Criminal Justice Final Exam

When a crime requires a particular result, the prosecution must prove that the defendant's _________, performed with the requisite ___________, actually caused the required ________

-Actus reus -Mens rea -Result

There are four components to social bonds:

-Attachment -commitment -Involvement -Belief

Because state of nature is an undesirable way to live, what do societies do?

-Engage in social contract theory -Line in chaos/ individuals agree to give up some of their freedom in exchange for security (both a and b)

The criminal justice system must meet a number of ideals, including:

-Equality -Effectiveness -Fairness

Which of the following are some of the negative consequences of medicalization?

-Medicalization focuses on the individual at the expense of solving larger social problems -Allowing highly educated experts to control the definition of deviance and to specify its treatment takes power out of the hands of the public -It removes personal responsibility for behaviors

Everyone has a right to trial by jury. The Supreme Court has ruled that this right does not apply to

-Petty crimes -When the defendant has waived the right to a trial by jury -Military tribunals

Which of the following is responsible for American criminal justice policy changing over time

-Philosophies of governance -relevant issues -political culture

When a government does not have legitimacy, there may be

-Protests -Revolution -Widespread disobedience of laws

The more time that elapses between a crime and the filing of charges, the more difficult it is to proceed. This is because

-The police and prosecutors initially involved in the case may have moved on in their careers -Evidence may be displaced or deteriorate -Witnesses will grow old and may forget details of the case

The National Incident-Based Reporting System (NIBRS)

-collects more detailed data about individual criminal events than the UCR -includes information about the victim, offender, and incident -is available to researchers and government agencies so they can research issues related to crime and victimization

Which Amendment to the Constitution is at issue when "the core lawful purpose of self-defense" is threatened

2nd Amendment

Wearing a suite to a job interview is an example of

A folkway

Taking the personal property of another (if coupled with the mental state of intent to steal) is the crime of theft. The actual taking of the property is the

Actus reus

John Rawls argued:

All persons should have equal access to the same basic rights and liberties

Cesare Lombroso proposed that criminals were biological throwbacks to an earlier evolutionary stage, people more primitive and less highly evolved than their noncriminal counterparts. This theory is known as

Atavism

Consider the crime of robbery. The fact that the stolen goods must be personal property and, the theft must have been accomplished by force or the threatened use of force, is

Attendant circumstances

The crime of speeding does not take place unless one is traveling on a public roadway. This demonstrates

Attendant circumstances

If the desired outcome of the law is the elimination of illegal drugs, it should be accomplished by any means possible whether or not it respects the rights of the offender or other individuals. This statement describes which model of criminal justice

Authoritarian model

Liberty, or freedom, is embodied in the first ten Amendments to the Constitution, called the

Bill of Rights

This ensures that all accused persons will have their day in court, and that the court will hold all responsibility for determining whether or not persons are guilty, based on evidence introduced at trial

Bill of attainder

Laws that required businesses to be closed and prohibited other activities on Sundays are known as

Blue laws

The criminal justice system is governed by many rules, policies, and procedures; is organized in a hierarchy with clear lines of supervision of employees; requires substantial amounts of paperwork to document activities; and requires training of employees. Which of the five perspectives of criminal justice is this an example of?

Bureaucracy

For a wrongful injury tort, there could be a two-year time limit within which civil cases may be brought. This is an example of which characteristic of civil justice

Civil court places more time limits on bringing a case forward

Under civil justice, individuals may sue when they believe they have been harmed in some way. This is an example of which characteristic of civil justice

Civil justice processes do not require that a crime has been committed

Which of the four styles of formal social control focuses on providing restitution to the victim of an act?

Compensatory

Which type of charging document is signed and sworn by a police officer or victim of a crime

Complaints

Which of the four styles of formal social control attempts to create and preserve social harmony via dispute resolution?

Conciliatory

The theoretical paradigm that holds crime is a consequence of the oppression of the lower classes by the rich and powerful elites

Conflict criminology

Legal realists give their primary focus to the decision-making processes of the

Courts

The police, courts, and corrections all work together to process a case, from start to finish. This view is in agreement with

Criminal justice as a system

The scientific study of crime trends, the nature of crime and explanations for why persons commit crimes:

Criminology

This type of justice emphasizes dialogue about how justice ought to be conceived

Discourse perspective justice

When a law enforcement agent persuades a citizen to commit a crime they would not have otherwise committed

Entrapment

The government may not discriminate based on characteristics like race, ethnicity, and religion. This is protected by

Equal protection clause

There are six concepts of law, which provide a full understanding of the role law plays in society. What are they?

Foundation of law; rationale for law; formation of law; application of law; focal point of law; discretion in law

The Supreme Court struck down a local ordinance that prohibited the ritual killing of animals, because it infringed upon the religious beliefs of a group that practices animal sacrifice. This is an example of

Free exercise clause

What are some differences between Devlin's and Hart's theories?

Hart does not believe that society is threatened by acts that pose no harms, aside from being viewed as immoral

Postmodernism:

Holds there are many distinct and equally valid realities created by people from a variety of cultures

Critical legal theorist fit into which framework?

Idealism

Which of the following statements is closest to the truth?

Idealism and pragmatism may be viewed as endpoints on a continuum of beliefs

Which best describes Hart's beliefs in relation to the focal point of law?

If the law follows its own rules, then it is successful

The Code of Ur-Namma set forth its laws in an

If/then manner

Which type of charging document is issued by a grand jury?

Indictments

Which type of charging document is filed by prosecutors

Informations

One benefit of federalism is that

It allows jurisdictions, within the bounds of state and federal law, of course, to shape their own responses to their own problems

The development of criminal justice as an academic area of study is beneficial for what reason?

It has brought with it an increase in the number of persons who can conduct studies and develop theoretical understanding about crime and justice

What do most scholars feel is needed in addition to Tyler and Maiese's four criteria in order to make criminal justice more legitimate

Laws must comply with certain values, such as human dignity, liberty, and equality

Which best describes Devlin's beliefs in relation to the application of law?

Logical principles are used to ensure careful application

If individuals perceive that the law has failed, they may

Lose confidence in the legal system

For some, attending religious services is an example of

Mores

Which of the following is an interest group who influences criminal justice public policy outcome

NRA

While two witnesses to the same criminal event might report seeing very different things, each swears that his or her testimony is "how it really happened." From the perspective of postmodern justice:

Neither witness is lying. What the witnesses believe they saw becomes a reality to them

Advocates of deinstitutionalization hoped that community-based treatment would be more effective and more economical, particularly as new medications were available to manage even fairly serious mental illnesses. In reality this

Never fully materialized

Belching at the dinner table is considered rude in many Western cultures, but is considered a compliment to the host or cook in some African and Asian countries. This is an example of

Norms varying across culture

The success of this model is measured by the harmony between society and the individuals within it, as they work together to promote justice. This statement describes which model of criminal justice

Participatory model

A rehabilitative focus is more humanitarian, which may lead to a more compassionate society. Reducing moral blame increases understanding of the deviant behavior, which is attributed to illness. These are

Positive effects of medicalization

In this type of justice, playing by a set of predetermined, mutually agreed upon, fair rules is what is important

Pure procedural justice

The theory that focuses on environmental conditions like poverty and the breakdown of the family as leading to crime is:

Social disorganization theory

Discrimination, in society or in the criminal justice system, based on race, gender, social class, sexual orientation, or other factors is a violation of

Social justice

In the classic study by Albert Bandura, Dorothy Ross, and Sheila Ross (1961), the authors determined that children who watched aggressive behavior subsequently behaved aggressively, by hitting an inflatable toy. What does this demonstrate

Social learning/differential association theory

Largely due to the works of ______________, natural law became viewed as the will of God

St. Augustine and St. Thomas Aquinas

In the authoritarian model, persons who argue against strict enforcement or for changes in the law are viewed as

Suspect persons themselves and ostracized or labeled as deviant

The goal of checks and balances is

That only the best policies will ultimately pass muster

What is the basis for an idealist's analysis of morality?

The broad goals of the system

Sigmund Freud believed that the mind could be divided into three levels. The first was

The conscious mind, which refers to one's current awareness

Which of the following are in line with the beliefs of John Stuart Mill?

The harm principle

The true growth of criminal justice as an academic discipline began in the 1970s by the development of what organization?

The law enforcement education program (LEEP)

How would a pragmatist view the notion of private prisons?

The pragmatist would first want to study the private prisons, in practice, using data to draw conclusions about it

A free-for-all environment in which there is little order is called

The state of nature

Why is policy restraint used?

The steps that are required to change policy are so difficult

Sigmund Freud believed that the mind could be divided into three levels. The third was:

The unconscious mind, which is a warehouse of troublesome memories and feelings that are hidden from immediate awareness

Which of the four styles of formal social control views the deviant person as someone who needs help to become nondeviant or "normal?"

Therapeutic

Critical legal theorists have undertaken two distinct but related tasks. They are

To be critical of the status quo and to remedy problems they have identified in the law

When using cost-benefit analysis to arrive at an answer, what is the final step

To compare the value of the costs to the value of the benefits

When using cost-benefit analysis to arrive at an answer, what is the first step

To identify the costs of an action, and then to add up their value

Each jurisdiction's legal code defines what that criminal punishment entails. This is an example of which characteristic of the criminal justice system

Upon pleading guilty or being found guilty, a defendant may receive criminal punishment

Murder, rape, robbery (i.e., taking another person's property through the use or threat of force, such as a holdup), and aggravated assault are included in the

Victim crime rate

Criminal justice is an interdisciplinary field. Determine which area of inquiry the following example demonstrates: A business installs new software that helps prevent the information stored on their computer systems from being obtained by criminals and used to steal their revenue. The software is a result of studies done on companies whose personal information was stolen.

Victimology

A person's perception of whether a decision-making process was fair depends on several attributes. One attribute is whether people had an opportunity to state their case. This is known as

Voice

Social learning theory (also known as observational learning) holds that individuals learn behaviors by:

Watching others

Why do we need criminal justice agencies?

We need the police, courts, and corrections so we can maintain order in society

When a psychiatrist or psychologist diagnoses an offender with a serious mental illness that prevents the person from appreciating the difference between "right" and "wrong," we classify that person as legally insane. This means

We then excuse what might otherwise constitute criminal conduct on this basis of insanity and excuse criminal punishment for it

How would a scholar view the role of prisons in protecting society?

What we can do while a criminal is in prison so he or she is less likely to commit a crime again on release

Take as an example, someone lies down across the state border between Iowa and Nebraska so that he is simultaneously in both states. If he were shot to death at that moment, could both Iowa and Nebraska place the shooter on trial for murder

Yes, it would not violate the double jeopardy clause because each state could prosecute

Because homicide cases are often given the highest priority in terms of investigative resources, murder has the highest

clearance rate

Gambling is classified as

mala prohibita

A person must be willing to commit the offense, and capable of actually committing it to be a:

motivated offender

A society is perfect and all people living in it get along perfectly. This is an example of what?

one reason why there would not be a criminal justice system

When actually making the laws and determining what behaviors should or should not be punished under the law, legislators face a dilemma. What is the dilemma?

should legislators consider morality when making laws or just be concerned if anyone is being harmed?