Criminal Justice Final Exam

intentional tort

False arrest and false imprisonment Assault and battery Excessive use of non-deadly force Excessive use of deadly force Wrongful death

Which defense, in Section 1983 cases, holds that the officer "acted in the honest belief that the action taken or the decision was appropriate under the circumstances?"

The good faith defense

If police are sued the Defendants are

Police Officer Police Supervisor City or County

One reason Katz v. United States (1967) is significant is that it makes the Fourth Amendment protection

Portable

A convicted offender is allowed to remain free in the community, subject to court-imposed conditions and under supervision is on

Probation

The juvenile justice system is based on the concept of parens patriae which means

State of the parent

Which of the following is NOT one of the five general categories of criminal sentences?

Torture

Attaching the device without a warrant constitutes

Trespass

The use of power possessed by virtue of law and made possible only because the officer is clothed with the authority of the state is known as

acting under color of law

Plaintiff must prove

That defendant was acting under color of law, AND There was a violation of a right given by the Constitution or by federal law

Title III of the Omnibus Crime Control and Safe Streets Act of 1968 provides that law enforcement officers nationwide can tap or intercept wire communications to intercept private conversations

if one of the parties has consented.

The perception is that terrorism is mainly viewed by legislatures and policy makers as a concern for

national law enforcement agencies

The two categories of types of force used by police officers are

deadly and nondeadly

Most state agencies, by law or official policy, provide representation to state law enforcement officers in civil actions. Such representation is usually undertaken by the

state attorney general

To obtain money damages from a police officer under Section 1983, the plaintiff must prove the officer was acting under color of law and that the officer

violated a constitutional right or one given by federal law.

The death penalty was declared unconstitutional in 197_ and constitutional in 197_.

1972 and 1976

Electronic surveillance is the use of electronic devices to monitor a person's

Activities and Location

The USA PATRIOT Act of 2001 gave the police extensive authority to do which of the following to suspected terrorists? -Seize -All of the answers are correct. -Eavesdrop -Search

All of the answers are correct

Which of the following have the courts held is an indication that an officer who is "moonlighting" is acting under the color of the law? -Wearing a police uniform while acting as a private security agent -Carrying a gun issued by the department -All the above -Informing department authorities of the second job

All the above

Title 42 of the U.S. Code, Section 1983 is commonly referred to as the

Civil rights law

Sentencing is the formal pronouncement of punishment in a criminal prosecution following a

Conviction

Criminal sentences are classified into five categories:

Death penalty Imprisonment Probation Intermediate sanctions Fines, forfeiture, and restitution

Jails are places of confinement usually reserved for which of the following?

Detainees

Different sentences given for similar crimes is known as sentencing

Disparity

Laws that are unfair can violate the constitutional right to the fundamental fairness of

Due process

The USA PATRIOT Act of 2001 had what effect on the authority of federal, state, and local law enforcement agents to search and seize persons and things?

Expanded it

In which of the following cases did the Court hold that due process requires that where a U.S. citizen is detained for allegedly fighting against the United States as an enemy combatant, that person should be given a meaningful opportunity to contest the factual basis for his detention before a neutral decision maker?

Hamdi v. Rumsfeld

In which of the following cases did the Court hold that any form of electronic surveillance, including wiretapping, that violates a reasonable expectation of privacy, constitutes a search under the Fourth Amendment. No physical trespass is required?

Katz v. United States

Negligence Torts

Liability for failing to protect a member of the public Liability for negligent use by a police of motor vehicles Liability of injury caused by a fleeing motorist-suspect Liability for failure to respond to a call Liability for failure to arrest drunk drivers

The release of a prisoner prior to the end of his/her prison term but subject to supervision is known as

Parole

Which of the following is NOT a type of intermediate sanction?

Parole

Defense

Qualified immunity Probable cause

The Court has held that using a technological device to explore details of a home that would have been unknowable without physical intrusion

Requires a search warrant

The Electronic Communications and Privacy Act (ECPA) of 1986

Safeguards private conversations from the government Bans internet providers from seeing contents of communication without consent

Prisoners in the United States used to be viewed as virtual

Slaves of the State

Sentencing goals and objectives generally fall into four categories. Which of the following is not one of those categories?

Vengeance

Who can be prosecuted under state and federal criminal laws for the same act, and the protection against double jeopardy does not apply.

a officer

What is a tort?

civil wrong in which the action of one person causes injury to the person or property of another person in violation of a duty imposed by law.

One of the legal issues regarding terrorism is determining who

is an enemy combatant.

The doctrine that holds that government functions are owed to the general public but not to specific individuals is the

public duty doctorine

In Scott v. Harris (2007), the Court held that police can use deadly force in connection with vehicle chases as long as suspect's behavior constitutes a danger to

the public

Color of law

the use of power possessed by virtue of law and made possible only because the officer is clothed with the authority of the state.