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Home » Criminal Law » Page 37

Criminal Law

Q: Which model makes greater use of incarceration, longer sentences, mandatory sentences, and strict supervision of probationers and parolees?a. congregate model b. medical modelc. rehabilitation model d. crime control model

Q: A model that was based on the assumption that the goal of corrections should be to reintegrate the offender into the community is referred to as thea. congregate model b. medical modelc. rehabilitation modeld. community corrections model

Q: During the nineteenth century, which of the following was NOT a principle that guided female prison reform?a. the separation of women prisoners from menb. the provision of care in keeping with the needs of women c. the management of women's prisons by female staffd. making female prisons decidedly "female institutions"

Q: What system held prisoners in isolation at night and made them work with fellow prisoners in shops during the day?a. Medicalb. Congregatec. separate confinement d. crime control

Q: Where in the U.S were the first penitentiaries located?a. New Jersey and Pennsylvania b. New York and New Jerseyc. New York and Pennsylvania d. Nevada and Pennsylvania

Q: Which of the following signaled a new round of reform in prisons by focusing on the goal of punishment as the moral regeneration of criminals?a. Cincinnati Declaration of Principles b. Declaration of Independencec. New York Declaration of Prisonsd. Pennsylvania Declaration of Penology

Q: The period of history when philosophers and reformers challenged the prison tradition with new ideas about the individual, limits of government, and rationalism was called thea. Enlightenment b. Renaissance c. Civil Ward. Reconstruction

Q: Jodi is serving a 5 year sentence for assault with a deadly weapon with intent to kill. She is incarcerated in the only institution for females in the state. Jodi is feels as though her constitutional rights have been trampled several times especially when they search her cell. Jodi feels that the correctional officers do not treat the inmates properly, and she has had enough. She plans to attempt to file a lawsuit.Jodi feels that her fourth amendment rights have been violated due to the searches of her cell. According to ________, Jodi does not have a case.a. Hudson v. Palmer (1984)b. Cooper v. Pate (1964)c. Fulwood v. Clemmer (1962)d. Gittlemacker v. Prasse (1970)

Q: Jodi is serving a 5 year sentence for assault with a deadly weapon with intent to kill. She is incarcerated in the only institution for females in the state. Jodi is feels as though her constitutional rights have been trampled several times especially when they search her cell. Jodi feels that the correctional officers do not treat the inmates properly, and she has had enough. She plans to attempt to file a lawsuit. Jodi would not have always had the right to sue for constitutional right violations of inmates. Which court case gave Jodi this right? a. Procunier v. Martinez (1974) b. Cooper v. Pate (1964) c. Theriault v. Carlson (1977) d. Cruz v. Beto (1972)

Q: Jodi is serving a 5 year sentence for assault with a deadly weapon with intent to kill. She is incarcerated in the only institution for females in the state. Jodi is feels as though her constitutional rights have been trampled several times especially when they search her cell. Jodi feels that the correctional officers do not treat the inmates properly, and she has had enough. She plans to attempt to file a lawsuit.Jodi is most likely serving her sentence in which of the following facilities?a. state prisonb. federal prison c. jaild. immigration court

Q: Wesley serving a 10 month sentence for driving while impaired. This was Wesley's second conviction. He has never served time before and overwhelmed with his experience so far. He is serving his time with all walks of life and most inmates say they are not guilty. Wesley cannot believe he is serving time and the manager is someone he supported and actually voted for. Wesley knows that the next 10 months cannot go fast enough. Which of the following groups of individuals will not be serving time while incarcerated with Wesley? a. innocent b. mentally ill c. substance abusers d. those serving sentences longer than a year

Q: Wesley serving a 10 month sentence for driving while impaired. This was Wesley's second conviction. He has never served time before and overwhelmed with his experience so far. He is serving his time with all walks of life and most inmates say they are not guilty. Wesley cannot believe he is serving time and the manager is someone he supported and actually voted for. Wesley knows that the next 10 months cannot go fast enough.Wesley is upset that he is managed by someone he voted for. He is referring to the _______. a. wardenb. sheriff c. chiefd. secretary

Q: Wesley serving a 10 month sentence for driving while impaired. This was Wesley's second conviction. He has never served time before and overwhelmed with his experience so far. He is serving his time with all walks of life and most inmates say they are not guilty. Wesley cannot believe he is serving time and the manager is someone he supported and actually voted for. Wesley knows that the next 10 months cannot go fast enough.Wesley is most likely serving his time in _______. a. jailb. state prisonc. federal prisond. immigration prison

Q: Javier was recently tried and convicted of trafficking cocaine across state lines. He was sentenced to a mandatory 10 year prison sentence. Javier is a citizen of Mexico; however, he has been living in the US for the last several years with his wife and two young children. Javier is serving his sentence single cell with little to no contact throughout the day. The Warden seems to believe in old style punishment.Once Javier completes his 10 year sentence, he will go through _________.a. halfway houseb. parolec. reformatoryd. deportation

Q: Javier was recently tried and convicted of trafficking cocaine across state lines. He was sentenced to a mandatory 10 year prison sentence. Javier is a citizen of Mexico; however, he has been living in the US for the last several years with his wife and two young children. Javier is serving his sentence single cell with little to no contact throughout the day. The Warden seems to believe in old style punishment.Javier does not like the fact that the warden likes to keep the inmates separate in order to intensify their punishment. This would be an example of _________.a. separate confinementb. contract labor systemc. congregate systemd. jail system

Q: Javier was recently tried and convicted of trafficking cocaine across state lines. He was sentenced to a mandatory 10 year prison sentence. Javier is a citizen of Mexico; however, he has been living in the US for the last several years with his wife and two young children. Javier is serving his sentence single cell with little to no contact throughout the day. The Warden seems to believe in old style punishment.Javier was convicted of trafficking cocaine across state lines. He is most likely serving his time in which type of correctional facility?a. state prisonb. federal prisonc. private prisond. jail

Q: Javier was recently tried and convicted of trafficking cocaine across state lines. He was sentenced to a mandatory 10 year prison sentence. Javier is a citizen of Mexico; however, he has been living in the US for the last several years with his wife and two young children. Javier is serving his sentence single cell with little to no contact throughout the day. The Warden seems to believe in old style punishment.Since Javier is not a legal citizen of the United States, he would be considered an _________.a. deported non-citizenb. documented workerc. undocumented workerd. citizen in wait

Q: Cooper v. Pate (1964) ended the hands off doctrine from inmates being able to sue. Was this a wise court decision? Why or why not? Can we limit the endless, frivolous lawsuits that this ruling encouraged?

Q: What is the future of corrections? What can we do to prepare for this new horizon? Will we see new crimes? New prison construction?

Q: With the incarcerated population more than quadrupling during the past 30 years, it is surprising that the number of parolees has decreased. a. True b. False

Q: The U.S. Supreme Court decision in ________ signaled the end of the hands-off policy.

Q: In the past three decades, the states and the federal government have passed laws that _____ sentences for most crimes.

Q: People on _____ under community supervision now make up 57 percent of the correctional population, yet budgets and staffing have not risen accordingly.

Q: Designed for first time felons aged 16-30, the approach at Elmira incorporated a ______of classification, indeterminate sentencing, and parole.

Q: The _____ model of corrections emphasizes the need to restore a convicted offender to a constructive place in society through some form of vocational or educational training or therapy.

Q: _________ is a model of corrections based on the goal of reintegrating the offender into the community.

Q: With an estimated 13 million jail admissions and releases per year, more people directly experience experience prisons, mental hospitals, and halfway houses combined.a. boot camps b. parolec. probation d. jails

Q: Eric has just been sentenced to a short term to be served within the community. He knows his crime was a mistake and considers this experience to be the first and last time he is involved with the criminal justice system. He plans to do everything that he is required to do and make this time go by as easy as possible.Eric's sentence is the best experience of which goal of punishment?a. retribution b. deterrencec. incapacitation d. rehabilitation

Q: Eric has just been sentenced to a short term to be served within the community. He knows his crime was a mistake and considers this experience to be the first and last time he is involved with the criminal justice system. He plans to do everything that he is required to do and make this time go by as easy as possible.Eric's short sentence to be served outside the community is most likely ________. a. incarcerationb. boot campc. house arrest d. probation

Q: Jenna works for the Innocence Project. She is currently working on a case where her client states that she was wrongly convicted. Jenna has been reviewing the court transcripts and has determine that the prosecutor seems to have withheld information that was pertinent to the case. Jenna's client was sentenced to a 20 year sentence for murder. She has reduced that sentence by participating in programs and her positive behavior.Jenna's client is receiving a reduction in her sentence based upon her behavior while she has been incarcerated.This is referred to as ______. a. good timeb. earned timec. mandatory sentencing d. sanctions

Q: Jenna works for the Innocence Project. She is currently working on a case where her client states that she was wrongly convicted. Jenna has been reviewing the court transcripts and has determine that the prosecutor seems to have withheld information that was pertinent to the case. Jenna's client was sentenced to a 20 year sentence for murder. She has reduced that sentence by participating in programs and her positive behavior.Jenna was able to request and confirm a new test for her client in order to prove her innocence. She, most likely, is having her client's _________tested.a. DNAb. testimony c. witnessd. ANA

Q: Jenna works for the Innocence Project. She is currently working on a case where her client states that she was wrongly convicted. Jenna has been reviewing the court transcripts and has determine that the prosecutor seems to have withheld information that was pertinent to the case. Jenna's client was sentenced to a 20 year sentence for murder. She has reduced that sentence by participating in programs and her positive behavior.Jenna's client is having a sentence reduction based upon her participation in various programs. This reduction is called _________.a. good timeb. earned time c. face timed. rehabilitation

Q: Jenna works for the Innocence Project. She is currently working on a case where her client states that she was wrongly convicted. Jenna has been reviewing the court transcripts and has determine that the prosecutor seems to have withheld information that was pertinent to the case. Jenna's client was sentenced to a 20 year sentence for murder. She has reduced that sentence by participating in programs and her positive behavior.Jenna's client as given an incarceration rate of twenty years. She was most likely sentenced under ________. a. indeterminate sentencingb. determinate sentencing c. presumptive sentencing d. mandatory sentencing

Q: Alex was recently found guilty of first degree murder. Based upon state law, the judge was forced to use a system/guideline to determine the sentence that he was to receive. Alex was sentenced to 25 years in prison. He will spend his time in a prison approximately 25 miles from his home. Alex is thankful for this sentence because it was a death penalty case.Alex was charged with murder in the first degree, which is a felony. What jurisdiction would have heard Alex's case?a. specific b. general c. locald. federal

Q: Alex was recently found guilty of first degree murder. Based upon state law, the judge was forced to use a system/guideline to determine the sentence that he was to receive. Alex was sentenced to 25 years in prison. He will spend his time in a prison approximately 25 miles from his home. Alex is thankful for this sentence because it was a death penalty case.The judge in Alex's case most likely had to use ________ which mandates the sentence that has to be rendered. a. sentencing guidelinesb. discretion c. good timed. earned time

Q: Alex was recently found guilty of first degree murder. Based upon state law, the judge was forced to use a system/guideline to determine the sentence that he was to receive. Alex was sentenced to 25 years in prison. He will spend his time in a prison approximately 25 miles from his home. Alex is thankful for this sentence because it was a death penalty case.Alex will be under lock and key for the next 25 years. He will not be able to harm anyone in the general public, which is a form of _________.a. rehabilitation b. incapacitationc. restorative justiced. imtermediate sanction

Q: Alex was recently found guilty of first degree murder. Based upon state law, the judge was forced to use a system/guideline to determine the sentence that he was to receive. Alex was sentenced to 25 years in prison. He will spend his time in a prison approximately 25 miles from his home. Alex is thankful for this sentence because it was a death penalty case.Alex will be incarcerated for a period of 25 years. Which goal of punishment does his sentence meet to the general public?a. specific deterrence b. general deterrencec. intermediate sanction d. death

Q: In Kennedy v. Louisiana, the Supreme Court ruled that the death penalty cannot be applied to cases involving child rape. Did the court make the right decision? Why or why not?

Q: What is the significance of the presentence report to the defendant who is in the sentencing phase of his/her trial?

Q: The use of DNA evidence has been widely known lead to exonerations. What other uses factors may contribute to exonerations?

Q: Probation is the most utilized form of punishment in the United States. Is probation the most effective use of punishment for the law abiding citizen in regards to protect and cost effectiveness?

Q: Since the 1980s, sentencing guidelines have been established in the federal courts and in nearly two dozen state court systems. a. True b. False

Q: The development of DNA technology has increased the number of people convicted by juries and later exonerated by science. a. True b. False

Q: Federal sentencing guidelines were adjusted in 2007 and 2008 to address a highly criticized source of racial disparities in prison sentences for offenders convicted of _______ related offenses.

Q: ________cases are processed and offenders are sentenced in courts of general jurisdiction.

Q: Misdemeanor or lower courts hear about ________percent of criminal cases.

Q: Since the 1970s, capital punishment has been used exclusively for _______ offenses.

Q: By a 7-to-2 vote in _____, the justices concluded that the attorneys for the death row inmates had not proven that the use of lethal injection violates the Eighth Amendment.

Q: In _________it ruled that execution of developmentally disabled defendants was unconstitutional.

Q: _____refers to laws that require offenders to serve a substantial proportion of their sentence before being released on parole.

Q: A ______ sentence is a sentence for which the legislature or a commission sets a minimum and maximum range of months or years.Judges are to fix the length of the sentence within that range, allowing for special circumstances.

Q: Residential settings for selected inmates as a supplement to probation for those completing prison programs. a. house arrestb. boot camps c. prisond. day reporting centers

Q: ______are rigorous military-style regimen for younger offenders designed to accelerate punishment while instilling discipline.a. day reporting centers b. prisonsc. boot campsd. halfway houses

Q: ______relationships among courtroom actors can facilitate plea bargains and shape the content of prosecutors' sentencing recommendations a. Workingb. Exchange c. Courtd. Involved

Q: In __________it ruled that execution of developmentally disabled defendants was unconstitutional a. Roper v. Simmons (2005)b. McCleskey v. Kemp (1987)c. Gregg v. Georgia (1976)d. Atkins v. Virginia (2002)

Q: __________is the state with the most defendants on death row. a. New Yorkb. Washington c. Californiad. Florida

Q: The late Chief Justice ______ actively sought to reduce the opportunities for capital punishment defendants to have their appeals heard by multiple courts a. John Robertsb. William Rehnquist c. Earl Warrend. John Marshall

Q: Many exonerations are not based on DNA evidence, but on the discovery that prosecutors had ignored or evidence.a. hiddenb. destroyed c. contained d. shared

Q: Under this approach, the amount and kind of punishment are calculated to discourage that criminal from repeating the offense.a. incapacitation b. rehabilitationc. general deterrence d. specific deterrence

Q: How did the abolition of the death penalty in 2011 in Illinois reflect changes in the use of technology? What other issues relating to cost were involved?

Q: Give two examples of how budget cut backs influence the use of mandatory sentencing and of good time?

Q: In your opinion, why does the United States rely on incarceration so heavily as a form of punishment? Why don't we use intermediate sanctions as frequently as other countries?

Q: Some countries use corporal punishment as sanctions in criminal cases. Do you think the United States should use a system of corporal punishment to control crime? What results might we see in such a system?

Q: Which purposes of punishment is the death penalty designed to serve? Discuss your response.

Q: According to the Supreme Court landmark cases involving the use of the death penalty, its use does not violate the Eighth Amendment of the United States Constitution (that is, it is not cruel and unusual punishment). Do you agree with this decision? Explain why or why not.

Q: Gender does not affect sentencing decisions. a. Trueb. False

Q: The prison population contains a higher proportion of Hispanics than the general population. a. Trueb. False

Q: Sentencing guidelines provide additional discretion for judges in the sentencing process. a. Trueb. False

Q: Presentence reports are careful to avoid stereotypes of defendants. a. Trueb. False

Q: Attitudes of judges factor into sentencing decisions. a. Trueb. False

Q: Misdemeanor courts usually can only impose sentences of one year or less in jail. a. Trueb. False

Q: Sentencing decisions are often based on specific formulas, instead of various factors..a. Trueb. False

Q: Most states use lethal injection as the preferred method of execution. a. Trueb. False

Q: It is constitutional for states to execute persons under the age of 18. a. Trueb. False

Q: The death penalty was found to be racially discriminatory by the United States Supreme Court. a. Trueb. False

Q: The prison population contains the same proportion of African-Americans as the general population. a. Trueb. False

Q: All fifty states impose death as a sentence. a. Trueb. False

Q: Two-thirds of those on death row are from the South. a. Trueb. False

Q: A determinate sentence means that the defendant determines his own punishment with the assistance of a counselor. a. True b. False

Q: Indeterminate sentences are consistent with rehabilitation. a. Trueb. False

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