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Criminal Law
Q:
Courtroom work groups can mitigate the effects of harsh sentencing laws, but they cannot
a. nullify them completely
b. selectively adopt them
c. circumvent them
d. choose to prosecute on their basis
Q:
Examples of the courtroom work group's ability to thwart justice system reforms can be seen in
a. the defense of life rule and Minnesota Sentencing Guidelines
b. Minnesota Sentencing Guidelines, but not federal Sentencing Guidelines
c. the granting of legal counsel under In re Gault and Gideon v. Wainwright
d. there are no examples, because the courtroom work group lacks the power to influence reforms
Q:
The ability of the courtroom work group to influence reforms in the justice system is best characterized asa. powerful b. possible c. hiddend. unlikely
Q:
Select the most accurate statement
a. courtroom work groups are surprisingly similar no matter what jurisdiction they are in
b. less stable membership in the courtroom work group promotes consensus resulting in efficient case processing
c. efficient processing of cases is more dependent upon caseload and resources than relationships among members of the courtroom work group
d. stable courtroom work groups characterized by a sense of mutual respect process cases more efficiently than unstable work groups
Q:
One might consider the American CJS an administrative system of justice, because
a. the determination of guilt or innocence is the result of a battle between prosecution and defense attorneys
b. decisions are negotiated by the courtroom work group through consensus
c. there is a presumption of guilt and the defendant's rights are unprotected
d. it is unlikely that the American CJS would be considered an administrative system
Q:
Walker argues that theoretically we have an _____(1)_____ system of justice, but in reality we have an _____(2)_____ system of justice.a. (1) adversarial (2) administrative b. (1) adversarial (2) inquisitorial c. (1) administrative (2) inquisitoriald. (1) inquisitorial (2) adversarial
Q:
A system of justice where guilt or innocence is determined through the state's presentation of the case and the defendant's challenge of it that is overseen by a neutral judge is what type of system?a. administrative b. inquisitorial c. adversariald. impossible
Q:
The local legal culture is comprised of
a. police, courts, and corrections
b. adversaries, inquisitors, and administrators
c. the courtroom work group, going rate, and administrative decisions
d. prosecutors, defense attorneys, and judges
Q:
A local jurisdiction's going rate is established
a. before cases reach the courtroom work group
b. after cases reach the courtroom work group
c. within the courtroom work group
d. outside of the courtroom work group
Q:
The going rate
a. is another name for sentencing guidelines
b. refers to a shared understanding about how much cases are worth
c. is a product of an unstable courtroom work group
d. is commonly referred to as the local legal culture
Q:
America has the highest __________ rate in the world.a. incarceration b. conviction c. arrestd. crime
Q:
Relative to other countries
a. America is more punitive in our tendency to imprison serious offenders, and more punitive in terms of time served for property crimes
b. America is similar in our tendency to imprison serious offenders, and similar in terms of time served for property crimes
c. America is similar in our tendency to imprison serious offenders, but more punitive in terms of time served for property crimes
d. America is punitive in our tendency to imprison serious offenders, but similar in terms of time served for property crimes
Q:
Our high incarceration rate in the U.S. is mainly the result of
a. our high rates of violent crime and severe treatment of these offenders
b. our tendency to send convicted offenders to prison
c. our tendency to reject fewer cases involving African American
d. our high rates of plea bargaining
Q:
The standard liberal criticism is that our CJS is more _____(1)_____ than other countries, while conservatives argue that we are too _____(2)_____.
a. (1) lenient (2) lenient as well
b. (1) punitive (2) punitive as well
c. (1) punitive (2) lenient
d. (1) lenient (2) punitive
Q:
Mandatory sentencing laws and truth-in-sentencing laws in some states have contributed to
a. decreases in average maximum sentence length imposed
b. increases in average maximum sentence length imposed
c. decreases in time served
d. increases in time served
Q:
Time served, a measure of the justice system's punitiveness, has changed in what way over time?a. remained the same b. increased c. decreasedd. whether it increased or decreased depends on the type of offense
Q:
The most important changes in sentencing during the past forty years have been spurred bya. good-time laws b. mandatory minimum sentencing laws c. truth-in-sentencing lawsd. conviction laws
Q:
Testimony of witnesses or victims is the primary evidence in what type of cases?a. crimes against persons b. victimless crimes c. property crimesd. dismissed cases
Q:
Some cases are rejected because of due process problems, but this is more likely to happen in ____(1)______ cases than ____(2)_____ cases.a. (1) robbery (2) weapons b. (1) weapons (2) drug c. (1) violent (2) propertyd. (1) drug (2) robbery
Q:
Most cases that are dismissed are ultimatelya. reviewed by judges in other jurisdictions b. referred to social services c. lost to the CJSd. kept in the criminal justice system
Q:
__________ account for the majority of rejections or dismissals.a. lenient judges b. unrecorded arrests c. evidence and witness problemsd. due process problems
Q:
The major changes between the 1960s and 2009 have been
a. greater likelihood of burglary suspects going to prison and lesser likelihood of assault suspects going to prison
b. greater likelihood of those possessing a weapon going to prison, and lesser likelihood of larceny suspects going to prison
c. a general increase in incarceration rates and increase in length of sentencing
d. a general decrease in incarceration rates and increase in length of sentencing
Q:
According to BJS data from 2009, although only 36% of all convicted felony defendants were sentenced to prison, an additional __________ percent were sentenced to jail.a. 27 b. 33 c. 35d. 59
Q:
Walker noted that our adult prosecution rate of __________ percent is hardly a sign of softness on crime.a. 1 b. 27 c. 48d. 73
Q:
One of the reasons it is misleading to conclude that only 1% of all criminals go to prison is that
a. this conclusion is based on data that is over 40 years old
b. over a third of juvenile cases are transferred to juvenile court
c. the number sentenced to death row are not included in the 1% figure
d. this is not misleading, it is an accurate conclusion
Q:
The conclusion that only 1% of all criminals go to prison is based on the __________ model that visually represents the flow of cases through the system.a. wedding cake b. Funnel c. going rated. punitive
Q:
If you know the offense and the offender's prior record you can likely predict the outcome of a case. This outcome is also known as what?a. the going rate b. the funnel effect c. a loopholed. a downward departure
Q:
The Innocence Project found that the most frequent contributor to wrongful conviction was erroneous eyewitness identification.
Q:
The criminal justice law of thermodynamics explains the chain reaction effect of criminal justice decision making.
Q:
While the courtroom work group has the power to frustrate legal reform, it does not have total control to completely nullify intended change.
Q:
The influence of the courtroom work group is irrelevant to the implementation of justice system policies.
Q:
Research has uncovered extensive disagreement among members of the courtroom work group in decisions regarding bail setting, plea bargaining, and presentence investigations.
Q:
Case processing is unaffected by the dynamics of the courtroom work group.
Q:
Working together daily, the courtroom work group reaches a general consensus about how different cases should be handled, which is known as the going rate.
Q:
The odds of going to prison for murder, burglary, and larceny are much higher in the U.S. compared to England, Canada, and West Germany.
Q:
While the average maximum sentence length imposed has increased, time served has decreased. As such, the net effect is no change in terms of assessing leniency.
Q:
After eliminating weak cases, almost all indicted offenders are convicted, and the majority of convicted offenders are incarcerated.
Q:
Eighty-five percent of dismissals lead to the defendant's leaving the criminal justice system.
Q:
Cases are more likely to be rejected or dismissed because of evidence or witness problems than due process problems.
Q:
A reexamination of the funnel effect using more recent BJS data found that this effect no longer exists.
Q:
A lack of data makes it difficult to evaluate our CJS.
Q:
Differentiate fourth-layer cases from those in the second layer of the CJ wedding cake.
Q:
Defend the argument that the CJS is harsh on crime by using information from the chapter.
Q:
Explain how the victim/offender relationship factor influences informal classification of cases into the CJ wedding cake and what changes may be seen if this was eliminated as a decision-making factor.
Q:
List the factors used by the courtroom workgroup to informally classify cases on the basis of their seriousness and show your understanding of the impact on case processing by discussing specific offenses.
Q:
Design an enhanced wedding cake model that demonstrates your understanding of the type of cases within each layer and the factors used by the courtroom workgroup to informally classify cases.
Q:
Compare and contrast the Crime Commission's model with the wedding cake model of criminal justice administration.
Q:
Compare and contrast the ideas of the Old Idealism with those of the New Cynicism.
Q:
A study of lower courts in New Haven, CT revealed thata. jury trials were very popularb. there were not enough cases from which to ascertain any trendsc. contrary to expectation, defendants were not arraigned en masse or given light sentencesd. due to a large volume of cases and relative lack of seriousness, the formalities of felony process typical in second layer cases is rarely present
Q:
Regarding fourth-layer cases, we are reminded that
a. the largest number of cases in American courts are serious acts of violence committed by chronic offenders against strangers
b. the largest number of cases in American courts are misdemeanors
c. a large number of cases in American courts are decided based on extralegal factors since the courtroom workgroup is liberated from shared understandings of seriousness
d. a large number of cases has not caused the American court system to collapse, but rather each misdemeanor defendant as an attorney and a full trial
Q:
The conclusion drawn from research on career-criminal prosecution programs like the San Diego Major Violator Unit was that
a. getting tough does not work if leniency is not the source of the problem
b. getting tough increased the deterrent effect, because career criminals were previously treated leniently
c. liberating the courtroom workgroup from traditional expectations moved more career-criminal cases from the third layer to the fourth layer of the wedding cake
d. these programs convinced the public that cases of career criminals should be treated like celebrated cases
Q:
What would happen if prior relationship was eliminated as a decision-making factor in case processing?
a. the courtroom workgroup would be liberated from shared understandings of seriousness and would be more likely to rely on extralegal factors in case processing decisions
b. case processing time would increase in second layer cases, but it would decrease in third-layer cases
c. a large number of cases would move from the third to the second layer of the wedding cake, thereby increasing the overall punitiveness of the justice system
d. the only cases that would be affected would be cases in the fourth layer, but due to such a large number of cases, there is a risk that the system would be overburdened
Q:
According to the NCVS, crime victims' attitudes about the severity of crimes
a. match the attitudes of the perpetrators of those crimes
b. dispel conventional wisdom about how they should feel
c. match the distinctions of criminal justice officials about the seriousness of crimes
d. differ drastically from the attitudes of criminal justice officials regarding distinctions about the seriousness of crimes
Q:
The liberation hypothesis refers to the liberation of
a. misdemeanor cases from the requirement of attorneys and trials
b. prosecutors and judges from conventional shared understandings of seriousness
c. prosecutors and judges from requirements of procedural law
d. modern courtroom workgroups from age old traditions
Q:
Third-layer cases differ from second-layer cases in that
a. Third-layer cases are more likely to be dismissed or pled down
b. there are more celebrities in second- than third-layer cases
c. there are more second- than third-layer cases
d. there are no differences between third- and second-layer cases
Q:
Compared to suspects in prior-relationship robberies, suspects in stranger robberiesa. were twice as likely to be incarcerated if convicted b. were more likely to plea bargain c. were less likely to be convicted of feloniesd. were convicted 50% more of the time
Q:
Parolees being sent back to prison for violations of the terms of their parole supervision is calleda. front-load sentencing b. back-end sentencing c. upfront sentencingd. up-ending
Q:
Judgments made by the courtroom workgroup regarding second-layer cases
a. are based on shared definitions of seriousness that promote consistent processing
b. are more likely than other types of cases to be based on extralegal factors
c. highlight the discretion and lack of predictability among American courtroom workgroups
d. are made uniformly using charging guidelines that limit discretion
Q:
The factors that criminal justice officials consistently use to classify cases include which of the following?
a. the race and class of the victim and the offender
b. the relationship between victim and offender and the suspect's prior record
c. the number of cases on the docket and the offender's remorse
d. none, criminal justice officials do not handle cases consistently or predictably
Q:
Criminal justice officials use ALL BUT WHICH of the following criteria to determine the seriousness of a crimea. the nature of the crime b. the use of a weapon c. injury to the offenderd. the relationship between victim and suspect
Q:
One of the unique elements of criminal justice case processing that is more often present in celebrated cases than other cases isa. a trial b. a public defender c. a plea bargaind. a conviction
Q:
What impact do celebrated cases have on public perceptions?
a. educational, because they teach the public about routine case processing by the CJS
b. sentimental, because the public feels badly for the poor and minority offenders thrust in front of television cameras on a regular basis
c. distorted, because people mistakenly assume they are typical of all cases when they are not
d. none, because the public realize that these are atypical cases and that is what makes them newsworthy
Q:
What characteristics do cases in the top layer of the wedding cake share?
a. they are all serious felonies committed with a weapon and resulting in injury to the victim
b. they are part of the largest volume of cases and are not considered worth much to the courtroom workgroup
c. these are all cases where a prior relationship exists between the victim and the offender
d. they involve a famous person, a gruesome crime, or result in landmark Supreme Court rulings
Q:
Which of the following statements most accurately summarizes the type of cases within each layer of the wedding cake?
a. the largest layer of the cake contains serious felonies because these are the most frequently occurring cases in the CJS
b. the top layer contains celebrated cases, the second layer contains serious felonies, the third layer contains less serious felonies, and the bottom layer contains misdemeanors
c. although celebrated cases make up the top and smallest layer of the cake, they are examples of the typical cases handled routinely by the CJS on a day-to-day basis
d. the top layer contains celebrated cases, the second layer contains less serious felonies, the third layer contains serious felonies, and the bottom layer contains misdemeanors
Q:
The major limitation of the Crime Commission's model that the wedding cake model addresses is
a. the way decisions at one point in the system affect decisions at other points
b. the need to have a clear and concise graphic to communicate the function of the model
c. the systematic mistreatment of racial and ethnic minorities in CJ case processing
d. the consistent pattern in which similar cases are disposed of and the significant differences between types of cases
Q:
The Crime Commission's model
a. emphasizes significant differences between types of cases and the consistent disposition of cases within each category
b. emphasizes the interrelationships among agencies and the ways decisions at one point in the system affect decisions at other points
c. is a visual representation of the consistency and predictability of the system
d. is a visual representation of the chaos and unpredictability of the system
Q:
Walker argues that the problem is that our system is
a. too lenient c. both too lenient and too severe
b. too severe d. neither too lenient or too severe
Q:
Walker uses which of the following terms to describe the routine handling of cases on a day-to-day basis?a. chaotic and discriminatory b. chaotic and arbitrary c. consistent and predictabled. inconsistent and unpredictable
Q:
Select the most accurate statement:
a. old idealists provide a description of the day-to-day handling of routine cases that is closer to reality than the new cynics' description
b. conservative cynics provide a description of the day-to-day handling of routine cases that is closer to reality than the liberal cynics' description
c. new cynics see irrational decision making undermining effective crime control while old idealists believe chaos of the system produces systematic discrimination
d. conservative cynics see irrational decision making undermining effective crime control while liberal cynics believe chaos of the system produces systematic discrimination
Q:
The ____(1)______ is the civics-book picture of justice while the ____(2)______ portrays a chaotic CJS.a. (1) old idealism (2) new cynicism b. (1) liberal idealism (2) conservative idealism c. (1) new cynicism (2) old idealismd. (1) liberal cynicism (2) conservative cynicism
Q:
The various state court systemsa. are uniform in their procedures b. vary in criminal laws and their punishments c. clearly follow federal guidelines for criminal punishmentd. maintain uniform criminal laws, but vary in their punishments
Q:
Walker argues that the American CJS is so complex, because
a. it is based on English common law, but we have added our own statutory laws piecemeal over time to fill in the gaps
b. of our capitalist economy and democratic political system
c. it is made up of one federal and 50 state systems with their own substantive and procedural rules
d. all of the above
e. none of the above
Q:
Based on lower court research, Walker concludes that lower courts are very different from the upper courts, but there are significant differences between courts in different jurisdictions
Q:
Data on career-criminal prosecution programs show that they are less effective than was hoped because these offenses were already being treated seriously.
Q:
The majority of suspects in prior-relationship robbery cases are convicted.
Q:
The factor that differentiates second- and third-layer felonies is the frequency with which the courtroom workgroup sees cases in the different layers as similar in other ways.
Q:
The defining factor that makes a case celebrated is a celebrity offender.
Q:
The majority of cases are celebrated cases that involve the full criminal process including the criminal trial.
Q:
Celebrated cases distort public perceptions about criminal justice.
Q:
The wedding cake model highlights significant differences in case processing within each layer and consistent patterns in case processing between layers.