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Criminal Law
Q:
Indeterminate sentences give a minimum sentence that must be served and a lengthy maximum sentence that is the outer boundary of the time that can possibly be served.
Q:
Which of the following is not among the issues faced by those reentering society from prison?
a. Being barred from work opportunities
b. Physical and mental health problems
c. Leaving prison with no savings or entitlement to unemployment benefits
d. Being welcome and able to secure subsidized public housing
Q:
What factor is not related to post-release recidivism?
a. Substance abuse or dependency
b. Being a chronic offender
c. A functional family
d. An anti-social personality
Q:
The evaluation of parole has produced some disturbing findings. Federal surveys indicate that about ___________ of all released inmates are rearrested for committing a felony or serious misdemeanor within three years of leaving prison.
a. 15%
b. one-quarter
c. one-half
d. two-thirds
Q:
What Supreme Court case gave inmates been the right to secure proper medical attention?
a. Roper v. Simmons
b. Estelle v. Gamble
c. Hope v. Pelzer
d. Johnson v. California
Q:
Among the rights won by inmates, which of the following is not one of them?
a. the right to secure proper medical attention
b. the right to freedom of speech and press unless it interferes or threatens institutional freedom.
c. the right to be free from cruel and unusual physical treatment while incarcerated.
d. the right to be segregated along racial lines.
Q:
Prior to the 1960s, the nation's courts maintained a hands-off approach and did not interfere with prison matters due to all but which reason?
a. The belief that it lacked technical competence in prison administration.
b. Society's general apathy toward prisons.
c. A general concern with civil and human rights.
d. The belief that prisoners' complaints involved privileges rather than rights.
Q:
What is not one of the losses experienced by prison inmates?
a. loss of liberty and access to goods and services
b. loss of heterosexual relationships
c. loss of autonomy and security
d. loss of access to proper medical care
Q:
What percentage of the adult inmate population do women constitute?
a. 5-6%
b. 8-10%
c. 12-15%
d. 20-22%
Q:
Private prisons are operated by corporations:
a. due to prison overcrowding
b. for profit
c. for low-risk offenders
d. for humanitarian reasons associated with providing less harsh environments
Q:
What statement is false about what is known pertaining to supermax prison facilities?
a. Long hours of isolation in supermax prisons may be associated with mental illness and psychological disturbances.
b. Supermax inmates seem to have a more difficult tie readjusting upon release.
c. A stay in a supermax prison inhibits reintegration into other prisons.
d. The intense control staff have over inmates helps with staff-inmate relationships.
Q:
_______________ prisons operate without armed guards or walls; usually they are constructed in compounds surrounded by chain-link fences.
a. maximum-security
b. medium-security
c. minimum-security
d. supermax
Q:
Prisons are usually categorized according to:
a. size and location
b. their levels of security and inmate populations
c. their levels of education and rehabilitation programming
d. state and federal jurisdiction
Q:
Who, of the following categories, would be housed in a jail?
a. someone awaiting trial, conviction, or sentencing
b. a probation violator
c. a mentally ill person awaiting transport to an appropriate mental health facility
d. those sentenced to more than one year.
Q:
Today, how many people are in jail on a daily basis?
a. 250,000
b. 500,000
c. 800,000
d. 1 million
Q:
Jails in sixteenth century Europe were used to house those awaiting trial and punishment. Why were jails not used to house sentenced offenders?
a. Because at that time offenders were transported to the New World.
b. Because at that time punishment consisted of making monetary or service restitution to victims.
c. Because at that time punishment was achieved by fines, exile, corporal punishment, or death.
d. Because at that time convicted offenders were sentenced into the military.
Q:
What type of control mechanism is commonly used with home confinement?
a. electronic monitoring
b. intensive supervision
c. residential community corrections
d. asset forfeiture
Q:
When a jail term is required as a condition of probation it is termed:
a. shock incarceration
b. intensive probation
c. shock probation
d. split sentencing
Q:
Fines are monetary payments imposed on an offender as an intermediate punishment for a criminal act. They are a direct offshoot of:A)the Quaker religious beliefs underlying the American prison systemB)judicial abuse of discretion in sentencing proceduresC)the early common-law practice requiring compensation to the victim and stateD)claims of racial bias in the sentencing process
Q:
Intermediate sanctions are a viable solution to prison overcrowding. Who are the most likely candidates for intermediate sanctions?
a. first-time felony offenders with no prior criminal history
b. offenders with a low risk of recidivating or who pose little threat to society
c. mentally ill offenders who would not benefit from incapacitation
d. non-violent juvenile offenders
Q:
What is not true about intermediate sentences?
a. They are alternatives to prison.
b. They meet the need for fair, equitable, and proportional punishments.
c. Sanctions include fines, home confinement, and restitution.
d. They are a viable reason for prison overcrowding.
Q:
Why is there strong economic pressure to grant probation to serious felony offenders?
a. Because treatment and rehabilitation programs can be coupled with probation, which result in cost effectiveness.
b. Because probation consistently results in an 80-90% success rate and is, therefore, money well spent.
c. Because it costs less than incarceration making it extremely attractive to policy makers.
d. Because prison overcrowding has resulted in federal funding cuts to other alternative sentencing programs.
Q:
Overall, probation appears to be a successful alternative to incarceration. According to research, how many probationers successfully complete their probation?A)40%B)60%C)75%D)90%
Q:
Probation is the most commonly used alternative sentence, even for those convicted of a felony. Today, how many offenders are on probation?
a. 100,000
b. 400,000
c. 1 million
d. 4 million
Q:
Probation usually involves the ___ of an offender's sentence in return for the promise of good behavior in the community under the supervision of a probation department.
a. commutation
b. dismissal
c. suspension
d. diversion
Q:
Which is not an argument supportive of the death penalty?
a. The Bible describes methods of executing criminals.
b. The death penalty seems to be in keeping with the current mode of dispensing punishment.
c. Support for capital punishment among whites is skewed by racial attitudes.
d. The death penalty is sometimes the only real threat available to deter crime.
Q:
The Supreme Court has placed limitations on the use of the death penalty. Which is not a limit that has been set?
a. People who are mentally ill may not be executed.
b. People under the age of 18 may not be executed.
c. It is not permissible to punish rapists with death.
d. The use of lethal injection has been ruled unconstitutional
Q:
The death penalty has long been one of the most controversial aspects of the justice system. It is known that executions may actually increase the likelihood of murders being committed, rather than deterring new murders. This increase is a consequence referred to as:
a. inevitable consequence
b. execution ramification
c. execution artifact
d. brutalization effect
Q:
What is false about the nature of the death penalty?
a. Today, capital punishment is limited only to the crime of murder in the first degree.
b. The majority of executions in 2009 were done through lethal injection.
c. Almost half the executions took place in Texas in 2009.
d. Currently, there are more than 5,000 people on death row.
Q:
What statement is false about what is known about racial bias in sentencing?
a. It is possible that some research efforts miss a racial effect because they use invalid measures of race.
b. Minority defendants suffer discrimination in a variety of early court actions that impact on sentencing decisions.
c. Research on sentencing has failed to show a definitive pattern of racial discrimination.
d. The victim's race is not any more a critical factor in sentencing than the offender's.
Q:
Which of the following is considered an extralegal factor that should not, but may, influence sentencing outcomes?
a. the use of weapons
b. seriousness of the offense
c. race or ethnicity
d. prior criminal record
Q:
What impact do habitual offender sentencing laws have on crime rates?
a. Such sentencing laws have great effect on younger offenders, those under 25.
b. Such sentencing laws have great effect on offenders older than 25.
c. Such sentencing laws have great effect on offenders regardless of age.
d. Such sentencing laws have little effect.
Q:
Truth in sentencing laws require felony offenders to serve what about of their prison sentence?
a. 65%
b. 75%
c. 85%
d. all of their time
Q:
Which of the following statements is false regarding sentencing guidelines?
a. Guidelines eliminate discretionary parole.
b. Guidelines allow inmates to reduce their sentence by acquiring time off for good behavior.
c. Guidelines eliminate judicial discretion to reduce racial and gender disparity.
d. Guidelines are mandatory.
Q:
The underlying purpose of indeterminate sentencing is to:
a. restrain the use of judicial discretion
b. to ensure that sentences are applied in a fair and equitable manner
c. promote truth-in-sentencing
d. individualize each sentence in the interests of rehabilitating the offender
Q:
_____________________________ give the convicted criminal a set number of years to be served in prison and reflect an orientation toward desert, deterrence, and equality.
a. indeterminate sentences
b. determinate sentences
c. mandatory sentences
d. concurrent sentences
Q:
What type of sentence requires that upon completion of one sentence, the other term of incarceration begins?
a. concurrent
b. mandatory
c. consecutive
d. indeterminate
Q:
Which goal of punishment aims to spare non-dangerous offenders from the stigma and labeling of a criminal conviction and involvement with the justice process?
a. rehabilitation
b. diversion
c. retribution
d. restoration
Q:
Incarcerating offenders in prisons and jails allows the state to seek to reduce or eliminate offenders' opportunities to commit future crimes. This goal of punishment is termed:
a. deterrence
b. specific deterrence
c. incapacitation
d. equity
Q:
Which goal of punishment suggests that because criminals benefit from their misdeeds, they deserve to be punished?
a. restoration
b. retribution
c. restitution
d. equity
Q:
Which goal of punishment is aimed at reducing future criminality by treating and eliminating the underlying causes of crime?
a. rehabilitation
b. diversion
c. retribution
d. restoration
Q:
The Supreme Court in ____________________________ gave inmates the right to secure proper medical attention.
Q:
Prisoners have long suffered severe physical punishment in prison, ranging from whipping to extended periods of solitary confinement. The courts have held that such treatment is unconstitutional based on the ________ Amendment.
Q:
For many years, the nation's courts did not interfere in prison operations based on the belief that it lacked technical competence in prison administration, society's general apathy toward prisons, and the belief that prisoners' complaints involved privileges rather than rights. This is called the ___________________________.
Q:
________________________ are maximum control units that are either independent correctional centers or locked wings of existing prisons.
Q:
__________ house misdemeanants sentenced to terms of one year or less, as well as some nonserious felons.
Q:
__________________ involves resentencing an offender after a short prison stay.
Q:
The use of _________________ was introduced in American law with the passage of the Racketeer Influenced and Corrupt Organizations and the Continuing Criminal Enterprises acts, both which allow the seizure of any property derived from illegal enterprises or conspiracies.
Q:
Fines, home confinement, electronic monitoring, intensive probation supervision, restitution, community corrections, and boot camps are examples of _________________________.
Q:
____________________ usually involves the suspension of the offender's sentence in return for the promise of good behavior in the community under the supervision.
Q:
Executions may actually increase the likelihood of murders being committed; this is a consequence referred to as the _________________________.
Q:
________________laws require offenders to serve 85% of their prison sentences.
Q:
Most jurisdictions that use ______________________ specify minimum and maximum terms but allow judges discretion to fix the actual sentence within those limits.
Q:
A _______________________ means that both sentences are served at the same time, and the term of imprisonment is completed after the longest term has been served.
Q:
Sparing non-dangerous offenders from the stigma and labeling of a criminal conviction and involvement with the justice process is the goal of ____________________.
Q:
By _________________ a convicted offender in a secure facility, such as a prison or jail, the state seeks to reduce or eliminate his or her opportunity to commit future crimes.
Q:
The ________________________ has jurisdiction over federal laws, such as espionage, sabotage, treason, civil rights violations, kidnapping, and interstate transportation of stolen vehicles and property
Q:
Identify and discuss four legal rights a defendant has during trial.
Q:
Explain the jury selection process, the verdict process for jurors and the verdict requirements that impact different juries based upon their size.
Q:
Examine the advantages and disadvantages of plea bargaining for the defendant and for the state.
Q:
Define bail and provide its origin and purpose. Include in your response how bail can contribute to inequities in the treatment of defendants.
Q:
Compare and contrast the structure of the state and federal court systems.
Q:
Explain the fundamentals of Miranda v. Arizona, what happens if the Miranda warning is not given, and the requirements needed if suspects waive this right.
Q:
How have the concepts of community-oriented policing and problem-oriented policing changed the role of police?
Q:
Provide four circumstances when police can search without a warrant?
Q:
Distinguish between county law enforcement and metropolitan (local) police forces.
Q:
What functions do police serve in society? Compare and contrast these functions at the federal, state, and county levels?
Q:
In the case of Gideon v. Wainwright, the Court granted the absolute right to counsel in all felony cases.
Q:
After the defense concludes its case, the government may present rebuttal evidence, which is evidence that was not used when the prosecution initially presented its case.
Q:
A directed verdict means that the defense did present enough evidence to disprove all the elements of the alleged crime.
Q:
The initial list of people chosen for jury selection is called a venire or jury array.
Q:
A prosecutor may offer a plea if it is believed that the arresting officers made a serious procedural error in securing evidence that would be brought out during pretrial motions.
Q:
The right to bail comes from the Eighth Amendment to the Constitution that states people can expect to be released on reasonable bail in all but capital cases.
Q:
The judge represents the state in criminal matters that come before the courts.
Q:
When the Supreme Court decides to hear a case it usually grants a writ of certiorari requesting a transcript of the case proceedings for review.
Q:
Discretion accompanies defendants though every step of the adjudication process, determining what will happen to them and how their cases will be resolved.
Q:
Recent court rulings have broadened the scope of Miranda and have reduced police leeway in their actions.
Q:
Recent court rulings have given police greater latitude to search for and seize evidence and have eased restrictions on how police operate.
Q:
Contraband can be seized without a warrant if it is plain view.
Q:
Intelligence-led policing refers to the collection and analysis of information to produce informed police decision making at both the tactical and strategic levels.