CJ 490 Final
Which of the following situations is NOT an example of an ethical issue?
a legislature deciding what sentences to attach to certain crimes
What are the motions demanding the prosecutor reveal exculpatory information called
brady motions
What are the two major areas of judicial discretion?
sentencing and interpretation of the law
Which landmark Supreme Court case made the use of physical force to obtain a confession during interrogations illegal?
Brown v. Mississippi
What Supreme Court case linked release from prison to inadequate medical care?
Brown v. Plata
What police ethical training has shown to be effective in New Orleans
EPIC
Which of the following is NOT a valid reason for an attorney to withdraw from a case?
If the attorney's schedule makes it difficult to attend to the details of the case
The legal basis for civil commitment can be found in the Supreme Court decision of
Kansas v. Hendricks
According to learning theorists:
Moral beliefs arise from a habit of moral behavior that is the product of reinforcement.
Both restorative justice and peacemaking corrections are consistent with the ethics of ______ and might be considered feminine models of justice.
care
Which is one of the "Six Pillars of Character" identified by the Josephson Institute of Ethics"
citizenship
The voluntary breaking of established laws based on one's moral beliefs is called:
civil disobedience
An important distinction between a gift and gratuity is that a gift is:
clearly given with not strings attached
A model of law enforcement that addresses underlying problems rather than simply enforcing the law is referred to as:
community policing
In relation to community policing and ethics, all of the following is true EXCEPT
community policing models often foster more corruption than traditional law enforcement models
Which of the following is NOT an ethical dilemma often faced by treatment staff in correctional facilities?
consulting with judges to suggest conditions of offenders' sentences
Which type of justice is most closely related with discussions of criminal law
corrective
The Stanford Prison Experiment was based on the grounds of?
designed to explore the effects of power in a correctional setting
According to the text, which of the following represents the first step in the process of ethical analysis?
determining if there is any relevant law
Officer Smith is patrolling a city park at night. He comes across a man and woman kissing in a parked car, and tells them that it is not legal to be in the park after dark and that they need to move along. Later, he comes across two men in a parked car. Instead of telling them to move on, Officer Smith writes a citation for the driver. By allowing the first couple to leave without being cited, despite the fact that technically they were guilty of an infraction, the Officer Smith was exhibiting ________
discretion
You are a prosecutor preparing for an upcoming trial. This is a case of arson and the defendant is accused of setting fire to a barn, causing it to burn to the ground. You have an abundance of evidence that points to the defendant, but you also discover that a set of shoeprints found at the scene matches another person. This would be an example of
exculpatory evidence
According to the text, the most common charge leveled against prosectors is
failure to disclose evidence
Which of the following is cited in the text as being more influential to juries than exculpatory evidence
false confessions
The authority to use physical coercion to overcome the will of the individual is the definition of ?
force
At break time, you and Officer Jones stop for coffee and a snack at a local diner. When it is time to return to patrol, you are surprised to see Officer Jones get up and leave without paying. He explains that the owner of the diner doesn't charge police officers, which is why he chose that particular diner. This is an illustration of:
gratuity
Correctional officer is the term that replaced the old label of:
guard
The warden of a state prison has been receiving complaints from female correctional officers. Their complaints are not against inmates but against some of their male colleagues. The complaints allege that the male officers have engaged in continuing sexual harassment, including posting pornographic images in the locker room, using degrading language about them in front of the inmates, and using their hands more than necessary during training exercises. The conditions described in the complaints constitute a
hostile work environment
Utilitarianism is specifically aligned with:
human relationships and needs
You are a judge considering the sentences of several convicted offenders. The next offender to come before you is a doctor who has been found guilty of writing fraudulent prescriptions. Part of his sentence will be a loss of his medical license for one year. Because you intend for his loss of license to mean he will be prevented from committing this same crime again, at least for a year, your sentence is an attempt at:
incapacitation
Which factor would be unethical for a prosecutor to consider in making charging decisions?
income of the victim
You are a prosecutor preparing for a case that has garnered significant media attention. As the trial date approaches, you have several important matters to attend to. The judge assigned to the case is facing re-election in a few months. You have been informed that the defense attorney is planning to make a contribution to the judge's campaign fund, so you make a motion for recusal. The judge denies your motion. Which of the following is correct about this situation?
it is up to the judge to decide whether or not to recuse themself
Sheriff's deputies are often assigned to serve as correctional officers in which type of facility?
jail
Which of the following is not a method of prevention
just deserts
According to the study cited in the text, correctional officers managers attribute misconduct to
low pay and poor screening during hiring
According to the text, injury to the frontal lobe of the brain can result in all of the following EXCEPT:
memory loss
Aristotle's principle of the Golden Mean stressed the importance of:
moderation
The term ______ refers to what is judged as good conduct
morality
Which ethical system embraces human's inclination for self-preservation?
natural law
After completing your observations of Officer Jones, you are asked to summarize your observations for a study being conducted by an Ethicist studying police behavior. Based on the above examples, you are most likely to suggest that Officer Jones' actions would be consistent with a _______ ethical system
none of the above a. deotological b. teleological c. ethics of care
Officer Smith is patrolling a city park at night. He comes across a man and woman kissing in a parked car, and tells them that it is not legal to be in the park after dark and that they need to move along. Later, he comes across two men in a parked car. Instead of telling them to move on, Officer Smith writes a citation for the driver. The officer's perception of correct behavior and his "moral duty" is based on his ethical system. This is known as ___________
normative ethics
The term entrapment refers to an incident wherein an otherwise innocent person commits an illegal act because
of police encouragement or enticement
Most behaviors that might be judged as ethical or unethical for criminal justice professionals fall into four categories. Which of the following is NOT one of these four categories?
off-duty drug use
As stated in the scenario, George donates to charity but still provides a comfortable life for his family. He has found a balance between competing virtues of giving to the less fortunate while also ensuring that he provides for his family. This is an illustration of:
principle of the golden mean
Which of the following about probation is false?
probation officers
The idea that the perception of legitimacy of legal authorities comes about when they practice fairness, participation, neutrality, and respect is known as
procedural justice
What component of justice concerns itself with the steps taken to determine guilt
procedural justice
The practice of declining to issue a ticket to an off-duty officer who is stopped for speeding or for other driving violations is called
professional curtesy
According to Herbert Packer, which of the following is one of the principles under which the due process model operates
protection of the process is as important as protection of citizens
The view of police as ______ is consistent with the due process model
public servants
You are a rookie correctional officer at a state prison. The day is coming to an end and the inmates are in their cells. As you make your round to count heads, one of the inmates asks you if you'd bring him a piece of floss. He says he had an uncooked grain of rice from dinner stuck in his back teeth and it is very painful. He only needs a small piece, surely not enough to cause a problem. According to prison rules, dental floss may only be used in the shower area, under observation. It is apparent that the inmate is in discomfort and you know they're well behaved. You are inclined to provide the dental floss. After all, this inmate has never given you trouble, and in fact you think that he might be helpful in the future when it comes to relations with troublesome inmates. Such a relationship would illustrate the concept of:
reciprocity
_______ from a case is necessary when a judge has a financial interest in the case or has some other perceived bias or relationship that might give the appearance of impropriety
recusal
You are a judge seeking re-election to the county court. You have been assigned a case that involves a relative of the woman running against you in the upcoming election. In order to ensure there is no appearance bias, your duty would be to:
recuse yourself from the case
You are defending a client against a murder charge. You have consulted with your client and are making preparations for the upcoming trial. The police have been searching for a weapon but have been unable to find it. This weakens the prosecutions case. Your client tells you that he was able to hide it in a wood pile in his back yard before being arrested. According to the model rules, your duty now is to:
remain on the case and keep the location of the weapon confidential
George has always been a peaceful, law-abiding man, and he has raised his kids to be the same way. He donates to charitable causes and provides a comfortable life for his family. One night he takes his kids to a carnival and in the parking lot, they are confronted by an armed robber. The robber has a knife and threatens to harm one of George's kids if he does not hand over his wallet. A deontological response to the situation would require George to:
remain passive, regardless of the consequences
_______ is an approach to corrective justice that focuses on meeting the needs of offenders as well as victims
restorative justice
Atonement is most closely associated with the concept of:
retribution
Two major justifications for punishment and treatment
retribution and prevention
The concept of ______ is primarily one of balance
retributive justice
The roots of restorative justice can be found as far back as:
roman and grecian law
Which aspect of penalties found in sentencing circles emphasizes the individual's responsibility to the victim and society?
shaming
A survey of police chiefs found that they recommend that ethics training should focus on ______________ rather than rules.
shared values and problem solving
Retribution is consistent with
social contract theory
Which form of prevention is aimed at the offender and not the overall community
specific deterrence
The concept of "just deserts" is a primary concern of
substantive justice
Prevention goals are consistent with
utilitarianism
You are prosecutor preparing a case. The facts of the case support a charge of either capital murder or first degree murder, but you are not sure how you feel about the morality of the death penalty. You have asked for opinions from other prosecutors in your office. Later, Ted comes by and also argues in favor of seeking the death penalty. His point is the other would-be murderers in the community need to see that they face the ultimate penalty for committing murder. He presents you with research that supports the idea that the death penalty deters crime. He says "I can see why you're not crazy about the idea of putting someone to death-thats a terrible thing. But its best for the whole community if it sends a message that prevents other murders." Ted argument is based on:
utilitarianism
According to the Brady decision, what are you obligated to do with the shoeprint information?
you are required to share the evidence with the defense
The Senate candidate from the party you represent has asked you to make a speech at his campaign event, since you share his ideas. You wish to show your support and also make your positions known. Which of the following is true?
you can appear and make a speech to support your friend but you must avoid any topics that might relate to matters covered by your court
You are defending a client against a murder charge. You have consulted with your client and are making preparations for the upcoming trial. As the trial date approaches, it occurs to you tat there is every little chance of prevailing in court. You do not wish to be associated with a losing case, and it also occurs to you that if your client is convicted, you may never be paid. According to the model rules, your options is limited to which of the following?
you may not withdraw from the case simply because it appears you will lose and/or may not be paid
How long did the Stanford Prison Experiment last?
2 weeks
What percentage of police said that they lied about evidence to induce a confession, according to the text?
90%
Which of the following is true regarding coercive sexual contact in prisons?
Coercion is more likely to be present between male officers and female inmates
The first significant general challenge to capital punishment that reached the Supreme Court was the case of ______. In a 5-4 decision, the Supreme Court overturned the death sentences for murder, as well as two other defendants for rape. Of the five justices voting to overturn the death penalty, two found that capital punishment was unconstitutionally cruel and unusual, while three found that the statutes at issue were implemented in a random and capricious fashion, discriminating against blacks and the poor.
Furman v. Georgia
A free meal for a police officer at a restaurant she patrols is:
a gratuity
"Graft" is defined in the text as the exploitation of one's role by:
accepting bribes, kickbacks, or protection money
As you review the evidence you intend to present, you notice that the crime lab was unable to identify two fingerprints found at the crime scene. They were successful in matching several other prints to those of the defendants, and you intend to present this to the jury. Which of the following statements is true, regarding the inconclusive fingerprints?
according to the brady rule, you must provide the information to the defense but only if they formally request it
Faith based treatment programs are
active in many American prisons
Use of force can be predicted by
all of these are correct a. characteristics of the target, such as gender and demeanor b. situational characteristics, such as whether the pursuit is in car or on foot c. characteristics of the officer, such as ethnicity
A structured set of principles that defines what is moral is referred to as:
an ethical system
Ethical formalism would reject a policy of allowing gratuities if they
are offered for the purpose of receiving a later favor
A legal tool used to confiscate property and money associated with criminal activity is
asset forfeiture
The unquestionable entitlement to be obeyed that comes from fulfilling a specific role is known as
authority
Retributive justice is best described by what term
balance
The power and authority to choose one of two or more alternative behaviors is known as:
discretion
Required behaviors or actions that the responsibilities are attached to a specific role as known as:
duties
The four major themes of formal ethical codes for law enforcement include all except
education
_________ suggests that what is good for one's survival and personal happiness is moral
egoism
The warden considers covering up a situation, with the rationale that it is ethical to sacrifice the well being of a few officers to protect the reputation of the entire institution. This would be an application of the ___ viewpoint.
egoist
The _____ amendment protects against cruel and unusual punishment
eighth
The continuum of force approach allows the officer to
employ increasing levels of force in direct response to escalating resistance of the suspect
A sexual predator is nearing completion of his sentence. He has indicated he is consumed by compulsions that he is not able to resist. Correctional officials are convinced that he will re-offend upon being released. They decide to seek an order committing the offender to a secure treatment facility at the completion of his sentence. Even though the offender does not wish to be confined, the judge agrees that this is the best course of action, for both the community and the offender. Which of the following ethical systems does NOT support this decision?
ethical formalism
Assume that the waitress at the diner was new and did not know about Officer Jones' arrangement with the owner. She brought a check for the food and coffee, and Officer Jones' grudgingly paid. Because the choice of the diner was motivated by Officer Jones' desire for a free meal, ___ would consider his actions immoral even though he paid.
ethical formalism
Immanuel Kant is most associated with which ethical system?
ethical formalism
Probation officers whose on the job behavior is guided by a desire to always do their duty is exhibiting
ethical formalism
The concept of justice is most closely related to
ethical formalism
What system of ethics supports a retributive view of punishment
ethical formalism
You are a rookie correctional officer at a state prison. The day is coming to an end and the inmates are in their cells. As you make your round to count heads, one of the inmates asks you if you'd bring him a piece of floss. He says he had an uncooked grain of rice from dinner stuck in his back teeth and it is very painful. He only needs a small piece, surely not enough to cause a problem. According to prison rules, dental floss may only be used in the shower area, under observation. It is apparent that the inmate is in discomfort and you know they're well behaved. To decide how you will act, you consider the ethical systems that might apply to the situation. If you decide to refuse the inmate's request because you believe your duty to your job requires you to follow the rules completely, which ethical system would this illustrate?
ethical formalism
You are prosecutor preparing a case. The facts of the case support a charge of either capital murder or first degree murder, but you are not sure how you feel about the morality of the death penalty. You have asked for opinions from other prosecutors in your office. Mary comes to your office and argues in favor of charging capital murder. She believes that capital punishment is just a proportional punishment. Mary's point of view reflects which ethical system?
ethical formalism
A juvenile has been arrested for vandalizing a Burger King. He and his friends tore up some landscaping, threw rocks at the marquee (breaking glass panels), and spray painting graffiti. As part of the diversion process, he has accepted the opportunity to meet with the restaurant's owner for a mediation session. The probation officer leading the meeting suggests a penalty that involves an apology and a schedule of work to be performed at the restaurant. In addition, the offender agrees to attend counseling to assist him with personal issues. All agree to the plan Addressing the personal needs of the offender in this scenario is justified via which ethical system
ethics of care
Which ethical system has been described as feminine
ethics of care
Which ethical system would only support punishment as a last resort
ethics of care
You are a rookie correctional officer at a state prison. The day is coming to an end and the inmates are in their cells. As you make your round to count heads, one of the inmates asks you if you'd bring him a piece of floss. He says he had an uncooked grain of rice from dinner stuck in his back teeth and it is very painful. He only needs a small piece, surely not enough to cause a problem. According to prison rules, dental floss may only be used in the shower area, under observation. It is apparent that the inmate is in discomfort and you know they're well behaved. To decide how you will act, you consider the ethical systems that might apply to the situation. If you decide to provide the floss because you believe it will alleviate the inmate's suffering even though it means breaking the rules, which ethical system would this illustrate?
ethics of care
Which of the following is not an ethical system?
ethics of cure
An ethical system which bases ethics largely upon one's character and possession of certain valued qualities is:
ethics of virtue
George has always been a peaceful, law-abiding man, and he has raised his kids to be the same way. He donates to charitable causes and provides a comfortable life for his family. One night he takes his kids to a carnival and in the parking lot, they are confronted by an armed robber. The robber has a knife and threatens to harm one of George's kids if he does not hand over his wallet. A teleological response to the situation would require George to:
fight hard against the robber, regardless of the injury he might inflict
The Innocence Project is
founded in 1992 by Peter Neufeld and Barry Scheck at Cardozo School of Law, exonerates the wrongly convicted through DNA testing and reforms the criminal justice system to prevent future injustice
What part of the brain is associated with reason
frontal lobe
What are the two types of deterrence
general and specific
A new supermarket is going to be built. The county has required the owner to designate at least eight handicap parking spaces. The county installed a sign in front of each space to indicate that is it reserved for vehicles with a proper sticker. The sign also announces a $250 fine for violations. The intention behind the sign is to announce to the community at large that there will be a stiff penalty to pay for violating the rule. The belief is that drivers who risk a small fine by parking illegally elsewhere, such as against a curb, will not risk the large fine for parking illegally in the handicap spaces. This point of view is known as:
general deterrence
While on patrol, Officer Jones notices a car that is parked illegally. He uses his cell phone to call a towing company, identifying himself as a friend on the phone. When the tow truck arrives, the driver thanks Officer Jones for calling in the job, and discreetly hands him a twenty dollar bill. This is an example of:
graft
________ are often put into place to guard against ethics problems but sometimes have the unintended effect of actually increasing unethical behavior
honor systems
Which of the following is NOT an exception to the confidentiality rule for defense attorneys
knowledge of evidence of a murder that has taken place
Which is NOT considered a moral virtue?
love
The Attorney general has hired you to review inmate complaints emanating from a state prison. Your investigation reveals that a group of six correctional officers is responsible for most of the issues. All six were part of the same training class and began work at the prison together. You are summarizing your findings for the Attorney General. Several complaints related to the officers' failure to follow up on requests for medical care. There was also one complaint regarding lost mail. Your investigation leads you to believe that these issues were not intentional on the part of the officers; nevertheless, they still get classified as
negligent abuse
Which of the following is true regarding a probation or parole officer's power to recommend revocation?
none of the above is correct a. the officer makes a recommendation only b. the officer instructs the judge, who must issue an order according to the officer's decision c. the officer decides whether or not to revoke, and no further court action is required
Procedural justice is evidenced most fully in
our legal system
What does Paul Zak call the "moral molecule"
oxytocin
Which of the following is a main difference between probation officers and parole officers
parole officers supervise less dangerous offenders than probation officers
Initially, you charged the defendant with attempted murder, since there was reason to believe the barn might have been occupied at the time. In reality, you knew that you would not be able to prove this charge in court. You thought that adding this serious charge might lead the defendant to plead guilty to the arson charge if you agreed to drop the attempted murder charge. This arrangement would be a:
plea bargain
The vast majority of case in the criminal justice system are settled by
plea bargains
According to Klockars, what are the four elements of police power?
power, persuasion, force, and authority
Officer Smith is patrolling a city park at night. He comes across a man and woman kissing in a parked car, and tells them that it is not legal to be in the park after dark and that they need to move along. Later, he comes across two men in a parked car. Instead of telling them to move on, Officer Smith writes a citation for the driver. By allowing his personal views to result in unequal treatment of members of the public, Officer Smith is in violation of his _____________
professional ethics
According to the Bureau of Justice Statistics (BJS) study cited in the text, which type of offender is most likely to be re-arrested for a new crime after release from prison?
property offenders
George has always professed non-violence, but in this instance, he fights the robber to protect his child. Technically, by fighting, he is violating his moral belief that one should be non-violent. His decision to fight in this instance is an example of:
situational ethics
You are a rookie correctional officer at a state prison. The day is coming to an end and the inmates are in their cells. As you make your round to count heads, one of the inmates asks you if you'd bring him a piece of floss. He says he had an uncooked grain of rice from dinner stuck in his back teeth and it is very painful. He only needs a small piece, surely not enough to cause a problem. According to prison rules, dental floss may only be used in the shower area, under observation. It is apparent that the inmate is in discomfort and you know they're well behaved. Another officer, a veteran, sees that you have retrieved floss and asks what you intend to do with it. After you explain, he warns that it's not a good idea. Sometimes, a seemingly innocent request to break the rules turns out to just be the start and once you've broken the rules, the inmate has something to hold over you. This can lead to more problematic requests and demands. This process is known as:
slippery slope
You are a judge considering the sentences of several convicted offenders. The first offender has been found guilty of burglary and larceny for the third time. The report tells you that the offender's previous sentences were probation for the first offense and 14 days in jail for the second. You determine that the offender has not learned his lesson after the first two convictions, and you intend to send him a message with this sentence. Accordingly, you sentence him to the maximum allowed under the guidelines. Because you imposed this long sentence to try to teach this individual a lesson, so that he will not choose to offend again in the future, your sentence is an attempt at:
specific deterrence
According to the text, which of the following is NOT a factor affecting the ethical climate of an organization?
state and local laws
A juvenile has been arrested for vandalizing a Burger King. He and his friends tore up some landscaping, threw rocks at the marquee (breaking glass panels), and spray painting graffiti. As part of the diversion process, he has accepted the opportunity to meet with the restaurant's owner for a mediation session. The probation officer leading the meeting suggests a penalty that involves an apology and a schedule of work to be performed at the restaurant. In addition, the offender agrees to attend counseling to assist him with personal issues. All agree to the plan The offender explains to the victim that he didn't consider that there was a person who suffered as a result of his vandalism; tp him, it was just a building and the company would fix whatever damage he did. A restorative solution attempts to achieve all of the following EXCEPT
stigmatizing the offender so that his shame will deter him from re-offending
While duties are what you are expected to do, ______________ are commendable but not required actions.
supererogatories
The Attorney general has hired you to review inmate complaints emanating from a state prison. Your investigation reveals that a group of six correctional officers is responsible for most of the issues. All six were part of the same training class and began work at the prison together. You are summarizing your findings for the Attorney General. While investigating the complaints, you noticed that several housing units were empty while others were clearly overcrowded. Cells designed for two inmates were occupied by 3 or 4. When you asked the warden about this situation, he explained that it was more cost-effective to double up the inmates. The empty cells did not require monitoring, cleaning, maintenance, and so on. He did not seem concerned that this policy resulted in undue suffering on the part of the inmates. This situation would be classified as
systemic abuse
Which of the following is NOT considered a graft
taking merchandize from a crime scene
What hormone is associated with aggression
testosterone
The Law Enforcement Code of Ethics and the Oath of Honor were developed by
the International Association of Chiefs of Police
In Washington v. Harper, the U.S. Supreme Court ruled that:
the administration of antipsychotic drugs to unwilling inmates is not unconstitutional
What is discretion?
the authority to make a decision between two or more choices
What does a teleological ethical system judge?
the consequences of the act
Aristotle is most closely associated with:
the ethics of virtue
According to the text, ethical issues involve broad social questions, often concerning the government's social control mechanisms and ________________
the impact of those being governed
The "blue curtain of secrecy" refers to
the practice of police officers remaining silent when fellow officers commit unethical actions
Which of the following statements is a conclusion that can be drawn from the Stanford Prison Experiment?
the prison environment causes people to act in ways that they would not otherwise
According to Beccaria's and Bentham's utilitarian rationale, punishment should be based on
the seriousness of the crime
The term ethics is referred as:
the study and analysis of what constitutes good or bad conduct
What is persuasion?
the use of signs, symbols, words, and arguments to induce compliance
What recent research has led to the indication that the "blue curtain of secrecy" is breaking down?
there are more women and minorities on the force
In confrontations between police and citizens, research has shown that factors leading to disrespectful interaction include each of the following EXCEPT
time of day
According to research provided in the text, which of the following is NOT a factor associated with the use of force by police
time of year (season)
You are a judge considering the sentences of several convicted offenders. The last case of the day involves a 16 year old high school dropout who was convicted of auto theft. He had no prior record and says that he dropped out of high school to help his family but has not been able to find work. You are convinced that he only stole the car out of economic need. You hand down a sentence consisting of probation, with a condition of attending job training. Your goal is to help the offender improve his chances at landing a job, which should help keep him away from crime. This decision reflects the _____ ethics.
treatment
The Attorney general has hired you to review inmate complaints emanating from a state prison. Your investigation reveals that a group of six correctional officers is responsible for most of the issues. All six were part of the same training class and began work at the prison together. You are summarizing your findings for the Attorney General. Interviews with the officers revealed a common perception that prison management did not behave ethically and was not concerned about officer safety. The officers indicated that they eventually adopted the attitude that if management was not going to treat them properly, then they were no longer concerned about treating inmates ethically. This situation illustrates
trickle down abuse
Deterrence is the central theme of what theory of corrective justice
utilitarian
A new supermarket is going to be built. The county has required the owner to designate at least eight handicap parking spaces. The county installed a sign in front of each space to indicate that is it reserved for vehicles with a proper sticker. The sign also announces a $250 fine for violations. Ethically, it seems as though the punishment is well out of proportion for the transgression. However, it seems as though it is worth the harm done to a few rule breakers if the punishment prevents others from parking here. In other words, the "good" to the general community outweighs the harm of the sever individual penalty. The philosophy that supports this is:
utilitarianism
