 OBJ: 05 10. ____________________ is slang for the processes used to acquire personal information used for identity theft and other fraudulent activities. ANS: Phishing REF: p.342 OBJ: 05 ESSAY 1. Discuss fraud on Wall Street ANS: The creation of global capital markets has created unprecedented opportunities for U.S. businesses to access capital and investors to diversify their portfolios. It has also led to significant growth in the amount of fraud and misconduct see n on Wall Street. The greatest of these fraudulent crimes was perpetrated by financier Bernard Madoff and his investment company who promised an delivered healthy returns until the market crashed and people wanted their money back, only to find that there was none available. It turns out that Madoff’s asset management firm was a giant Ponzi scheme where he had not invested any of the money he had taken from investors but instead deposited it in various banks, using the interest and principal to pay off investors when they wanted to take money out of their accounts. REF: p. 332-333 OBJ: 01 2. Discuss the meaning of a Ponzi Scheme ponzi scheme is an investment fraud that involves the payment of purported returns to existing investors from funds contributed by new investors. Ponzi scheme organizers often solicit new investors by promising to invest funds in opportunities claimed to generate high returns with little or no risk. In many of these schemes, the fraudsters focus on attracting new money to make promised payments to earlier stage investors and to use for personal expenses, instead of engaging in any legitimate investment activity. The term Ponzi comes from Charles Ponzi who duped thousands of New England residents into investing in a postage stamp speculation in the 1920’s. REF: p. 332-333 OBJ: 01 3. Discuss state level enforcement in responding to the threat of large scale corporate fraud. ANS: In responding to the threat of large scale corporate fraud, a number of states have created special task forces and prosecution teams to crack down on fraudulent schemes and bring perpetrators to justice. Various state legislatures have also passed new laws aimed directly at easing prosecution for corporate crimes. For example, Florida has created the Mortgage Fraud Task Force to address the issues of mortgage and foreclosure rescue fraud. The task force investigates cases in which false or misleading documents are filed to fool lenders into making mortgage loans to people who cannot hope to pay them back or on properties whose values have been grossly inflated. REF: p. 335 OBJ: 02 4. Elaborate three types of green crime. ANS: Green-collar crime can take many forms, ranging from deforestation and illegal logging to violations of worker safety. In illegal dumping, some green collar criminals want to skirt local, state, and federal restrictions on dumping dangerous substances in the environment. One of the largest and fastest growing problems is the disposal of 7 million tons of obsolete high-tech electronics, called e-waste, such as televisions, computers, and computer monitors, laptops, VCR’s and so on. Another type of green crime is criminal environmental pollution which is defined as the intentional or negligent discharge of a toxic or contaminating substance into the biosystem that is known to have an adverse effect on the natural environment or life. Individuals and companies may commit illegal polluting to save processing and dumping fees, thereby adding to their profits. Illegal fishing is also a type of green crime. It involves the unlicensed and illegal fishing practices that can involve large scale companies and factory ships operating on the high sees that catch thousands of tons of fish on each voyage, to smaller, locally operating ships that confine themselves to national waters. Illegal fishing occurs when these ships sign on to their home nation’s rules and then choose to ignore their scope and boundary, or operate in a country’s waters without permission, or on the high seas without a flag. REF: p. 336-338 OBJ: 04 5. Discuss the enforcement of Environmental Laws by using examples ANS: The United States and most sovereign nations have passed laws making it a crime to pollute or damage the environment. The Clean Water Act of 1972 established and maintains goals and standards for U.S. water quality and purity. It was amended in 1987 to increase controls on toxic pollutants, and in 1990, more effectively to address the hazard of oil spills. The Emergency Planning and Community Right to Know Act of ’86 requires companies to disclose information about toxic chemicals they release into the air and water and dispose of on land. The Endangered Species Act of 1973 was designed to protect and recover endangered and threatened species of fish, wildlife, and plants in the US and beyond. The law works in part by protecting species habitats. REF: p. 339 OBJ: 04 6. Discuss globalization and how it has increased transnational crime. ANS: Globalization refers to the process of creating transnational markets and political and legal systems and has shifted the focus of crime from a local to a world perspective. Globalization began when large companies decided to establish themselves in foreign markets by adapting their products or services to the local culture. As the internet and communication revolution unfolded, companies were able to establish instant communications with their far-flung corporate empires. While globalization can improve the standard of living in third world nations by providing jobs and training, it can also be a device for criminal cartels to avoid prosecution, regulation while expanding their markets and profits and creating more opportunities for criminal activity. REF: p. 346-347 OBJ: 07 7. Discuss cybercrime as a challenge in the contemporary justice system ANS: Cyber crime typically involves the theft and/or destruction of information, resources, funds via computer networks, and or the Internet. It represents a compelling new challenge for the criminal justice system and law enforcement community because it is rapidly evolving with new schemes created daily, it is difficult to detect through traditional law enforcement channels and to control it, and agents of the justice system must develop technical skills that match those of the perpetrators REF: p.339 OBJ: 05 8. Define and give an example of each type of cybercrime. ANS: Cyber theft constitutes the use of cyber space either to distribute illegal goods and services or to defraud people for quick profits as is seen in identity theft or internet securities fraud. Cyber vandalism is the use of cyber space for revenge, for destruction, or to achieve malicious ends as seen in worms, viruses and cyber stalking and bullying. Cyber war is an effort by enemy forces to disrupt the intersection where the virtual electronic reality of computers meets the physical world. An example of this type of war would be the use of the internet to communicate covertly with agents around the world. REF: p. 340 OBJ: 05 9. Discuss computer fraud and some of the crimes that fall under it. ANS: Computer fraud is not unique but rather a common law crime committed using contemporary technology. Not all computer crimes fall under the common-law statutes because property stolen may be intangible such as theft of information, the salami slice fraud where the perpetrator skims a small sum of money from the balances of a large number of accounts in order to bypass internal controls and escape detection and software theft has led to a large illegal market depriving authors of very significant revenues. REF: p. 340 OBJ: 05 10. Discuss some of the problems with enforcing cyber laws and recent initiatives to attempt to combat cyber crime. ANS: The proliferation of cyber crimes has created the need for new laws and enforcement processes. Because technology evolves so rapidly, enforcement presents several large challenges.. Most efforts are being made to respond to cybercrime on a federal level. The government is now operating a number of organizations that are coordinating efforts to control cyber fraud. One approach is to create working groups that coordinate the activities of numerous agencies involved in investigating cyber crime. The interagency Telemarketing and Internet Fraud Working group brings together representatives from several U.S. attorney’s offices, the FBI, Secret Service, Postal Inspection, Federal Trade commission, the SEC and other law enforcement and regulatory agencies to share information about trends and patterns of internet fraud schemes. One successful federal effort on the federal level id the New York Electronic Crimes Task Force (NYECTF), a partnership between the US Secret Service and other public safety agencies. Since 1995, the NY task force has charged over 1,000 individuals with causing electronic crime losses exceeding $1 billion. REF: p. 345 OBJ: 05 [Show More]

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