Soc131

In her presentation, Attorney Dolan mentioned the percentage of white defendants she is representing. What was that number (roughly)? 25% 10% 80% 75% 5%

25%

What is the difference between fines and restitution? A fine is equivalent to civil forfeiture. A fine is paid to the state, while restitution is paid to the victim. A fine is always higher than restitution. Restitution is always higher than a fine. A fine is paid to the victim, while restitution is paid to the state.

A fine is paid to the state, while restitution is paid to the victim

The law regulating relationships between or among individuals, usually involving property, contracts, or business disputes is called: Criminal law Constitutional law Civil/private law Insurance law Administrative law

Civil/private law

Which of the following is not a major way that states provide indigent defendants with counsel? You may select more than one answer. Committed counsel Assigned counsel Contract counsel Public defenser programs Pro Se counsel

Committed counsel Pro se counsel

Before a juvenile is sentences to life in prison without parole, a court must determine that this juvenile is incorrigible (that there is no hope for rehabilitation). True False

False

The Crime Control Model has no or only little trust in informal fact-finding because, for instance, people are notoriously poor observers of disturbing events—the more emotion-arousing the context, the greater the possibility that recollection will be incorrect. True False

False

We discussed the Michelle Carter case. According to our discussion, which of the following elements of the crime was the most difficult to establish? Actus reus Mens rea The but-for requirement of causation. Legal causation Concurrence

Legal Causation

Which of the following is NOT one of the three sources of law we discussed in lecture? Statutory Law Constitutional Law Case Law People's sense of justice

People's sense of justice

Prison officials have the authority to search cells and confiscate any materials found without any suspicion of wrongdoing. True False

True

Most people of the U.S. correctional population are: In jail On probation In prison On parole In house arrest

on probation

The United States incarceration rate has quadrupled since 1973. Which of the following was NOT cited in the text or mentioned in lecture as an explanation for this trend? state politics the "war on drugs" rising crime rates across the whole population the expansion of the prison system tougher sentencing

rising crime rates across the whole population

A sentence in which the offender is released after a short incarceration and resentenced to probation is called: Halfway Sentence Intermediate Sentence Shock Probation Bifurcated Sentence Nondescript Sentence

shock probation

Police employees who have taken an oath and been given powers by the state to make arrests and to use necessary force in accordance with their duties are called: Aggressive patrol officers Sworn officers Staff officers Detectives Agents

sworn officers

In lecture, we discussed the Amy Cooper case. Which of the following is NOT a potential implication of the so called "Amy Cooper" law (NY State Senate Bill 8492) as addressed in lecture and the article, "Amy Cooper's Town"? The law might encourage people to be less socially aware and not say something when they see something. The law is racially problematic in that it only protects minorities but does not address situations in which whites are subject to false incrimination. The law might be just a hollow symbol in that it does not address underlying racial issues in society and the police. The law might further overcriminalization. The law could discourage people from calling 911.

the law is racially problematic in that it only protects minorities but does not address situations in which whites are subject to false incrimination

Wisconsin has a public defender system. True False

True

According to lecture, in civil law systems/inquisitorial systems ... [Hint: More than 2 but fewer than 4 are correct.] -the general notion of plea bargaining is not considered being in line with the principle of legality and inquisitorial idea. -a defendant's confession is considered as a piece of evidence but not an admission of guilt. -a "plea" as the basis for plea bargaining does not exist. -courts decide on all criminal cases through trials. -case numbers are lower so the court system is not under the same pressure as the U.S. system.

-the general notion of plea bargaining is not considered being in line with the principle of legality and inquisitorial idea. -a defendant's confession is considered as a piece of evidence but not an admission of guilt. -a "plea" as the basis for plea bargaining does not exist.

According to a U.S. Department of Justice study, what (approximately) is the combined (re-arrest and return to prison) recidivism rate of prisoners released from prison within 5 years after release? 10% 87% 8% 25% 70%

70%

A study in New York City found that among 19,137 cases for which bail was set at $1,000 or less, around what percentage could NOT post bail? 65% 65% 85% 98% 75%

85%

According to lecture, police officers spend what amount of their time in the social service function (approximately)? 54% 32% 90% 70% 80%

90%

Which of the following is/are required for a successful revocation of parole? A hearing in which it is assessed whether the parole violation is serious enough to warrant the return to prison.. A hearing in which the likelihood of recidivism is determined. A hearing that determines if the parole violation happened beyond a reasonable doubt. A hearing in which it is determined whethere there is probable cause for the parole violation. A hearing that assesses the parolee's ties to the community.

A hearing in which it is assessed whether the parole violation is serious enough to warrant the return to prison.. A hearing in which it is determined whether there is probable cause for the parole violation.

According to lecture and the interpretation of the Fourth Amendment, in which of the following scenarios/situations is probable cause NOT required? You can pick more than one. Note: This is not a difficult question, just go through each option carefully. A warrantless arrest (based on, for instance, exigent circumstances). A search of your luggage at a border. A search and seizure based on exigent circumstances. A seizure based on plain view. A traffic stop.

A search of luggage at a border A traffic stop

A private/civil law conflict (for example, a dispute over a contract) is resolved through: Mediation A trial or a plea bargain Arraignment A trial or settlement Meditation

A trial or settlement

Which of the following statements about the plain view exception is/are NOT true? You can pick more than one. An officer must have lawful presence in the place the search happens. Accord to Arizona v. Gant, if there is enough time, officers must get a search warrant for items in plain view. Plain view extends to all senses, like smell (e.g. smelling marijuana smoke). or hearing. An officer can only minimally scrutinize the object (lifting it, looking at a serial number, etc.) in order establish probable cause. The item that is later seized is observed in plain view.

According to Arizona v Gant, if there is enough time, officers must get a search warrant for items in plain view. An officer can only minimally scrutinize the object (lifting, looking at a serial number, etc.) in order to establish probable cause.

The process of determining whether the defendant is guilty is called: Adjudication Plea Bargain Filtering Process Corrections Discretion

Adjudication

According to the article, "Exclusion of Blacks from Juries Raises Renewed Scrutiny" what is a potential solution discussed for combating discrimination in jury selection? Requiring that lawyers offer a written explanation for their selections Allowing for fewer peremptory challenges Allowing for fewer challenges for cause Promoting peremptory challenges None of the above

Allowing for fewer peremptory challenges

Why do experts often consider a public defender system better than an assigned counsel system? Because public defenders are specialists in criminal law Because public defenders work for lower salaries than assigned counsel Because public defenders have lighter caseloads than assigned counsel Because public defenders can hire staff investigators to assist in case preparation Because public defenders take extra criminal law courses before they are admitted to the bar

Because public defenders are specialists in criminal law

In a criminal case, the standard of proof for a guilty verdict is: Beyond absolute cluelessness No doubt Preponderance of the evidence Beyond a reasonable doubt Reasonable suspicion

Beyond a reasonable doubt

____________ law is a form of public law designed to prevent or enforce certain types of behavior and punish offenders.

Criminal

What do we call a child/juvenile who has committed an act that if committed by an adult would be a criminal act? Status Offender Child Offender Immature Criminal Delinquent

Delinquent

Gretel is a single mother with a 12-year old child. Gretel has been having issues with substance abuse for a while. Despite her love for her child and her willingness to turn things around, she struggles to get her to school in time, prepare meals, and do laundry. A social worker hears about the challenging living situation and wants to get the juvenile court involved, because this is a case of: Neglect Parens Patriae Dependency Juvenile Delinquency Staus Offense

Dependency

According to the text, Juries perform vital functions in the criminal justice system. Which of the following is NOT one of them? Prevent government oppression by safeguarding citizens against arbitrary law enforcement. All of the above are vital functions of the jury. Develop new rules and laws based on prior cases and the instructions they receive from the judge. Determine whether the accused is guilty on the basis of the evidence presented. Symbolize the rule of law and the community foundation that supports the criminal justice system.

Develop new rules and laws based on prior cases and the instructions they receive from the judge.

According to lecture and the text, what do we call behavior that contradicts the norms of conduct or social expectations of society that is so dangerous, embarrassing, or irritating that the group brings special sanctions against persons who exhibit it? Crime Delinquency Deviance Infraction Status Offenses

Deviance

In a strict liability crime, the prosecutor Does not need to prove the age of the victim Does not need to prove the mental state of the victim must show that the suspect subconsciously knew the age of the victim. Does not need to prove the mental state of the offender

Does not need to prove the mental state of the offender

Hans is serving time for an armed robbery. While in in prison, he attends courses in anger management, and he also helps fighting wild fires over a few weeks. Because of this, his prison time is reduced. This type of reward is called: Parole Good Time Earned Time Early Release Probation

Earned Time

According to lecture, what is the most effective program to reduce recidivism after prison? In-prison drug treatment Having work in prison Education Having contact with friends and family Conjugal visits

Education

The 6th Amendment states you have the right to a jury of your peers True False

False

In the sentencing phase of a death penalty case, the jury considers "mitigating circumstances." What are "mitigating circumstances"? Factors every reasonable person from Wisconsin would pick Any factors that diminish judicial discretion in the sentencing decision. Factors the defense presents and the jury find important toward explaining or diminishing the convicted person's behavior. An evaluation of these factors allows the jury to apply its discretion when analyzing the broader or peculiar circumstances of a case. Factors the legislature chose to include in a state's death penalty statute that show how a homicide fell within certain, narrow circumstances. An evaluation of these factors diminishes the discretion of the jury or judge by precisely defining a class of crimes. The term used to define the legal procedure necessary to impose the death penalty by separating the sentencing phase in to a second part of the trial.

Factors the defense presents and the jury find important toward explaining or diminishing the convicted person's behavior. An evaluation of these factors allows the jury to apply its discretion when analyzing the broader or peculiar circumstances of a case.

A prosecutor's ability to (in theory) select from all legally acceptable charges is an expression of the principle of legality. True False

False

According to lecture, Miranda Warnings (the warning that a suspect does not need to incriminate themselves and have a right to an attorney) is an expression of the Crime Control Model. True False

False

According to lecture, increasing patrol in an area will reduce the amount of crime committed there. True False

False

According to lecture, the 1989 ruling in Mistretta v United States established that incarceration in the US must follow the ideal of rehabilitation. True False

False

According to the Supreme Court, because of the unique situation of corrections, the due process clause of the Fourteenth Amendment does not apply, and not even basic procedural rights must be observed when decisions about disciplining inmates are made. True False

False

According to the textbook and lecture, self-defense is used in cases when people break the law in order to save themselves or prevent harm to any legally protected good. True False

False

An alibi is an affirmative defense. True False

False

Had O.J. Simpson been found guilty in his criminal trial he could NOT have been sued in civil court. True False

False

Hans lets Gretel live in his condo over the summer while Hans is in Italy. During that time, one morning, a police officer knocks on the door and says he needs to search the condo because Hans is a suspect in a drug case. The officer does not have search warrant. Gretel feels uncomfortable and does not want to let the officer in. The officer says he does not need a warrant because Gretel does not own the condo and therefore her consent or disagreement is irrelevant because she does not have the same privacy rights as Hans. Is the officer's statement true or false? True False

False

One of the main differences between the adversarial and the inquisitorial process is that lawyers in the inquisitorial system do not represent their clients' interests, they help the court to find evidence to discover the truth. True False

False

People who are arrested can only be strip-searched upon entering a jail when there is an articulable suspicion that they are hiding drugs or weapons. True False

False

Recidivism is the repayment—in the form of money or service—by the offender to a victim who has suffered some form a loss from the offense. True False

False

Self-defense and necessity differ in that self-defense is a justification and necessity is an excuse. True False

False

Some death row inmates develop a mental illness while being on death row and are forced to take antipsychotic drugs. True or false: The execution of such a death row inmate would be considered cruel and unusual punishment. True False

False

The rate of incarceration corresponds directly with the rate of violent crime. Meaning, the more people are incarcerated, the lower the number of violent crime. True False

False

Which of the following statement about juvenile delinquency is correct? The age group of the 12-14 year old shows the highest delinquency rates. For most juveniles, delinquency is an episode, and they grow out of it. People tend to become more delinquent/criminal when they get older. Historical evidence shows that juvenile delinquency is a phenomenon of the modern age. None of these statements is correct.

For most juveniles, delinquency is an episode, and they grow out of it.

In lecture we discussed Whren v. United States. Which of the following statements about or conclusions from this case can be made? [Note: Multiple answers may be correct. This question is not difficult but take your time reading it carefully.] The Supreme Court would have allowed the suppression of evidence had the petioner been able to show that a reasonable police officer would not have pulled over Whren. The stop after the traffic violation would have given the officers the right to look into the glove compartment. The Supreme Court stated that racism is a social but never a legal issue. Had the traffic-violation arrest been mere pretext for the drug search, the arrest would still be valid. The subjective--and potentially racist--intentions of an officer do not render an otherwise legitimate stop of a vehicle unreasonable.

Had the traffic-violation arrest been mere pretext for the drug search, the arrest would still be valid. The subjective--and potentially racist--intentions of an officer do not render an otherwise legitimate stop of a vehicle unreasonable.

The rehabilitation model of incarceration... Views communication as a precondition for rehabilitative efforts. Emphasizes rehabilitation through restitution alone. Is linked to structures and goals of community corrections since the offender will one day return to society. Is based on the idea that providing opportunities for atonement in an atmosphere of strict discipline are effective ways to prevent recidivism. Holds professional treatment specialists at a higher status than other employees because this model believes that all efforts should center around rehabilitative efforts.

Holds professional treatment specialists at a higher status than other employees because this model believes that all efforts should center around rehabilitative efforts.

Passed by the Wisconsin legislature in 1913, the ____________ is often cited as the model on which most work and education release programs are based. Huber Act Halfway House Act Hughes Act Huxley Act Hudson Act

Huber Act

Mary wants to kill Tom. She puts three drops of a clear liquid into Tom's tea. Tom drinks his tea, feels queasy, drops to the floor, and dies. Which of the following statements about this case is/are correct? Note: This is a multiple answers question. You need to pick all options that you think are correct. Take your time and trust that this question requires only a basic understanding of causation/elements of the crime. If it turns out that the liquid was poison but Tom tied of an unrelated heart attack, Mary could be charged with attempted murder. Under no circumstances could Mary be charged with murder because Tom might have died of natural causes. For a murder charge it will be sufficient if the prosecutor can prove that the liquid was poison. If Tom died of natural causes Mary could be charged with manslaughter/negligent homicide. Mary can be charged with murder if the clear liquid is poison and if that poison led to Tom's death.

If it turns out that the liquid was poison but Tom tied of an unrelated heart attack, Mary could be charged with attempted murder. Mary can be charged with murder if the clear liquid is poison and if that poison led to Tom's death.

Gus F. is suspected of being involved in a drug cartel. Although police haven't been able to tie him directly to a specific drug deal, they have reliable information that he is the cartel's mastermind. Hank S., the lead detective, thinks that the only way to make a move against the cartel is to seize Gus's phone and look at its data, knowing that Gus runs the operation from his phone. To be sure, Hank consults with the police department's staff attorney. Hank asks her how he could get access to the data on the phone. Which of the following answer(s) from the attorney are correct? -If you get a warrant, and in case the phone is protected by FaceID (a mechanism that unlocks the phone by scanning the owner's face) you can get access to the data by simply taking the phone and holding it before Gus's face. -If the phone is protected by a passcode, get a warrant that requires Gus to tell you the passcode. -All data one the phone is protected under the 4th and 5th Amendment. Searching the phone would be equal to asking Gus to incriminate himself. There is no legitimate way to get access to the phone unless Gus consents. -If you get a warrant you can get access to the phone by forcing Gus's finger on the fingerprint sensor to unlock the phone. -Phones fall under the plain view exception. For as long as you have legal presence where the phone is, you quickly grab Gus's hand and force the fingers on the sensor to unlock the phone.

If you get a warrant, and in case the phone is protected by FaceID (a mechanism that unlocks the phone by scanning the owner's face) you can get access to the data by simply taking the phone and holding it before Gus's face. If you get a warrant you can get access to the phone by forcing Gus's finger on the fingerprint sensor to unlock the phone.

This is adapted from a real case with content that might disturb some readers, In the famous case of R. v. Dudley Stephens, Dudley and Stephens were shipwrecked along with one other man, the cabin boy Richard Parker. All three are on a lifeboat with no food. When Parker fell into a coma, Dudley and Stephens decided to kill him for food. The boy would have died on the lifeboat, and Dudley and Stephens only survived because they killed Parker. Both were tried for murder when they were back home. Which of the following statements about this case is true? Parker would have died anyway and Dudley and Stephens could argue they did not cause his death. In a murder/homicide case the necessity defense does not work because life is not a quantifiable good. Dudley and Stephens were in a bad shape and therefore could not control their behavior--actus reus is missing. Dudley and Stephens could use the necessity defense because they were saving their lives. Dudley and Stephens can only be charged with attempted murder and negligent homicide because concurrence is missing.

In a murder/homicide case the necessity defense does not work because life is not a quantifiable good.

What is the difference between reactive and proactive policing? In reactive policing, police action is initiated without request; in proactive policing, police respond to requests from the public. Reactive policing directs resources to known high-crime areas; proactive policing works by making the police presence known in an area in an attempt to deter crime. In reactive policing, police respond to requests; in proactive policing, police initiate actions without requests. Proactive policing assigns priorities to calls for service; reactive policing does not. Reactive policing enforces conservative values whereas proactive policing represents liberal values.

In reactive policing, police respond to requests; in proactive policing, police initiate actions without requests.

What do we call the type of sentence where a judge sets a minimum and a maximum time to be served in prison with the offender being eligible for parole sometime after having served the minimum. Good Time Mandatory Sentence Indeterminate Sentence Determinate Sentence Presumptive Sentence

Indeterminate sentence

According to the text, which of the following statements about jail are correct? College graduates outnumber inmates who only have a high school degree. Most inmates in jails are not convicted. Jails are meant as institutions for the incarceration of serious criminals who have usually committed felonies. Most inmates in jails are male. Whites make up less than half of the jail population.

Most inmates in jails are not convicted. Most inmates in jails are male. Whites make up less than half of the jail population.

A person is charged with illegally carrying a concealed weapon that he borrowed in order to retrieve his son's baby food from a car while visiting a housing project in a high-crime neighborhood where he had been robbed in the past. The person is only caught because the city assigned a high number of officers to look for illegal guns. Which of the following defenses is most likely to be successful? Insanity Entrapment Necessity Self Defense Mistake of Fact

Necessity

Cop Nosy Noseberger drives on the highway behind a car. Since it's been a slow day, he checks the license plate of the car and sees that the owner's license has been revoked. The owner is a 55-year old male. Which of the following statement(s) about this scenario is correct? Note: More than one but fewer than five options are correct. Given the specific nature of cars, the Supreme Court holds that a traffic stop is always reasonable, causing only a minor interference with someone's freedom. In the absence of additional facts, Nosy can assume that the owner drives the car and can pull him over. Nosy needs reasonable suspicion for a violation of a law to pull the car over. Knowing that the owner's license is expired is suffucient suspicion. According to Kansas v. Glover, Nosy must obtain further information on the actual driver of the car before he can pull them over. If Nosy passes the car and sees a young woman behind the wheel he can stop the car because the revoked license gives him reasonable suspicion.

Nosy needs reasonable suspicion for a violation of a law to pull the car over. Knowing that the owner's license is expired is sufficient suspicion. In the absence of additional facts, Nosy can assume that the owner drives the car and can pull him over.

According to the text and lecture, which of the following statements about race and the criminal justice system are correct? [Note: Multiple answers may be correct. This question does not require much transfer, but please take your time reading it carefully.] People of color are overrepresented in the criminal justice system. Subcategories like age, socio-economic status, and gender are better fit to explain crime than just "race." Crack cocaine laws are an example for how laws can indirectly and disproportionately affect minorities. Only very few people believe that racial bias is a "big reason" for the arrests of minorities. Blacks are just as likely to be stopped as whites.

People of color are overrepresented in the criminal justice system. Subcategories like age, socio-economic status, and gender are better fit to explain crime than just "race." Crack cocaine laws are an example for how laws can indirectly and disproportionately affect minorities.

Hans is lucky that he got a job only a few weeks after his release from prison. He served 15 years for an armed robbery. He likes his job but struggles to keep deadlines, stay organized, show up on time, and take initiative when it is required. His struggles can be described as an effect of: Stigmatization Normalization Avolition Prisonization Institutionalization

Prisonization

The rules governing how officials (police, courts, corrections) oversee criminal law are part of: Rules of Evidence Administrative Police Law Natural Law Procedural Criminal Law Substantive Criminal Law

Procedural Criminal Law

Which of the following individuals is involved in the greatest number of different stages of the criminal process? Prosecutor Judge Defense attorney Police officer Parole board

Prosecutor

According to lecture, what was the prevailing prison/intervention model between the 1940s and and 1970s? Pennsylvania system Retribution model Rehabilitative model(s) Reformatory movement model Auburn model

Rehabilitative model(s)

Which of the following is/are NOT a common characteristic(s) of community corrections? Residential stability Restitution Accountability Economic efficiency Retribution

Restitution Retribution

According to lecture, which of the following statements about the purposes/theories of punishment is/are true? [This is not a difficult question. Read each answer carefully, and if you need take out the table/overview from lecture.] Atonement is comparable to rehabilitation. Incapacitation falls exclusively into the category of absolute theories of punishment. Retribution falls into the category of absolute theories of punishmnent and has no preventive effect. The affirmation of values is rooted in absolute theories of punishment. Deterrence falls into the category of preventive purposes of punishment.

Retribution falls into the category of absolute theories of punishment and has no preventive effect. Deterrence falls into the category of preventive purposes of punishment.

In lecture, we discussed that actus reus consists of two element. Below, you will find various scenarios. In which of these scenarios does Sally fulfill both criteria for actus reus? The potentially criminally relevant action is in [brackets]. Sally [thought] about murdering a roommate. Sally walks down a street when Peter, who is riding his bike on the sidewalk, crashes into her. Sally loses balance and [is pushed] into a store window, which brakes. None of these meet both of the criteria for actus reus. Sally was forced at gunpoint to [steal] an automobile. Sally had a seizure and [crashed] a car into a pedestrian.

Sally was forced at gunpoint to steal an automobile

_________________ is a sentence in which the offender is released after a short period of incarceration and resentenced to probation. Huber probation Shock probation Parole Deferred prosecution Early release

Shock Probation

In lecture, we discussed McBoyle v. United States. The case was used as an example for what characteristic of criminal law? Uniformity Legal Sanction Actus Reus Politicality Specificity

Specificity

You read Maurice Chammah's article about a program to reduce the negative effects of solitary confinement and the number of inmates in Alger Correctional Facility in Michigan. What are programs called that devise a system of stages that inmates can pass through on their way from solitary to a lower-security status? Step-down programs Step-up programs Step-aside programs Reconciliation programs Basketball programs

Step-down programs

A nolle prosequi is: The decision of the prosecutor to dismiss charges The process of determining probable cause The questioning of a jury in a criminal case The power of the prosecutor to bring charges Another name for prosecutorial discretion

The decision of the prosecutor to dismiss charges

According to lecture, the term parens patriae means: That parental rights cease when a juvenile commits a crime. That juveniles enjoy due process rights in juvenile court. The government, or any other authority, is regarded as the legal protector of citizens (including juveniles) unable to protect themselves. That in a parenting dispute the father always has the final say. That parents must undergo social training in situations of child neglect.

The government, or any other authority, is regarded as the legal protector of citizens (including juveniles) unable to protect themselves.

In her presentation, Kiara Hibler mentioned that a jury would need to be "death qualified." What does it mean for a jury to be "death-qualified"? The jurors are qualified because they have some background with the death penalty. The jurors all are against the death penalty. The jury must be composed of jurors who are not strictly and out of principle opposed to capital punishment. The jurors all encourage the use of the death penalty. A jury is only then "death qualified" when every single juror affirms that they would be willing to administer the death penalty (by, for instance, initiating the process of administering the poison).

The jury must be composed of jurors who are not strictly and out of principle opposed to capital punishment.

What is the "prosecutor's dilemma"? The need to simultaneously prosecute defendants vigorously while preserving their constitutional rights. The need for a prosecutor to bring charges based on imperfect information. The pressure brought by the public to seek the maximum penalties for minor offenses. The pressure to appease both judges and defense attorneys. To take better paid jobs in private practice or to serve justice for the state.

The need to simultaneously prosecute defendants vigorously while preserving their constitutional rights.

Which of the following is true concerning challenges for cause? Each side has a limited number of this challenge. Challenges for cause must be raised immediately after the conclusion of voir dire. This challenge can only be raised when legal causation is an issue in the case. The number of such challenges is unlimited. It is the removal of a prospective juror by showing that they have bias or some other legal disability.

The number of such challenges is unlimited. It is the removal of a prospective juror by showing that they have bias or some other legal disability.

As discussed in lecture, which of the following statements would best describe a "reasonable expectation of privacy": -The doctrine of legal guilt -The objective standard developed by courts for determining whether a government intrusion into a person or property violates the Fourth Amendment because the intrusion interferes with society's understanding of what constitutes "privacy." -The subjective standard developed by courts for determining whether a person's belief that his or her individual interests should be protected from a search is reasonable. -The subjective standard that describes situations in which police officers use their authority to deprive people of their liberty or property a according to the Fifth Amendment. -The idea that private law is the law of a free society

The objective standard developed by courts for determining whether a government intrusion into a person or property violates the Fourth Amendment because the intrusion interferes with society's understanding of what constitutes "privacy."

What rationale did the United States Supreme Court use in the early 1970s to ban the death penalty (the decision was Furman v. Georgia)? The rationale was substantive: the Court found the death penalty violates the Sixth Amendment because most literature shows capital punishment has no deterrent effect. The death penalty violates Human Rights The rationale was substantive: the Court found the death penalty violates the Eighth Amendment's provision against cruel and unusual punishment because the death penalty statutes the Court reviewed permitted executions of persons clinically diagnosed as mentally retarded. The rationale was procedural: the Court found the death penalty violates the Eighth Amendment's provision against cruel and unusual punishment because the means by which a jury or judge chose capital punishment were arbitrary and unfair. The rational was procedural: the Court found that no procedures for administering capital punishment could ever satisfy the Eighth Amendment's provision against cruel and unusual punishment.

The rationale was procedural: the Court found the death penalty violates the Eighth Amendment's provision against cruel and unusual punishment because the means by which a jury or judge chose capital punishment were arbitrary and unfair.

In her presentation, Kiara Hibler noted who pays her for her services when she works on state death penalty cases. Who pays for the defendant's experts and attorneys? The DA's office. The defendant The state The federal government The county

The state

A prosecutor can charge a defendant with a higher offense if the defendant goes to trial and does not accept a plea deal. True False

True

Why is the prosecutor considered more independent than most other public officials? There is typically no higher authority to second-guess or challenge the charging decisions a prosecutor makes. Prosecutors are rarely elected and therefore face no democratic checks on their behavior. Prosecutors can overrule the sentencing decisions of judges. Prosecutors are typically appointed to lifetime terms in order to preserve their independence. Prosecutors have the highest salaries of all officials in the criminal justice system.

There is typically no higher authority to second-guess or challenge the charging decisions a prosecutor makes.

Which of the following is a benefit of drug courts according to, "Adult Drug Courts: A Hope Realized?" They serve as an add-on to incarceration, so they are an effective form of retribution. Drug courts operate under the philosophy that they are trying to punish, and given the team approach used in drug courts this goal is easily achieved. They serve as a solution to the tension inherent to drug-related cases: the offender committed a crime and needs to be punished, but the offender also has a drug addiction so requires treatment. Though drug courts are not shown to reduce recidivism, they are effective in setting the rehabilitation process into motion. Since drug offenses are on the rise, drug courts are becoming overused and abused so there are few benefits.

They serve as a solution to the tension inherent to drug-related cases: the offender committed a crime and needs to be punished, but the offender also has a drug addiction so requires treatment.

According to David Eagleman, human behavior cannot be separated from human biology. True False

True

According to lecture, jurisdiction is the official power to make legal decisions and judgments. True False

True

According to the Michigan Juror Comprehension Project, the minority of jurors in that study understood that prosecution has burden of proof. True False

True

Federal law enforcement agencies are part of the executive branch of the national government. True False

True

Inevitable discovery is an exception to the exclusionary rule. True False

True

The Supreme Court held that plea bargaining is an essential and highly desirable part of the criminal process. True False

True

The presumption of guilt is NOT the opposite of the presumption of innocence. True False

True

The principle of proportionality as discussed in lecture reduces a police officer's discretion. True False

True

The rehabilitation model of incarceration emphasizes treatment programs to help prisoners address the personal problems and issues that led them to commit crimes. True False

True

Warrantless searches of probationers are constitutional, and police searches of probationers are valid without a warrant or probable cause (only requiring reasonable suspicion) even without a probationary purpose. True False

True

If an officer wants to enter a home, there are three ways for them to gain lawful presence: -Warrant, Plain View, Consent -Warrant, Consent, Exigent Circumstances -Warrant, Search Incident to an Arrest, Plain View -Consent, Warrant, Plain View -Hot Pursuit, Consent, Warrant

Warrant, consent, exigent circumstances

What is the "going rate" as defined by court communities? What the proper sentence is given the circumstances What a defense attorney should charge What a prosecutor should receive in campaign contributions When judges should participate in plea negotiations The number of social service hours before an offender is let go

What the proper sentence is given the circumstances

According to lecture, the highest overall probability of an arrest exists when a crime is reported: Seconds after the crime While the crime is still in progress Two minutes after the crime is committed Two weeks or later after the crime is committed Two days after the crime is committed

When the crime is still in progress

Cop George Gullib executes a search warrant in a home, where he finds drugs. It turns out that the warrant has long expired but that the computer system, which sent the warrant to Gullib's screen did not update the information. Gullib did not know about the expiration. Can the drugs be used in court? Yes, because of the inevitable discovery exception. All drugs are eventually found. Yes, because of the hypothetical clean path doctrine No, there was no legitimate warrant, hence no legitimate search. No, otherwise people would just have to manipulate the computer system and then let the Cop argue he didn't know about the mistake. Yes, because of the good faith exception.

Yes, because of the good faith exception.

In lecture, we addressed the case in which Taylor Swift was seeking $1 in nominal damages. Nominal damages are ... a trivial amount of money usually awarded to artist to use as a prop in music videos. a trivial sum of money awarded to a plaintiff whose legal right has been technically violated. a trivial sum of money awarded to someone whose name has been violated. a trivial amount of money given as a symbolic apology. a small sum of money to help cover legal fees.

a trivial sum of money awarded to a plaintiff whose legal right has been technically violated

Strict liability offenses are types of offenses that... only pertain to status offenses do not require a criminal act. are civil in nature. do not require proof of a certain mental state (guilty mind, intent, knowing, etc.) do not require proof of causation between act and harm.

do not require proof of a certain mental state (guilty mind, intent, knowing, etc.)

Which of the following is characteristic of Packer's due process model? a focus on efficiency assembly-line justice the doctrine of legal guilt a preference for plea bargaining none of the above

doctrine of legal guilt

Which Supreme Court decision held that proof must be established "beyond a reasonable doubt" before a juvenile may be classified as a delinquent? Whren v. United States McKeiver v. Pennsylvania Roper v. Simmons In re Winship In re Hault

in re winship

According to the text, jurors are selected from among citizens whose names have been placed... in the jury transcript in the dossier in the jury pool on the jury bar on the jury roster

in the jury pool

According to Jones v. Mississippi, a juvenile can be sentences to life in prison without parole if: the sentencing court considered youth as a potentially mitigating factor. the sentecing court was following mandatory sentencing laws. the juvenile was waived to adult court. the state that has jurisdiction over this case has enacted a law that makes life without parole a mandatory sentence. the sentencing court made a separate factual finding of permanent incorrigibility before sentencing the juvenile.

the sentencing court considered youth as a potentially mitigating factor.

According to lecture, in Gregg v. Georgia (1976) the US Supreme Court ruled that the death penalty laws are constitutional if: there are opportunities for an appeal. As a result, state appellate courts review trial court procedures in virtually every capital case. they require the judge and jury to consider certain statutorily defined aggravating factors in deciding who should be sentenced to death. The person was 18 or older at the time of the crime. the laws require states to use bifurcated proceedings first to determine whether a defendant is guilty or not guilty and second to conduct a separate hearing to determine the sentence. The drugs used for an execution have not expired.

there are opportunities for an appeal. As a result, state appellate courts review trial court procedures in virtually every capital case. they require the judge and jury to consider certain statutorily defined aggravating factors in deciding who should be sentenced to death. the laws require states to use bifurcated proceedings first to determine whether a defendant is guilty or not guilty and second to conduct a separate hearing to determine the sentence.

According to lecture, insult is a misdemeanor crime in Germany but not in the United States. We used this as an example: to explain that Germany has a more punitive criminal justice system. the difference between felonies and misdemeanors. to explain that substantive criminal law has cultural foundations to explain that Germany lacks the freedom of speech. the need to criminalize.

to explain that substantive criminal law has cultural foundations

You have read E. Bittner's The Functions of Police in Modern Society. In his article, Bittner uses a "screwdriver" as a metaphor: to claim that throwing people into jail for periods of time ranging anywhere from a few hours to a few days, without any intention of prosecuting them, is probably the oldest police routine in existence. to say the legal paradox that the policeman who is in terms of the official hierarchy of power on the lowest rung actually determines the outer perimiter of law enforcement. to express that lawmakers create laws with a specific purpose in mind when in reality these laws are applied as pretext. to express that it is a violation of most state health codes to use tools to spread mayonnaise on bread. to argue that police poke metaphorical holes into the walls of justice.

to express that lawmakers create laws with a specific purpose in mind when in reality these laws are applied as pretext.