Legal Studies 131 Quiz and Past Exam Questions
According to the text, legislatures and sentencing commissions construct sentencing guidelines as a grid of which two scores?
- Seriousness of the offense - Likelihood of recidivism
The only people who can commit a status offense are people under the age of
21
Which of the following is true about civil/private law?
A showing of state of mind is usually not required. It governs the relationships between individuals in a society.
The law regulating relationships between or among individuals, usually involving property, contracts, or business disputes is called:
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 Pro Se counsel WRONG answers Assigned counsel Contract counsel Public defender programs
The requirement that mens rea and actus reus have to be present at the same time is called:
Concurrence
What are the three sources of law discussed in lecture?
Constitutional, statutory, case
Which philosophical concept of justice determines justice/the right governing rules of society from the "original position," or from behind a "veil of ignorance," not knowing whether we would end up among the advantaged or disadvantaged?
Contractual
According to the text and lecture, the defense that focuses on the actor and whether they possess the knowledge or intent needed for a criminal conviction is called:
Excuse
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.
False
Crimes that usually carry a penalty of death or of incarceration for more than one year are called:
Felonies
Entrapment is a defense that can be used to show:
Lack of mens rea
Which of the following are instances where Miranda warnings need to be given?
Lauren is handcuffed and standing outside of a squad car, and officers are about to start questioning.
Does the state need the victim to press charges?
No
According to the text, what is the standard used by a jury to decide if the prosecution has presented enough evidence for conviction?
Reasonable doubt
In his high-school debate club, Peter argues, "Constitutional rights are not mere technicalities; criminal justice authorities should be held accountable to rules, procedures, and guidelines to ensure fairness and consistency in the justice process." Peter is a proponent of:
The due process model
Which statement illustrates the Due Process Model of criminal justice?
The rights of individuals are important enough that some guilty will go free.
Which of the following statements about the death penalty is/are NOT true according to lecture?
There are relatively more whites on death row than blacks. ARE TRUE: - The number of people being sentenced to death has been declining since the year 2000. - Murder rates in states with the death penalty are higher than in states without the death penalty. - The average time between a death sentence and an execution is longer than ten (10) years. - Overall, and accounting for all costs, the death penalty is more expensive than life in prison.
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.
Procedural criminal law addresses the rules that govern how officials execute and oversee criminal law.
True
Professor Grunewald used oleomargarine regulations as an example of actions that should be decriminalized.
True
As discussed in lecture, which of the following statements would best describe a "reasonable expectation of privacy":
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 question of law at the center of the Michelle Carter verdict is that
Typical definitions of manslaughter do not cover words, only actions.
The process of determining whether the defendant is guilty is called:
adjudication
What do we call the written statement of fact, supported by oath or affirmation, submitted to judicial officers to fulfill the requirement of probable cause for obtaining a warrant?
affidavit
Which philosophical concept of justice determines justice/the right governing rules of society from the "original position," or from behind a "veil of ignorance," not knowing whether we would end up among the advantaged or disadvantaged?
contractual
____________ law is a form of public law designed to prevent or enforce certain types of behavior and punish offenders.
criminal
TRUE OR FALSE: A prosecutor's discretionary charging decision is an example of the principle of legality.
false
TRUE OR FALSE: According to lecture, increasing patrol in an area will reduce the amount of crime committed there.
false
TRUE OR FALSE: According to lecture, the Justices in Miranda v. Arizona acknowledged that the Miranda Warnings are an exception to the doctrine that ignorance of the law is no excuse.
false
TRUE OR FALSE: Had O.J. Simpson been found guilty in his criminal trial he could not have been sued in civil court
false
TRUE OR FALSE: The 6th Amendment states you have the right to a jury of your peers
false
TRUE OR FALSE: According to the textbook, self-defense is used in cases when people break the law in order to save themselves or prevent some greater harm to any legally protected good.
false this is necessity
TRUE OR FALSE: Excuse defenses focus on whether the individual's action was socially acceptable under the circumstances despite causing harm that the criminal law would otherwise prohibit.
false this is justification
According to the text, since the 1980s the crime rate in the United States
has declined
In his Lecture, Prof. Grunewald used the state of his desk as an example for
he literal understanding of Broken Windows
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? Correct!
necessity
Can children under 7 have mens rea?
no
Is an abili an affirmative defense?
no
The Definitions of crimes (the acts that are considered punishable) are spelled out in what is called:
substantive criminal law
The definitions of crimes (the acts that are considered punishable) are part of what is called:
substantive criminal law
The definitions of crimes (the acts that are considered punishable) are spelled out in what is called:
substantive criminal law
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:
sworn officers
A proponent of the Crime Control Model of criminal justice is most likely to argue:
that the system should present few occasions for a defendant to challenge the process because police and prosecutors screen out the innocent during the investigative stages. Therefore only those who are probably guilty are apprehended and convicted.
A proponent of the Crime Control Model of criminal justice is most likely to argue
that the system should present few occasions for a defendant to challenge the process because police and prosecutors screen out the innocent during the investigative stages. Therefore, only those who are probably guilty are processed and convicted.
According to the Text, the amount of crime that occurs but is never reported to authorities is called:
the dark figure (of crime)
In his Lecture, Prof. Grunewald used the state of his desk as an example for:
the literal understanding of Broken Windows
Which of the following is/are not a characteristic of criminal law?
Causation
Wisconsin police forces have overlapping jurisdiction.
True
A peremptory challenge is:
The removal of a prospective juror without giving any reason.
what is the official power to make legal decisions and judgments
jurisdiction
The term voir dire translates into:
"To speak the truth"
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 - Pro Se counsel
According to lecture, which of the following statements about the purposes/theories of punishment is/are true?
- Deterrence falls into the category of preventive purposes of punishment. - Retribution falls into the category of absolute theories of punishmnent and has no preventive effect. NOT TRUE: - The affirmation of values is rooted in absolute theories of punishment. - Incapacitation falls into the category of absolute theories of punishment. - Atonement is comparable to rehabilitation.
Which of the following are circumstances under which a warrantless search is considered legitimate? Pick all that are correct.
- Exigent circumstances, where an imminent risk of harm makes obtaining a warrant impossible. - A search incident to a lawful arrest. - A "plain view" search conducted incident to a lawful entry of the premises. - A search conducted with the consent of a person who occupies the premises.
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 you can get access to the phone by forcing Gus's finger on the fingerprint 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.
Cop Nosy Noseberger is 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?
- 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.
When prosecutors are asked about their roles in the criminal justice process, which of the following is not mentioned?
- Trial counsel for the defense - Trial counsel for the victim
Which of the following statements about the inquisitorial system is/are NOT correct?
- Truth is determined through a competition between the adversaries in trial. - There are no lay fact finders (like juries/jurors) that participate in the decision making process in court.
In lecture we discussed Whren v. United States. Which of the following statements about or conclusions from this case can be made?
- [A] The subjective--and potentially racist--intentions of an officer do not render an otherwise legitimate stop of a vehicle unreasonable. - [C] Had the traffic-violation arrest been mere pretext for the drug search, the arrest would still be valid.
In civil law systems/inquisitorial systems ...
- a "plea" as the basis for plea bargaining does not exist. - a defendant's confession is considered as a piece of evidence but not an admission of guilt. - the general notion of plea bargaining is not considered being in line with the principle of legality and inquisitorial idea.
According to lecture, in Gregg v. Georgia (1976) the US Supreme Court ruled that the death penalty laws are constitutional if:
- 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. - they require the judge and jury to consider certain statutorily defined aggravating factors in deciding who should be sentenced to death. - there are opportunities for an appeal. As a result, state appellate courts review trial court procedures in virtually every capital case. DID NOT INCLUDE: - The drugs used for an execution have not expired. - The person was 18 or older at the time of the crime.
Which of the following are aspects/values/principles that the Crime Control Model and due process model share/have in common/agree on?
-Both models agree that there are ultimate limits to the powers of government to investigate and apprehend persons suspected of committing crimes. -Conduct that has been denominated as criminal must be treated as such by the participants in the criminal process acting within their respective competences. That means that police or prosecutors have no general dispensing power. -Both agree that a person can only be a criminal if the act he or she committed was defined as a crime prior to the act. -Both models share the idea that the alleged criminal is not merely an object to be acted upon but an independent entity in the process who can force the operators of the process to demonstrate to an independent authority (judge and jury) that he or she is guilty of the charges against him.
After work, Franz goes grocery shopping. He takes a basket, which is soon filled with groceries. The last item, a greeting card, he puts in his briefcase so it does not get bent in the overfull basket. At the register, where he starts flirting with the cashier, he forgets about the card and leaves without paying for it. At home he finds the card and thinks, "Nice surprise! Had I thought of it I would not have taken it out of my briefcase. I'll keep it, that store is expensive enough!" The next time he goes shopping a security guard, who has watched everything, calls the police. Franz is charged with theft. You are his attorney, and in court you will argue:
-Franz was lacking mens rea -Concurrence as an element of the crime was missing
In "Doing the Right Thing," a chapter you read from Justice, What's the Right Thing to Do? the author Michael Sandel presented actual and fictitious cases ( "The Runaway Trolley" and "The Afghan Goatherds"). In class, we discussed these cases to show that
-Judges confronted with those cases cannot say, "non liquet" -Aspects of "utility" have to be balanced with "values"
Which of the following is/are not a characteristic of criminal law?
-Mens rea -Causation
Which of the following rights has/have NOT been incorporated?
-The right to indictment by a grand jury -The right to a jury selected from residents of the state and district where the crime occurred
Which of the following is true about civil/private law?
-showing of state of mind is usually not required -governs the relationships between individuals in society
According to the text, about ____ percent of criminal cases are tried in court.
5
How many individual cases are understood as part of Gregg v. Georgia?
5
What percentage of criminal cases is tried in court?
5%-10%
According to the Text, the criminal justice system is made up of many persons doing specific jobs. A key concept here is "exchange" or "exchange relationships." What is "exchange"?
A mutual transfer of resources among individual actors: a balance of benefits and deficits that flow from behavior based on decisions about the values and costs of alternatives.
The element of actus reus ("voluntary human conduct") requires that a criminal act must include conduct that is in violation of the law. Which of the following is NOT an example of actus reus?
A person is addicted to drugs
A private/civil law conflict (for example, a dispute over a contract) is resolved through:
A trial or settlement
The process of determining whether the defendant is guilty is called:
Adjudication
What do we call the written statement of fact, supported by oath or affirmation, submitted to judicial officers to fulfill the requirement of probable cause for obtaining a warrant?
Affidavit
The crime control model metaphorically operates like:
An assembly line because cases are carried to workers in the criminal justice system who stand at a fixed station and perform on each case as it comes down the line.
Courts that do not try criminal cases, but review (upon request) decisions from lower courts are called:
Appellate Courts
Why is it inaccurate to say defense attorneys represent criminals?
Because defense attorneys represent those accused of crimes and presumed innocent, not just those convicted
Why do experts often consider a public defender system better than an assigned counsel system?
Because public defenders are specialists in criminal law
In a criminal case, the standard of proof for a guilty verdict is:
Beyond a reasonable doubt
Which of the following are aspects/values/principles that the Crime Control Model and due process model share/have in common/agree on?
Both agree that a person can only be a criminal if the act he or she committed was defined as a crime prior to the act. Both models agree that there are ultimate limits to the powers of government to investigate and apprehend persons suspected of committing crimes. Both models share the idea that the alleged criminal is not merely an object to be acted upon but an independent entity in the process who can force the operators of the process to demonstrate to an independent authority (judge and jury) that he or she is guilty of the charges against him. Conduct that has been denominated as criminal must be treated as such by the participants in the criminal process acting within their respective competences. That means that police or prosecutors have no general dispensing power.
____________ law is a form of public law designed to prevent or enforce certain types of behavior and punish offenders.
Criminal
According to the text, Juries perform vital functions in the criminal justice system. Which of the following is NOT one of them?
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?
Deviance
The proactive form of patrolling that directs resources to known high-crime areas is called:
Directed patrol
In a strict liability crime, the prosecutor
Does not need to prove the mental state of the offender
Which of the following are circumstances under which a warrantless search is considered legitimate? Pick all that are correct.
Exigent circumstances, where an imminent risk of harm makes obtaining a warrant impossible. A search incident to a lawful arrest. A "plain view" search conducted incident to a lawful entry of the premises. A search conducted with the consent of a person who occupies the premises.
TRUE OR FALSE: In the United States, a prosecutor must disclose the entire case file including all evidence to a criminal defendant before trial.
FALSE
In the sentencing phase of a death penalty case, the jury considers "mitigating circumstances." What are "mitigating circumstances"?
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 discretionary charging decision is an example of the principle of legality.
False
A quasi-criminal, violation of a rule or local ordinance is called a misdemeanor.
False
According to lecture, Immanuel Kant's idea of justice allows for the killing of one person in order to save two or more.
False
According to lecture, increasing patrol in an area will reduce the amount of crime committed there.
False
According to lecture, the Justices in Miranda v. Arizona acknowledged that the Miranda Warnings are an exception to the doctrine that ignorance of the law is no excuse.
False
According to the textbook, self-defense is used in cases when people break the law in order to save themselves or prevent some greater harm to any legally protected good.
False
Excuse defenses focus on whether the individual's action was socially acceptable under the circumstances despite causing harm that the criminal law would otherwise prohibit.
False
Had O.J. Simpson been found guilty in his criminal trial he could not have been sued in civil court.
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?
False
In the United States, a prosecutor must disclose the entire case file including all evidence to a criminal defendant before trial.
False
It is considered cruel and unusual punishment to execute a death row inmate who was forced to take antipsychotic drugs because of a mental illness he developed while being on death row.
False
It is more likely that a young woman is sexually assaulted by a stranger than by an acquaintance.
False
Mens rea is one of the elements of crime. Its absence always guarantees a verdict of not guilty.
False
The 6th Amendment states you have the right to a jury of your peers
False
The state has charged "Cole Flesh" with first-degree, intentional homicide. When Cole and his friends flew home on a private jet from a ski trip, the plane crashed into a mountainside. Cole and a second passenger survived, but a third passenger was in bad shape. After waiting for many days for help in the cold, Cole suffocated the third passenger and then cannibalized her. According to lecture, Cole will most likely be able to argue successfully that he prevented some greater harm by sacrificing the third passenger.
False
After work, Franz goes grocery shopping. He takes a basket, which is soon filled with groceries. The last item, a greeting card, he puts in his briefcase so it does not get bent in the overfull basket. At the register, where he starts flirting with the cashier, he forgets about the card and leaves without paying for it. At home he finds the card and thinks, "Nice surprise! Had I thought of it I would not have taken it out of my briefcase. I'll keep it, that store is expensive enough!" The next time he goes shopping a security guard, who has watched everything, calls the police. Franz is charged with theft. You are his attorney, and in court you will argue:
Franz had no mens rea and concurrence as an element of the crime was missing
Hans is accused of having killed a barkeeper. He was arrested two weeks after the crime because a witness saw a sketch of the killer in the paper and, as she told the police, "immediately recognized Hans". Hans, in fact, didn't do it since he was on vacation in Florida. The jury convicted him anyway because the jurors believed the witness, who claimed to have very sharp eyes and a very good memory. Which of the following statements about this case is/are true?
Hans is factually innocent but legally guilty
Every state except __________ has a full service police agency
Hawai'i
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 you can get access to the phone by forcing Gus's finger on the fingerprint 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.
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?
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 respond to requests; in proactive policing, police initiate actions without requests.
"People are notoriously poor observers (...) power is always subject to abuse (...) and confessions may be induced", are all:
Justifications/Claims for the Due Process Mode
Cop Nosy Noseberger is 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?
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.
What do we call the type of policing in which calls for service are the primary instigators of police action?
Incident-driven policing
The violation of a rule or local ordinance that only has a quasi-criminal character and usually does not result in jail time is called:
Infraction/citation
Herbert Packer contrasts two paradigmatic models that explain tensions in the criminal justice system. In lecture, we talked about the purpose of scientific models in general. Any scientific model (not only Packer's):
Is generally constructed for an object or process when it is at least partially understood, but difficult to observe directly.
Which of the following is true concerning challenge for cause?
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. NOT It occurs immediately after voir dire. Each side only has a limited number of this challenge. This challenge can only be raised when legal causation is an issue in the case.
According to the text, which of the following is not a step in the trial process?
Judge's instructions to attorneys
Mary is married to Tom, who has been violent toward Mary for some time. Mary wants to kill Tom, and one morning puts a lethal dose of poison into his tea. Mary then leaves the house. Cathy, Mary's sister, who has a key to Mary's house and has been having an affair with Tom, comes in and sees Tom lying helplessly on the floor. He is still alive. She knows about Tom's abuse and sees a chance to get rid of Tom and her guilt at the same time. She takes a frying pan and hits it over his head, which immediately causes Tom's death. Which of the following statement about this case is correct?
Mary caused Tom's death factually but not legally
Hans waits for the clerk at the pharmacy to take a brief break and then enters a backroom, where Hans takes a bottle of pills and leaves. Hans takes the pills because he is poor and wants to help his mother, who is very sick.
Motive
Peter 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. There was no imminent threat from another person at that time. Peter 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?
Necessity
Peter has an unforeseeable seizure while driving his car. He hits a young man who later dies because of the accident. A prosecutor wants to charge Peter with a homicide. What do you suggest to the prosecutor?
Not a good idea, because there is no actus reus. Peter's conduct was not voluntary.
Criminal offenses committed through opportunities created in a legal business are defined as:
Occupational crimes
Your Text discusses various "Types of Crime". According to the Text, "crimes without victims" are:
Offenses involving a willing and private exchange of illegal goods or services that are in demand. Participants do not feel they are being harmed, but these crimes are prosecuted on the ground that society as a whole is being injured.
Your Text discusses various "Types of Crime." According to the Text, "crimes without victims" are:
Offenses involving a willing and private exchange of illegal goods or services that are in strong demand. Participants do not feel they are being harmed, but these crimes are prosecuted on the ground that society as a whole is being injured.
According to the article, "Exclusion of Blacks from Juries Raises Renewed Scrutiny," if racially-biased lawyers are accused of racial discrimination in their selections of jurors, what can they do to defend themselves and hide their bias?
Offer a neutral justification, such as, "That juror was hostile, disrespectful, nervous, and/or confused"
Which of the following statements about Search Incident to an Arrest is/are NOT true?
Only requires reasonable suspicion. Applies to the passenger compartment of a vehicle if it is reasonable to believe that the arrestee might access the vehicle. ones that are true -A search is limited to the person arrested and the area within their immediate control. -The purpose of this exception is to allow an officer to remove any weapons and to prevent the concealment or destruction of evidence. -Requires that the suspect is still able to destroy evidence or threaten an officer
How do actual crime statistics compare with Americans' beliefs about the levels of crime over the past two decades?
People believe crime rates are up, but statistics show that they have generally declined since the 1980s.
Which of the following is NOT one of the three sources of law we discussed in lecture?
People's sense of justice
Which of the following individuals is involved in the greatest number of different stages of the criminal process?
Prosecutor
In which of the following scenarios does Sally fulfill both criteria for actus reus, as discussed in lecture?
Sally was forced at gunpoint to steal an automobile.
To increase public safety, the Wisconsin Legislature amends the law on stalking and harassment. The law now reads: "Stalking will be punished as a Class D misdemeanor. Stalking in the understanding of this law is considered as maintaining a visual or physical proximity to the victim, appearing at the victim's workplace or contacting coworkers or employers of the victim, approaching the victim or ANY comparable act." Which of the following characteristics of criminal law is most likely NOT given in this statute?
Specificity
n her presentation, Amy Johnson mentioned the case of a 17-year old Black juvenile who was accused as a party to credit card fraud. She explained to the juvenile, her client, that there was a good chance he could be acquitted if he went to trial because an expert could testify that his age affected his judgment. The client, however, chose to plead guilty to a lesser (misdemeanor) charge. Amy Johnson used this case as an example for what?
That even under the best of legal circumstances, Black defendants (and their attorneys) must always consider the effects of racial discrimination of a predominantly white jury.
Which of the following is characteristic of Packer's due process model?
The doctrine of legal guilt
According to the Text and lecture, the two main justice systems in the United States are:
State and federal
The definitions of crimes (the acts that are considered punishable) are spelled out in what is called:
Substantive criminal law
In her presentation, Amy Johnson mentioned the case of a 17-year old Black juvenile who was accused as a party to credit card fraud. She explained to the juvenile, her client, that there was a good chance he could be acquitted if he went to trial because an expert could testify that his age affected his judgment. The client, however, chose to plead guilty to a lesser (misdemeanor) charge. Amy Johnson used this case as an example for what?
That even under the best of legal circumstances, Black defendants (and their attorneys) must always consider the effects of racial discrimination of a predominantly white jury.
Rudi Rifle faced two trials after the murder of his wife, Petra Peace. In the first trial, the state prosecuted him for murder, and the jury found Rudi not guilty. In the second trial, the Peace family sued Rudi for wrongful death, and the jury found Rudi liable. Why did these two trials not violate the prohibition against "double jeopardy"?
The criminal and civil court systems have different jurisdictions. Undergoing trials in each type of court therefore does not constitute double jeopardy.
In Lecture 4, Prof. Grunewald used insult and how differently it is regulated in Germany and the United States as an example to explain:
The cultural foundation of criminal law
According to the Text, the amount of crime that occurs but is never reported to authorities is called:
The dark figure (of crime)
A nolle prosequi is:
The decision of the prosecutor to dismiss charges
Peter plans to kill his wife Heidi. Both live in Wisconsin. One day in February, Peter lures Heidi to their garden shed where he attacks her with a baseball bat. Peter thinks he had killed her (but he hasn't). Peter leaves Heidi outside in the shed and goes to bed with the plan to dispose of her body in the morning. During the night temperatures fall below zero and Heidi dies from hypothermia. Which of the following statements about that case is/are true?
The main problem of the case is concurrence. Peter could be charged with either a combination of attempted and negligent homicide or with murder.
In the online lecture, Prof. Grunewald discussed the Wisconsin law that restricts the sale and distribution of margarine in stores, restaurants, and other institutions. This example was used to demonstrate:
The need for decriminalization
Cop Care Less executes am expired search warrant. He knows that it is not legitimate. While he is searching a home, he finds information on a notepad that leads to a place, where illegal drugs are stored. According to lecture:
The notepad is the poisonous tree, and the drugs are its fruits
"[O]nce a determination has been made that there is enough evidence of guilt to permit holding him for further action, then all subsequent activity directed toward him is based on the view that he is probably guilty." With this quote Packer describes what he calls:
The presumption of guilt
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 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.
Our guest speaker, Amy Johnson, said her work often resembles that of an emergency room doctor. In what specific aspect?
They both triage cases
Which of the following elements is NOT a degree of mens rea?
Thoughtless
A court order authorizing police officers to take certain actions, for example, to arrest a suspect or to search premises is called a warrant.
True
A proponent of the Due Process Model would argue: The government shouldn't hold a person guilty solely on the basis of the facts; a person should be found guilty only if the government follows legal procedures in its fact‐finding.
True
According to David Eagleman, human behavior cannot be separated from human biology.
True
According to lecture, jurisdiction is the official power to make legal decisions and judgments.
True
According to the text (and Williams v. Florida), juries of fewer than 12 members are constitutional.
True
Children under 7 do not have the capacity to develop mens rea.
True
David Eagleman argues that free will may end up being so small that we eventually think about bad decision-making in the same way we think about any physical process, such as diabetes or lung disease.
True
Federal law enforcement agencies are part of the executive branch of the national government.
True
In Furman v. Georgia, the supreme court banned the death penalty for procedural reasons
True
In his article about the crime control and the due process model, Herbert Packer uses the term "presumption of guilt." "Presumption of guilt" is a guess about the likelihood of a guilty conviction in a criminal trial based on the available facts.
True
In his article about the crime control and the due process model, Herbert Packer uses the term "presumption of guilt." "Presumption of guilt" is a working hypothesis (a prediction of outcome) about the likelihood of a guilty conviction in a criminal trial based on the available facts.
True
Inevitable discovery is an exception to the exclusionary rule.
True
The Supreme Court held that plea bargaining is an essential and highly desirable part of the criminal process.
True
The presumption of guilt is NOT the opposite of the presumption of innocence.
True
The principle of proportionality as discussed in lecture reduces a police officer's discretion.
True
Wisconsin has a public defender system.
True
The field of criminology that examines the role the victim plays in criminal incidents and also examines the impact of crimes on victims is called:
Victimology
In class, we discussed the wording of various street signs. One example we addressed was the sign that mandates that the speed limit for cars in a school zone is "20 mph when children are present". Which of the following statements is NOT true?
We used the wording of the sign as an example for the need to decriminalize speed limits.
In lecture, we discussed the wording of various street signs. One example we addressed was the sign that mandates that the speed limit for cars in a school zone is "20 mph when children are present". Which of the following statements is NOT true?
We used the wording of the sign as an example for the need to decriminalize speed limits.
What have studies shown is the situation in which prosecutions are most likely to succeed?
What have studies shown is the situation in which prosecutions are most likely to succeed?
What is the "going rate" as defined by court communities?
What the proper sentence is given the circumstances
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 good faith exception.
In civil law systems/inquisitorial systems ...
a "plea" as the basis for plea bargaining does not exist. a defendant's confession is considered as a piece of evidence but not an admission of guilt. the general notion of plea bargaining is not considered being in line with the principle of legality and inquisitorial idea. NOT courts decide on all cases though trials. case numbers are lower so the court system is not under the same pressure as the U.S. system.
In lecture we discussed Whren v. United States. Which of the following statements about or conclusions from this case can be made?
[A] The subjective--and potentially racist--intentions of an officer do not render an otherwise legitimate stop of a vehicle unreasonable. [C] Had the traffic-violation arrest been mere pretext for the drug search, the arrest would still be valid.
According to lecture, a criminal law is void for vagueness if:
[A] it does not give a fair warning to everybody [B] men (and women) of common intelligence must guess at its meaning
The following is from an actual case: Jimmy is tried for creating the massive flood of the Mississippi River at West Quincy, Missouri as part of the Great Flood of 1993. Jimmy and several other residents helped reinforce the West Quincy levee (an embankment that stops the flow of water). Despite these efforts the levee failed. Jimmy was an eye witness that night and said in a TV interview he'd seen a weak spot on the levee and moved a few sandbags to strengthen it. Police found that suspicious because the levee broke exactly where Jimmy said he had worked. During the trial, a soil scientist testified that "a last-minute decision by the city to bring in bulldozers to shore up the levee actually weakened its overall structural integrity. The levee failed because of that and not because of a few sandbags that were moved." The expert is addressing which element of the crime?
[C] Causation
Adjudication refers to:
[C] the process of determining whether a defendant is legally guilty
The element of actus reus requires that a criminal act must include conduct that is in violation of the law. Which of the following is NOT an example of actus reus?
[D] A person is addicted to drugs
Hans is accused of having killed a barkeeper. He was arrested two weeks after the crime because a witness saw a sketch of the killer in the paper and, as she told the police, immediately recognized Hans. Hans actually did commit the crime but the jury did not believe the witness, who was wearing glasses, and acquitted Hans. Which of the following statements about this case is/are true?
[a] Hans is factually guilty but legally innocent
Which of the following offenses fall into the category of "cyber crime"?
[a] distributing illegal pornography via the internet [b] sending spam in order to obtain bank account and credit card numbers [c] emailing viruses meant to corrupt computer systems [d] Hacking into a bank account to steal money
Definitions of crimes and people subject to punishment are spelled out in:
[b] substantive criminal law
The word "deviance" best describes:
[d] behavior that contradicts the norms of conduct or social expectations of a group because the group finds the behavior dangerous, embarrassing, or irritating.
In a criminal case, the standard of proof for a guilty verdict is:
beyond a reasonable doubt
As mentioned by Amy Johnson, what do we call the formal process of exchanging and requesting information between and from the parties about witnesses and evidence in general they plan to present at trial?
discovery
Strict liability offenses are types of offenses that...
do not require proof of a certain mental state (guilty mind, intent, knowing, etc.)
In a strict liability crime, the prosecutor
does not need to prove the mental state of the offender
According to the text, jurors are selected from among citizens whose names have been placed...
in the jury pool
The main argument David Eagleman makes is that
instead of debating the culpability, we should focus on what to do, moving forward, with an accused lawbreaker so he or she does not continue committing crimes.
According to Roper v. Simons, the execution of offenders that were younger than 18 at the time of the crime:
is unconstitutional (under all circumstances).
Which of the following individuals is involved in the greatest number of different stages of the criminal process?
prosector
You have read E. Bittner's The Functions of Police in Modern Society. In his article, Bittner uses a "screwdriver" as a metaphor
to express that lawmakers create laws with a specific purpose in mind when in reality these laws are applied as pretext.
You have read E. Bittner's The Functions of Police in Modern Society. In his article, Bittner uses a "screwdriver" as a metaphor:
to express that lawmakers create laws with a specific purpose in mind when in reality these laws are applied as pretext.
TRUE OR FALSE: According to lecture, jurisdiction is the official power to make legal decisions and judgments
true
TRUE OR FALSE: According to the Michigan Juror Comprehension Project, the minority of jurors in that study understood that prosecution has burden of proof.
true
TRUE OR FALSE: According to the text (and Williams v. Florida), juries of fewer than 12 members are constitutional.
true
TRUE OR FALSE: Federal law enforcement agencies are part of the executive branch of the national government.
true
TRUE OR FALSE: In his article about the crime control and the due process model, Herbert Packer uses the term "presumption of guilt." "Presumption of guilt" is a guess about the likelihood of a guilty conviction in a criminal trial based on the available facts
true
TRUE OR FALSE: The Supreme Court held that plea bargaining is an essential and highly desirable part of the criminal process.
true
TRUE OR FALSE: Wisconsin police forces have overlapping jurisdiction.
true
According to lecture, the highest overall probability of an arrest exists when a crime is reported:
while the crime is still happening