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Home » Criminal Law » Page 155

Criminal Law

Q: The reason why career criminal prosecution programs do not dramatically increase conviction rates and prison sentences is because a. the criminal justice system is already tough on repeat offenders who have committed a serious crime b. the courtroom work group tends to evade career criminal prosecution programs and dismisses these cases early on c. the courtroom work group tends to make decisions based on their local going rate which includes many plea bargains to lesser charges not covered in the programs d. All of the above e. none of the above

Q: Many misunderstand split sentencing and believe a. sentences are split between rehabilitation and incapacitation and offenders are beating the system b. split sentences are just another word for probation where offenders are not actually incarcerated c. the criminal justice system is tough because split sentences include incarceration to jail and then prison d. the criminal justice system is weaker than it actually is if only accounting for offenders sentenced to prison and excluding split sentences

Q: An evaluation of the San Diego Major Violator Unit found that a. the rate of failure to appear was zero and conviction rates increased dramatically b. the percentage of offenders convicted and sent to prison increased slightly c. the percentage of convicted offenders increased dramatically d. San Diego was soft on career criminals prior to the intense prosecution program

Q: The career criminal prosecution program in San Diego was characterized by a. elimination of both plea bargains and split sentences b. elimination of bail and restrictions on plea bargaining c. continuity of prosecution and restrictions on plea bargaining d. restrictions on split sentences and pretrial surveillance

Q: Research findings that compared special prosecutions and traditional prosecutions found a. traditional prosecution eliminated plea bargains and improved conviction rates b. strength of the evidence and the likelihood of conviction shaped decisions for both prosecution officers c. special prosecution improved the conviction rate significantly d. special prosecution closed the loopholes that allow serious offenders to beat the system

Q: The process of using one prosecutor to charge a defendant and then passing the case onto another prosecutor to try the case is called a. original defense c. vertical prosecution b. horizontal prosecution d. affirmative defense

Q: Limiting appeals positively impacts the rate of serious crimes.

Q: Conservatives believe post-conviction appeals allow offenders to escape punishment while liberals feel the possibility of recognizing error is a virtue of appeals.

Q: Formal rules on plea negotiations in King County increased the efficiency of case handling, although it did not significantly impact case handling.

Q: The ban on plea bargaining in Alaska proved that dangerous offenders had previously been beating the system.

Q: Conservatives see plea bargaining as a loophole while liberals believe it is a source of injustice.

Q: GBMI is more a symbolic gesture than an effective reform of the system for mentally ill offenders.

Q: One problem with sending more mentally ill people to prison through GBMI verdicts is that prisons cannot handle their current inmates with mental problems.

Q: The key issue with the insanity defense is the mens rea requirement that must be established in order to prove the defendant is guilty of the crime.

Q: The insanity defense is considered a loophole because its successful use results in less time confined in a mental hospital than comparable guilty offenders spend in prison.

Q: The insanity defense is raised in fewer than 1% of all criminal indictments.

Q: According to the text, career criminal prosecution programs are an effective yet tough strategy.

Q: Discuss why the sex offender registration and notification laws do not protect society from serious, potential sex offenders.

Q: Discuss the detrimental effects, if any, of the three-strikes law.

Q: Explain how mandatory sentencing laws are affected by courtroom work groups.

Q: Compare and contrast the impact of the Washington D.C. preventive detention law with the Federal Bail Reform Act.

Q: Explain the role that the prediction problem plays in preventive detention by discussing pretrial detention and the natural experiment.

Q: Sex offender registration and notification laws pose a number of consequences, among them area. the inclusion of persons who commit public order crimes, such as exposure and prostitutionb. limiting the areas where registered sex offenders can live and impact the availability of treatmentc. the failure to protect society from sex offenders given how they meet victimsd. all of the above

Q: Registration and notification laws do not protect society from potential sex offenders because a. the majority of victims know the person who abused them b. the majority of sex offenders do not reoffend c. the majority of sex offenders do not register d. both a and b

Q: Advocates of sex offender registration and notification laws believea. the laws will help police arrest and keep an eye on the sex offenders b. surveillance will deter sex offenders c. sex offenders reoffend at a high rated. all of the above

Q: Walker argues that three strikes laws a. are a classic example of overreaction to celebrated cases b. are arbitrary because they are not consistently implemented c. do not reduce crime d. all of the above

Q: The three strikes law in California a. Cost $6.5 billion to implement b. disproportionately affected people convicted of non-violent offenses c. reduced Index crimes below levels expected given the downward trend d. all of the above

Q: An evaluation of California's three strikes law found that it a. Sent few people to prison for long terms, but more than expected b. selectively incapacitated only the most violent repeat offenders c. did not produce the intended reduction in crime d. reduced sentencing disparities through its mandatory provisions

Q: Three strikes laws are criticized fora. violating the principle of selective incapacitation b. not focusing on the most serious offenders c. being crude instruments in the fight against crime reductiond. all of the above

Q: The basic concept behind __________ is a mandatory life prison sentence for anyone convicted of a third felony.a. preventive detention b. selective incapacitation c. chronic offenders guidelinesd. three strikes laws

Q: Which of the following statements about life without parole is accurate?a. By 2012, one in nine U.S. prisoners was serving a life term b. Two states account for more than half (58 percent) of all the LWOP prisonersc. Courtroom work groups have wholeheartedly accepted the LWOP lawsd. LWOP sentences achieve a significant amount of crime reduction

Q: The 2011 U.S. Sentencing Commission report found thata. the number of offenses carrying a mandatory minimum sentence had halved between 1991 and 2010 b. One third of the convictions with a mandatory sentence involved drug trafficking c. There are disparities in applying the mandatory minimumsd. a minority of federal judges thought mandatory sentences were "too high"

Q: Federal Sentencing Guidelines are an example ofa. preventive detention b. selective incapacitation c. mandatory sentencesd. arbitrary sentencing

Q: The most current reforms to the Rockefeller drug law impacted penalties in various ways, including ALL BUT WHICH of the following? a. eliminated mandatory sentencing for certain classes of first time drug-related felonies b. allowed for resentencing of certain offenders incarcerated for drug-related offenses c. allowed judges to sentence those convicted to probation or alternative treatment programs d. mandated the incarceration of all persons convicted of felony drug offenses

Q: The Nation's Toughest Drug Law provides an example of a. bleeding heart liberal judges who are too lenient with convicted offenders b. How mandatory sentencing laws lead to early dismissals and increases in sentencing delays c. a cost-effective way to achieve incapacitation, deterrence and rehabilitation d. racial discrimination that can occur in any part of the criminal justice system

Q: An evaluation of the Rockefeller Drug law found that a. Heroin dealers were deterred by the nation's toughest drug law b. due to the mandatory sentencing provisions truth in sentencing was achieved c. slippage resulted in a decline of arrests leading to indictments and convictions d. a diffusion of benefits reduced trafficking of cocaine and marijuana as well

Q: A strategy for preventing crime that requires a prison sentence or specifies the least amount of time that must be served is known as what?a. mandatory sentencing b. specific incapacitation c. preventive detentiond. truth in sentencing

Q: One problem with Durlauf and Nagin's proposal to apply the savings from a reduced prison population to innovative police programs is thata. the police are uncooperative in implementing innovative programs b. the new incarceration policy bears signs of racial and ethnic disparity c. Criminologists are unlikely to develop the tools to determine who would benefit from selective incapacitationd. the plan would require a significant increase in social services costs

Q: A cross-state comparison of changes in incarceration rates and crime rates in 17 states showed that a. As incarceration rates increased crime rates decreased b. states that spent more money on corrections had lower crime rates c. increases in incarceration rates reduced crime in the South, but not in the West d. No clear patterned relationship between incarceration rates and crime rates existed

Q: Zedlewski calculated that a. it takes 20 years of being on an imprisonment binge before crime will be reduced b. Each dollar spent imprisoning a criminal saves $17 in total social costs c. if fully implemented, three-strikes sentencing in California would reduce crime by 15% d. The financial investment in incarceration is unwise because incarceration does not reduce the crime rate

Q: One of the criticisms leveled against Zedlewski's conclusions was that a. He suggested that a reduction in crime produces a direct reduction in CJS costs b. He only analyzed data on gross, but not selective incapacitation strategies c. He was working for a liberal organization at the time of his research d. He deliberately used incorrect statistical analyses to draw his conclusions

Q: The political reality is that we have completely ignored ____(1)______ in favor of ____(2)______. a. (1) mass incarceratoin (2) rehabilitation b. (1) deterrence (2) incapacitation c. (1) gross incapacitation (2) mandatory sentences d. (1) selective incapacitation (2) mass incarceration

Q: Locking up large numbers of offenders regardless of their criminal histories is a. deterrence b. mandatory sentencing c. selective incapacitation d. mass incarceration

Q: A policy designed to lock up only the few high-rate offenders or career criminals is known as a. pretrial detention b. preventive detention c. selective incapacitation d. gross incapacitation

Q: The crime policy of incapacitation a. seeks to reduce crime by imprisoning offenders b. seeks to reduce crime by imprisoning offenders and rehabilitating them c. seeks to reduce crime by imprisoning offenders and seeks to specifically deter them d. All of the above e. none of the above

Q: Regarding speedy trials, Walker points out that a. speedy trials can reduce failure to appear b. speedy trials can reduce crime c. the courtroom workgroup evades speedy trial laws d. all of the above e. none of the above

Q: Walker proposes that preventive detention __________ reduce __________ crime. a. (1) will (2) minor b. (1) will not (2) serious c. (1) will (2) serious d. (1) will not (2) minor

Q: A natural experiment in predicting the dangerousness of juveniles revealed that a. some prediction instruments are can effectively identify only high risk offenders b. there were five true positives for every false positive c. judges were remarkably inaccurate in identifying which juveniles were high risk and which were low risk d. judges were reasonably accurate in identifying high risk juveniles at the expense of a high rate of false positives

Q: Regarding pretrial drug testing as a method for predicting crime on bail a. except for marijuana use it did not help predict arrests b. except for cocaine use it did not help predict arrests c. except for heroin use it did not help predict arrests d. it has been found unconstitutional

Q: Select the most accurate statement regarding crime committed by felony defendants in large urban counties who are released prior to trial. a. 10% were rearrested for a misdemeanor b. 11% were rearrested for a felony c. 60% were rearrested for a felony d. 45% were rearrested for a misdemeanor

Q: As a result of the 1984 Bail Reform Act a. the method of detention shifted b. the overall detention rate increased c. pretrial crime declined dramatically d. all of the above e. none of the above

Q: For what reason was the 1970 District of Columbia preventive detention law rarely used? a. it was found to be unconstitutional within the first year that it was implemented b. federal prosecutors chose not to use it and continued setting high bail for defendants they wanted to detain c. bleeding heart judges continued to release defendants without prosecuting and punishing them d. it was actually used extensively and resulted in a major increase in our nation's prison population

Q: The 1970 District of Columbia preventive detention law was a. the kick off for America's imprisonment boom b. used by judges to hold all felony defendants for 120 days c. implemented in all states by 1976 d. nullified by prosecutors by setting bail at a level beyond a defendant's financial means

Q: By the 1980s public support for preventive detention a. Was justified by a string of serial killers on the loose b. had declined c. Was widespread d. the public has never supported preventive detention

Q: The first bail reform movement resulted in a. a decrease in the percentage of people held in jail awaiting trial b. an increase in the percentage of people held in jail awaiting trial c. the removal of employment status as a criterion for bail d. the addition of employment status as a criterion for bail

Q: One of the factors that contributed to the first bail reform movement was a. the get tough mood b. the great rise in serious crime c. an innovative way to release defendants on their own recognizance (ROR) d. research findings that defendants not released on bail were more likely to be convicted and imprisoned

Q: In the 1970s, public opinion about preventive detention began to change, leading to the following: a. courtroom work groups decided that preventive detention for juveniles was unconstitutional b. the majority of offenders arrested were not charged c. courtroom work groups began locking up allegedly dangerous offenders d. judges started releasing most offenders on bail

Q: Getting criminals off the street by locking them up is what type of strategy? a. liberal b. the standard U.S. strategy c. traditionally liberal, but now conservative d. traditionally conservative, but now liberal

Q: Current sex offender and registration laws focus on the most dangerous sex offenders who engage in the rape and kidnapping of children.

Q: Mandatory sentencing, such as three strikes and sentencing guidelines, is not an effective means of reducing serious crime.

Q: Overall, the Nation's Toughest Drug law had no significant effect on crime and drug use.

Q: Accurate estimates of crime reduction due to gross incapacitation should take into consideration the law of diminishing returns as well as the replacement effect.

Q: One of the major issues with Zedlewski's study was not taking into consideration the replacement factor

Q: Selective incapacitation proved to be a better crime control measure than gross incapacitation.

Q: Pretrial drug testing did not help to predict rearrests for those persons on bail.

Q: Statistics show that the majority of felony defendants released prior to trial return for their court date.

Q: Prosecutors refuse to set bail higher than the minimum amount required in bail guidelines.

Q: Incarceration strategies seek to limit the discretion of judges who are viewed by conservatives as lenient bleeding hearts.

Q: Discuss the effectiveness of criminal justice enforcement and alternative strategies for reducing drunk driving and traffic fatalities.

Q: Describe the various myths that surround drunk driving.

Q: Defend the claim that the death penalty does not produce a deterrent effect.

Q: Explain which of the assumptions of deterrence are and are not being met according to research on people's perceptions of a deterrent.

Q: Describe the assumptions that must be met in order for deterrence-oriented policies to be effective.

Q: Walker proposes thata. crackdowns and tougher penalties are the most effective means for reducing drunk driving and traffic fatalitiesb. criminal law strategies have more promise for reducing drunk driving and traffic fatalitiesc. a combination of criminal law and alternative strategies can effectively reduce drunk driving and traffic fatalitiesd. drunk driving and fatalities cannot be reduced

Q: Explanations for the trends in motor vehicle death rates include a. safer cars b. changing attitudes and behavior due to socialization c. limited driving privileges for teens and raising the legal drinking age to 21 d. all of the above e. none of the above

Q: Traffic fatality trends reveal that a. the motor vehicle death rate has declined since 1927 including a 37% decline between 2003 and 2011 b. crackdowns are credited with 50% of the decline in the motor vehicle death rate c. the motor vehicle death rate has declined but drunk drivers have switched to motorcycles d. the motor vehicle death rate has increased dramatically since the 1980s

Q: Data on evasion of the law in drunk driving cases shows that a. it is more common among prosecutors than judges b. evasions may be deliberate or unintentional c. evasion of drunk driving laws is universal d. evasion does not occur

Q: One of the factors undermining the deterrent effect of a crackdown on drunk driving cases in court is that a. the punishment is delayed so the speedy element of deterrence goes unmet b. offenders do not perceive the consequences as unpleasant c. crackdowns reduce the specific deterrent while increasing the general deterrent d. mandatory sentences may be evaded

Q: One of the main problems with drunk driving crackdowns is that a. they require long-term behavior change b. they are unconstitutional c. the risk of arrest is extremely low d. people avoid them by taking side streets

Q: The announcement effect may change the behavior ofa. the public, but not the police b. the public and the police c. the police, but not the publicd. neither the public or the police

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