Justice and Public Policy Final
True/false: A status offense is a crime that is illegal due to the nature of the sexual-offense itself and not the age of the perpetrator.
False
True/false: It is the function of the courts to make new laws.
False
True/false: Local level executives—mayors—have virtually no impact on crime policy.
False
What is the Exclusionary Rule?
A tenant that states that evidence collected in violation of an individual's rights is not permissible in court
What does the "once waived, always waived" law state?
Once a juvenile is waived into the adult system, all of their crimes are tried as adult crimes
CHECK ALL THAT APPLY. Which of the following states passed ballot measures that made marijuana legal? a. California b. Colorado c. Oregon d. Texas
A. California B. Colorado C. Oregon
The due process model coincides with which philosophical view? a. Liberal b. Radical c. Moderate d. Conservative
A. Liberal
Which of the following is not one of the types of domestic violence arrest? a. Pro-arrest b. Discretionary arrest c. House arrest d. Mandatory arrest
C. House Arrest
Congress has control over bureaucracies by: a. writing legislation that determines what bureaucracies can and cannot do. b. reorganizing agencies. c. their appropriations powers. d. the ability to hire or fire personnel. e. all of the above.
E. all of the above
What does the phrase Parens Patrie mean, and how does it relate to a certain area of criminal justice policy?
Parens patriae: the state as parent It relates to juvenile justice primarily because it assumes that the state takes responsibility for juveniles and must look out for their well being, which guides the judicial practices of rehabilitation and such for juveniles
What does Megan's Law mandate?
Sex offender registries made available for the public
Explain one of the major factors that leads extremely higher incarceration rate in the US than other developed/non-developed countries?
The United States' attitude towards drugs/drug crimes: takes the stance of having the "war on drugs", meaning that it sentences people accused of drug offenses more often and to longer sentences, whereas other countries of similar crime trends sentence them to shorter periods in jail
Explain the "hot spot" concept.
The idea that there are certain small areas that make up a large portion of all crimes committed in a location, so targeting those areas will result in targeting the most amount of crime. Also involves the idea that location can impact crime
What is a "reverse waiver?"
The process by which juveniles in adult court are remanded back to juvenile court
Some argue that sexual registry actually increases the recidivism rate among sexual offenders. What are their arguments? How does sexual registry lead to an increase in recidivism?
The registry causes social isolation, rejection, and stigmatization and prevents a person from being able to form social bonds, which research has proven to prevent recidivism in offenders. Attachment, commitment, and involvement would all prevent recidivism, but these are denied due to the registry.
What is the process undertaken by the courts that allows them to affect the policymaking process?
...JUDICIAL REVIEW JESUS OMG
What is the most restrictive form of drug policy? a. De facto legislation b. Decriminalization c. Depenalization d. Criminalization
D. Criminalization
A writ of habeas corpus: a. asks the court to review an inmate's imprisonment. b. limits incarceration of juvenile offenders c. means that a defendant goes free. d. asks the court to review a case. e. is often filed by interest groups to force change.
A. asks the court to review an inmate's imprisonment
Sex offender laws can include which of the following? a. Mandatory reporting of suspected child abuse b. Civil commitment c. Notification of registered sex offenders d. All of the above
D. All of the above
When it comes to corrections, conservatives tend to support: a. less strict punishments. b. rehabilitation. c. furlough programs. d. the medical model. e. none of the above.
E. None of the above (because they're all ********)
What do the proponents of the mandatory arrest in intimate partner violence cases argue?
It deters future offenders, holds offenders accountable, defines IPV as an extremely serious crime, and protects their victims.
What factors or sentiments initiated the federalization of crime in the United States?
1) Growing awareness and understanding of the existence of organized crime and the panic it caused in america 2) dramatic increase of drug abuse - called on federal court to handle it 3) increased crime in the 60s 4) federal candidates began addressing crime as part of their campaigns etc
Give two examples on how sexual offenders and offenses differ from other violent offenses and offenders?
1) High risk of recidivism: sexual offenders are likely to continue perpetrating offenses whereas other offenses may not carry that risk 2) Much more difficult to find evidence and prove that you have a case; as a result, victims become part of the crime process
Where does the bureaucratic power stem from? Describe at least three factors.
1) Increasing number of agencies on a state level 2) increasing size of agencies 3) ambiguous and undefined terms in laws passed by congress
Explain three ways in which the juvenile justice system differs from the adult justice system in the United States?
1) different language is used in order to prevent stereotypes/prejudice 2) goal is to rehabilitate versus punish 3) juveniles lack some due process rights (ex: trial by jury)
Explain three factors that significantly contribute to federal prison population.
1) mandatory minimums 2) harsh penalties for drug crimes 3) three strikes
Discuss two assumptions that assume the sexual registry law would be effective in reducing recidivism?
1) people will be deterred by the idea of their names on the list and will be less likely to perpetrate crimes that will get them caught in the first place 2) Takes away from their pools of victims if people are aware of it and therefore more careful
What are the five stages of the public policy process? Briefly describe each stages and name one of the major actors for each stage.
1. Problem identification: problem must be identified and realized as a public, rather than private, concern. Actor: interest groups (to get things into the public eye) 2. Agenda setting: select which issues get priority and which are ignored. Actor: President (can push for a particular agenda) 3. Policy formulation: the process by which formal policies are suggested and created. Actor: Congress (focus on budget, decide what type of policy) 4. Policy implementation: carry out the mandate (policy) approved by congress. Actor: Agencies carrying out policies (have discretion when policy is vague) 5. Policy evaluation: actual impact/did it achieve it's intended results. Actor: researchers?
What are the various ways in which the President can impact crime control policy? List at least four ways.
1. Speak out on an issue 2. Veto legislature 3. Executive order 4. Influence congress
What are the three components of the Iron Triangle? How do these three actors play important role in policy making process.
1. executive bureaus: deal with issues on a daily basis, therefore have the best chance to create one that actually works 2. congressional committees: control and draft legislation 3. interest groups: influence due to time, money, and power; reflect interests of "general americans" who do not have that power
Describe three concerns related to federalization of crime.
1. increase in federal caseloads/may delay process 2. giving congress more power 3. taking authority away from the states/inhibiting their ability to fix problems
Name and briefly explain three constitutional amendments that regulate police practices to protect individuals' rights or freedom.
4th amendment- no unreasonable searches/seizures 5th amendment: due process rights 8th amendment: prohibit excessive fines + bail/cruel and unusual punishment
What is judicial review?
A process by which the judicial court of the US can review if a statute/treaty/law is in violation of law or state/federal constitution
What is "valence issue"? Is "crime control" a valence issue in the political arena? How did this affect presidential campaigns and overall crime policies in the US?
A valence issue is an issue in which the overwhelming majority feels the same way about it and there is practically no opposition. Crime control is a valence issue, among other types of issues. The only people who are "pro crime" are criminals, therefore it is easy for campaigns to speak out against it to garner support.
The medical model in correction: a. assumes a problem in the offender can be fixed. b. supports giving medicines to inmates. c. allows states to perform medical experiments on inmates. d. has a high success rate. e. is a way to view the policy process.
A. Assumes a problem in the offender that can be fixed
Most inmates in federal prisons committed: a. drug offenses. b. property offenses. c. violent offenses. d. public order offenses. e. white collar crimes.
A. Drug offenses
Which type of policy is the most difficult for the government to deal with because it often entails issues that are two-sided? a. Morality b. Regulatory c. Redistributive d. Distributive e. none of the above
A. Morality
Which criminal justice goal suggests that crime is a disruption of the community's peace and aims to restore the community to its state before the crime was committed? a. restorative justice b. rehabilitation c. pragmatism d. teaching morality e. none of the above
A. Restorative Justice
Adjudication in the juvenile system is similar to what stage in the adult system? a. Trial b. Preliminary hearing c. Bringing charges d. Initial hearing e. Pre-trial motions
A. Trial
An issue that is virtually one-sided with no opposition is known as a: a. valence issue. b. galvanizing issue. c. substantive issue. d. divisive issue. e. symbolic issue.
A. Valence Issue
In order for a policy to move through the public policy process in the policy stream model: a. all three streams must converge to create a window of opportunity. b. all three streams must "dry up." c. all three streams need to closely travel together but never converge completely. d. only the problem and political streams need to converge. e. none of the above.
A. all streams (policy, problem, and political) must converge to create a window of opportunity
Bureaucratic discretion refers to the power agencies have to: a. decide key elements of new laws. b. testify in Congress. c. decide how to allocate money. d. work with states. e. none of the above.
A. decide key elements of new laws
The three key players in the iron triangles are: a. executive bureaus, congressional committees, and interest groups. b. the executive, legislative, and judicial branches. c. the President, the U.S. Attorney General, and the U.S. Supreme Court d. mayors, governors, and the President. e. the police, courts, and corrections.
A. executive bureaus, congressional committees, and interest groups
Judges who emphasize due process rights, tend to favor the defense, and have more of an "underdog" orientation: a. have a liberal political perspective. b. less likely to be elected to office. c. tend to stay in office for longer periods. d. not likely to be nominated to the Supreme Court. e. usually female.
A. have a liberal political perspective
The Three Strikes law: a. is the same as the habitual offender law. b. has been declared unconstitutional by the Supreme Court. c. applies to criminal defendants only in California. d. is consistent from one state to the next. e. all of the above.
A. is the same as the habitual offender law
In Thompson v. Oklahoma (1988), the Supreme Court: a. prohibited the execution of people under sixteen. b. declared that it was constitutional to execute juveniles of any age. c. declared that only juveniles convicted of serious violent offenses could be executed. d. declared that juveniles should be rehabilitated instead of executed. e. none of the above.
A. prohibited the execution of people under 16
Symbolic policies: a. provide no tangible rewards or results. b. are created by hyperpluralism. c. are supported by liberal members of Congress. d. come from agencies rather than Congress. e. none of the above.
A. provide no tangible rewards or results
A liberal approach to crime control includes: a. rehabilitation. b. increased punishment. c. large police forces. d. swift convictions. e. retribution.
A. rehabilitation
Under the crime control model, the most important function of the criminal justice system is to: a. repress criminal conduct. b. ensure that an individual's rights are not violated. c. reintegrate newly released convicts back into society. d. convict as many criminal defendants as possible. e. none of the above.
A. repress criminal conduct
Although there are many definitions, in sum, public policy can best be described as: a. the process by which problems are addressed by government activities to create a solution that will impact the problem. b. what the executive branch does. c. the relationship between the federal, state, and local governments. d. written rules and regulations that govern the behavior of law enforcement officers. e. none of the above.
A. the process by which problems are addressed by government activities to create a solution that will impact a problem
The 1974 research study in Kansas City, Missouri, on the effectiveness of policing styles concluded that: a. variations in the level of patrol had no effect on crime and citizen's attitudes. b. police beats with more police officers experienced higher levels of crime and fear of crime. c. police beats with fewer police officers experienced lower levels of crime and fear of crime. d. policing is a futile occupation and any attempt to control crime should be abandoned. e. none of the above.
A. variations in the level of patrol had no effect on crime and citizen's attitudes
CHECK ALL THAT APPLY. Sex offenders are subjected to which of the following restrictions? a. Residential b. Educational c. Travel d. Employment
All of them
When discussing the correctional system in class, we discussed five key policies to reform the system. Name one and discuss how it would improve the correctional system.
Amend sentencing practices: try to lessen racial disparity, lessen the amount of time served for nonviolent offenses, etc. Try to stop the overcrowding so prisons have more resources and can improve the quality of life for people there
The Department of Justice is an example of a(n): a. regulatory agency. b. cabinet-level bureaucracy. c. independent agency. d. government corporation. e. advisory commission.
B. Cabinet level bureaucracy?
The findings in Martinson's Report were translated into what saying? a. "We Just Don't Know" b. b. "Nothing Works" c. "Some Stuff Works" d. "They All Work"
B. Nothing Works
CHECK ALL THAT APPLY. Which of the following are arguments against mandatory arrest laws? a. Mandatory arrests protect victims b. Mandatory arrests laws assume that the arrest is beneficial to the victim c. Fear of reporting the crime can increase d. Women can be seen as pathological, and not rational, choice makers
B. assumes arrest is beneficial to victim C. Fear of reporting the crime can increase D. victims can be seen as pathological and not rational choice makers
Under the due process model, the most important function of the criminal justice system is to: a. repress criminal conduct. b. ensure that an individual's rights are not violated. c. reintegrate newly released convicts back into society. d. convict as many criminal defendants as possible. e. none of the above
B. ensure that an individual's rights are not violated
The "Federalization of crime" refers to the: a. states relying on the federal government to make laws. b. increased role of Congress in crime issues. c. role of interest groups in Congressional policy making. d. increased collection of statistics and research done by the federal government. e. increased number of federal crimes being committed.
B. increased role of congress in crime issues
CHECK ALL THAT APPLY. Which of the following are the mechanisms used to transfer juveniles to adult justice system in the US? a. Three Strikes b. Juvenile Waiver c. Direct file d. Statutory exclusion
B. judicial waiver C. direct file D. statutory exclusion
Procedural law refers to: a. laws proscribing criminal behavior. b. laws delineating the legal methods to be used when enforcing the rights and duties of persons toward each other. c. statutes passed by legislative bodies of government. d. English customs, rules, and traditions. e. none of the above.
B. laws delineating the legal methods to be used when enforcing the rights and duties of persons toward each other
Community policing: a. reinforces a traditional, reactive policing approach. b. promotes working with the community to solve problems before they occur. c. is an approach to policing that operates independent of the community. d. is also known as "team policing." e. none of the above.
B. promotes working with the community to solve problems before they occur
Determinate sentences: a. are not used in most places today. b. require judges to impose a firm release date. c. were found effective in reducing prison population d. are used only by states. e. were found to be unconstitutional by the Supreme Court.
B. require judges to impose a firm release date
Compare and contrast Feeley's functional systems and rational-goal models?
Both systems that describe the organization of the system. Rational-goal argues that both the means and the ends are important, and in the CJS, are often the same thing. The main goal is effectiveness: an effective system (means) will successfully grant justice (ends). [Similar to CCM] The functional systems approach argues that the CJS will function successfully with cooperative, adaptable, and dedicated individuals rather than adherence to strict rules. It more heavily emphasizes discretion.
Which of the following is associated with zero-tolerance policing? a. "Broken Windows" theory. b. Aggressive police tactics. c. Police-community relationships. d. A and B only e. None of the above.
Broken windows CAN be, and aggressive police tactics definitely are so D.
The Volstead Act aimed to: a. require prosecutors to make as many charges as possible stick b. override mandatory minimums. c. prohibit intoxicating liquors. d. give Congress the power to impose federal laws over privatized prisons.
C. Prohibit intoxicating liquors (act known formally as National Prohibition Act)
The first federal law to require sex offender registration was: a. Megan's Law b. Jessica's Law c. The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act of 1994 d. The Violent Crime Control and Law Enforcement Act
C. The Jacob Wetterling thing
The power Congress has to investigate the policies and operations of bureaucracies is called: a. regulatory policy. b. bureaucratic discretion c. Congressional oversight. d. Congressional discretion. e. Congressional review.
C. congressional oversight
Miranda v. Arizona: a. is a case dealing with search and seizures. b. has been overturned. c. expands the rights of the accused. d. applies only in federal cases. e. outlaws capital punishment.
C. expands the rights of the accused (they must be informed of their rights before questioning)
In the agenda setting stage of the policy process, it is typically the responsibility of the chief executive to: a. identify the problem. b. bring the problem to the attention of the public and the legislative making body. c. lobby his or her party members in the legislative body. d. ensure that evaluations are conducted. e. none of the above.
C. lobby their party members in the legislative body
The goal of rehabilitation has its roots in: a. revenge. b. religion. c. the medical model. d. the crime control model. e. feminism.
C. the medical model: idea that there is something "wrong" with the person that can be treated
Restorative justice: a. is typically used in small communities. b. is supported by most conservatives. c. uses mediation, restitution and community service to resolve conflict. d. was popular during the 1960s. e. all of the above.
C. uses mediation, restitution, and community service to resolve conflict
List four different policing models?
Community policing: focus on relationship building and addressing community problems before they arise Problem oriented policing: attempt to define underlying problem and treat that rather than its symptoms Zero tolerance: "hard on crime" harsh punishment for relatively minor crimes as a method of deterrence SARA: refers to four key steps in problem solving and decision making
Name the corresponding terminologies in Juvenile Court: a. Criminal: b. Arrested: c. Taken in jail or placed in prison: d. Trial: e. Convicted
Criminal:delinquent Arrested:taken into custody Jailed:detained Trial:adjudication hearing Convicted:ajudication
List the three major forms of drug policy as method of dealing with drugs. Briefly describe what each entails?
Criminalization: sale/manufacture/possession all violate laws=most restrictive sanctions vary based on behavior, amount, type Decriminalization: fine or minor sanctions, but outside the criminal justice system Legalization: least restrictive, no criminal conviction, regulated across states
CHECK ALL THAT APPLY. What are some of the unintended consequences of mandatory and pro-arrest policies? a. They increase the number of woman arrested for domestic violence b. Non-white women, low-income women, and immigrants are disproportionately impacted c. Same sex cases result in an increase of victim-defendants and dual arrests d. All of the above
D. All of the above
The sanctions of criminalization drug policies depend on which of the following factors? a. The behavior b. The particular substance c. The amount of the substance d. All of the above
D. All of the above
Which of the following are considered to be long-term consequences of having juvenile offenders admitted to adult facilities? a. Disenfranchisement b. Having a public record c. Being unable to serve in the military d. All of the above
D. All of the above
Who acts as a check on the behavior of Supreme Court justices? a. the executive branch. b. the Congress. c. the Justice Department. d. a and b. e. a and c
D. Executive branch and congress (which can impeach justices)
Which of the following is not a consequence of federalizing crime? a. it increases the power of Congress b. it decreases the ability of the states to respond to their problems. c. it places a heavier burden on the federal system for funding. d. it limits communication between local and state police agencies. e. it increases the federal criminal caseloads.
D. It limits communication between local and state police agencies
What was the first federal law that was responsible for banning marijuana? a. Harrison Narcotics Tax Act of 1914 b. Narcotics Control Act of 1956 c. Durham-Humphrey Amendment d. Marihuana Tax Act of 1937
D. Marihuana Tax Act of 1937
Which of the following beliefs is not associated with the typical Conservative perspective? a. Government should be small. b. Morality is critical to the ordering of society. c. People are responsible for their own behavior. d. Social conditions must be altered to reduce crime. e. Erosion of discipline and respect for constituted authority explain much of the American crime problem.
D. Social conditions must be altered in order to reduce crime
According to scholars, restrictive sex offender laws can lead to which of the following? a. Isolation b. Rejection c. Stigmatization d. All of the above.
D. all of the above
A "hands off" means that the court: a. turns the case over to a lower court. b. won't accept legal briefs from interest groups. c. gives maximum punishment d. does not get involved in the case. e. is independent of political forces.
D. does not get involved in the case
The goal of the criminal justice system wherein a criminal is sentenced to a lengthy time in a correctional facility, limiting his or her ability to re-offend, is known as: a. deterrence. b. retribution. c. rehabilitation. d. incapacitation. e. treatment.
D. incapacitation
A product of the Omnibus Crime Control and Safe Streets Act of 1968 was the creation of the: a. "100,000 Cops" initiative. b. National Crime Victimization Survey. c. "Drug Czar." d. Law Enforcement Assistance Administration. e. Uniform Crime Reports
D. law enforcement assistance administration
A juvenile can be convicted of an offense that would not be illegal if committed by an adult. This is called: a. unfair. b. unconstitutional. c. juvenile crime. d. status offenses. e. none of the above.
D. status offense
List and briefly describe the four types of public policy.
Distributive: aimed at providing benefits for everyone Redistributive: give benefits to certain groups by taking benefits from others Regulatory: establish conditions under which various actions can and cannot be done Morality: policies in which benefits and drawbacks are based on individual ideologies, therefore who wins/loses is defined by your morals
Bureaucratic power stems from: a. ambiguous and undefined terms in laws passed by Congress. b. the increasing size of bureaucratic agencies. c. the increasing number of agencies on the state level. d. the cooperation of federal and state agencies. e. all of the above.
E. All of the above
Reasons why juveniles should be housed separately from adults include: a. juvenile offenders are more likely to be sexually assaulted than adult offenders. b. juvenile offenders are more likely to be beaten by staff than adult offenders. c. juvenile offenders are more likely to be attacked with a weapon than adult offenders. d. juvenile offenders are more likely to commit suicide than adult offenders. e. all of the above
E. All of the above
The effects of conservative policies toward corrections include: a. increased overcrowding in prisons. b. poor prison conditions. c. more stress on correctional officers. d. increased costs. e. all of the above.
E. All of the above
The juvenile court: a. keeps records confidential. b. attempts to prevent further crime. c. uses a rehabilitation/treatment approach. d. has jurisdiction over youth who might be neglected or abandoned. e. all of the above.
E. All of the above
Which of the following are factors that are severely diminished once a juvenile offender enters an adult facility? a. Education services b. Counseling services c. Protective services d. Rehabilitative series e. All of the above
E. All of the above
Which of the following answers explains why PSMIs (people with serious mental illnesses) might be arrested more frequently than people without them? a. PSMIs have a higher level of substance abuse b. Police believe that arresting PSMIs will get them the help they need c. Mental illness causes crimes d. All of the above e. Answers A and B
E. Answers A and B
The courts oversee the bureaucracies by: a. ensuring that administrators do not exceed statutory authorization. b. ensuring that administrators do not ignore procedural requirements. c. ensuring that personnel do not act in an arbitrary manner. d. ensuring that personnel do not violate the Constitution. e. all of the above.
E. all of the above
The reasons for the federalization of crime include: a. increased crime. b. organized crime. c. generous resources of the federal government. d. presidential candidates discussing the issue of crime. e. all of the above.
E. all of the above
Which of the following is true regarding the definition of crime? a. Crimes are violations against the state. b. State-sanctioned punishment is attached to the conviction of a crime. c. Legislative bodies at all levels of government define crimes. d. What constitutes a crime is highly influenced by the political actors in the political process. e. all of the above.
E. crimes are violations against the state, state sanctioned punishment is attached to conviction, legislative bodies at all levels define it, and it is highly influenced by political actors
Under a problem-oriented policing approach to crime control, the police: a. focus on the ends rather than the means. b. attempt to remedy the underlying problem, not just its symptoms. c. place more emphasis on building relationships than solving problems. d. increasingly use "no-knock" warrants. e. A and B only.
E. focus on the ends rather than the means and attempt to remedy the underlying problem, not just its symptoms
The death penalty is an example of a means to achieve which of the following goals: a. incapacitation. b. deterrence. c. punishment. d. rehabilitation. e. A, B, and C only.
E. incapacitation, deterrence, punishment
The "theory of consensus": a. involves an elite group in Congress who make laws. b. describes a situation when different interest groups work together to pass a law. c. looks at the voting patterns of Congress. d. helps to explain why policies are implemented successfully by bureaucracies. e. is based on a general agreement society has about laws and criminal behavior.
E. is based on a general agreement society has about laws and criminal behavior
A political explanation for why presidents focus on crime control policy is: a. crime can be used as substantive, symbolic, and valence issue during the campaign trail. b. several interest groups are associated with the issue of crime. c. crime is an issue of high concern with the public. d. A and C only. e. A, B, and C only.
E. it can be used as an issue in the campaign trail, there are many interest groups associated with it, and it is an issue of high concern
Concerning the role of state governors in the policy process, they: a. propose legislation to state legislatures. b. make budget requests. c. have the power to veto legislation. d. run the bureaucracy. e. all of the above.
E. they propose legislation, make budget requests, veto legislation, and run the bureaucracy
Which of the following is not an example of a constitutional power of presidents? a. Power to grant pardons. b. Giving a State of the Union address. c. Power to veto. d. The power to use federal troops to quell domestic disturbances. e. Use of executive orders.
E. use of executive orders
True/false: In today's world, Police is only responsible to respond to service calls and criminal violations from citizens.
False
True/false: Long-term success is achieved when utilizing aggressive police tactics.
False
True/false: Police officers are given very little discretion in the performance of their job.
False
True/false: The 1988 Anti-Drug Abuse Act created mandatory minimum penalties for drug offenses.
False
True/false: The SARA model of policing stands for Secret, Analysis, Assignment, and Response.
False
True/false: The heroin epidemic has been met with harsh policies focused on incarceration and has disproportionately impacted minorities.
False (heroin is something white people do)
True/false: Being "soft on crime" has been popular among politicians.
False; being hard on crime is popular
True/False: According to the FBI's Uniform Crime Report (UCR), crime has increased in the United States over the last two decades.
False; it has actually decreased
True/false: Preventive detention refers to locking away dangerous prisoners in solitary confinement to isolate from other prisoners.
False; preventive depression is imprisoning a person in order to keep them from committing further crimes
True/false: Selective incorporation refers to the automatic incorporation of the Bill of Rights to the states at the time the Fourteenth Amendment was ratified.
False; selective incorporation means that states cannot enact laws that invalidate rights given by the bill of rights
True/false: Judges should only focus on the seriousness of offense when they setting the amount of bail. They shouldn't take into account defendant's ability to pay.
False; that's extremely classist
True/false: General deterrence is the goal of punishment when an individual is so severely sanctioned that it prevents that same individual from participating in future crime.
False; that's specific deterrence
True/false: The goal of the crime control model is to protect individual rights.
False; that's the goal of the due process model
True/false: The 6th Amendment to the U.S. Constitution prohibits cruel and unusual punishment
False; the 8th Amendment prohibits it
True/false: The Crime control model of the criminal justice system focuses on restorative approaches while the due process model focuses on punitive approaches.
False; the opposite is true
True/false: The single goal of the corrections system is to punish offenders.
False; there are multiple goals of the justice system, some punitive and some restorative
Explain how Congress plays significant role in policy formulation and policy evaluation process?
Formulation: determines what is possible based on the budget, determines how it will be implemented and when, what it will intend, who will implement it, etc. Evaluation: sets the mandate that decides if a policy is successful and can also evaluate the program or policy
Explain harm reduction policies for drug offenders. Give two specific examples to harm reduction policies.
Harm reduction is one of the third general ways of handling drug crime (along with supply reduction and demand reduction). It focuses on not stopping crime but accepting it as a reality and making it as safe as possible 1) Opiate replacement/methadone clinics: replace opiates with a safer drug 2) Needle exchange/clean needle programs
Compare and contrast Packer's due process and crime control models.
Ideologically different concepts: crime control is rooted n the idea of effectiveness/decreasing crime as the primary motive of the CJS, and therefore policies should focus on certainty and severity (punishment). Due process is rooted in the idea of individual rights and fairness (i.e. the justice system focusing on equity). Policies focus more on treating everyone as individuals, granting them their rights, and rehabilitation.
Explain how illicit drugs lead to crime? Briefly describe three different ways of relationship?
Illicit drugs may lead to crime due to psychopharmacological effects (effects of intoxication cause criminal behavior), economic motivation (commit crimes to get money for drugs) or systemic drug trade causes crime Committing crimes may also cause drug use, or the two could be both caused by a third variable
What is "preemption law"? Give two examples to preemption laws in the US.
In the case that a state and federal law directly contradict, federal law takes precedent as it has "claimed" that field I have no examples
List and explain three goals of punitive approaches in the correctional system.
Incapacitation: incarcerate offenders to prevent likelihood of them committing further crimes. Can be collective (everyone convicted serves the sentence) or selective (considers potential for recidivism when sentencing) Retribution: essentially, punishment. The idea that those who commit crimes must be punished Deterrence: prevent crime before it occurs via the threat of criminal sanctions. General (all population) or specific (one person)
Explain the purpose, and the importance of the 1997 University of Maryland Report.
It examined over 500 policy examinations and studies to determine the effectiveness of policies. It came as a result of a congressional mandate. Classified into "what works, what doesn't work, what's promising, and what's unknown (which was most of it)". It was the first massive report of its kind to analyze policy as a whole and highlighted the need for more evaluation.
Explain one of the major criticisms against NYPD's stop & frisk policy.
It literally opens the door for blatant racial profiling and prejudice. POC are stopped more frequently and are often treated worse than white people who are stopped and frisked.
What does "super-legislature" stands for? Explain.
It refers to the legislature creating new laws by effectively overriding previous legislature
Has the war on drugs fulfilled its objectives? That is, has it been successful? Why or why not?
It's goal was to stop the spread of crime in the U.S. and it is currently increasing. In addition to that, minorities have been disproportionately targeted and more people have been committed for relatively minor offenses. So, no, i'd say that it has not succeeded.
What are the three types of arresting procedures law enforcement agencies use for Intimate Partner Violence cases in the US?
Mandatory arrest: HAVE to arrest Pro-arrest: STRONGLY FAVOR arrest Discretionary arrest: left up to the discretion of the officers
What is probation and parole? Explain their similarities and differences?
Probation and parole are both sanctions that help circumvent detention. Probation occurs prior to and instead of incarceration while parole is an early release from incarceration. Both entail supervision and the following of strict rules.
What is the difference between "reasonable suspicion" and "probable cause"?
Reasonable suspicion comes from an officer's training and experience and is drawn based off reasonable circumstances. More of a bet or a hunch. Probable cause is this in addition to logical presumption based on fact
What is the SARA model for policing? What does the acronym stand for?
Scanning, Analysis, Response, and Evaluation (Assess Results) It serves as a way to handle problems in policing
Describe the three aspects of general deterrence. Discuss how these three aspects are related to crime control.
Severity: how severe the sanctions are Certainty: what's the likelihood that you will be caught and punished Celerity: how quickly you will be punished Most policies focus on increasing the severity of punishment to increase deterrence. However, in order to effectively deter people from committing crimes, policies should focus on certainty and celerity. These have been proven in research to be much better predictors of deterrence and crime control
Why has crime become an attractive area for policy formation for politicians?
Since no one is "pro" crime except for criminals, it is a safe topic for politicians to talk about while campaigning or in office. Policies that are "hard on crime" are seen as an easy victory because no one can vote against it without being labeled as "soft on crime" or "pro-criminal"
Explain status offenses for juveniles and give three examples for status offenses?
Status offenses: actions that only violate laws due to the age of the perpetrator and not the actual nature of the crime Ex: underage drinking, truancy, running away from home
Give one supporting and one opposing argument to Three-Strikes law?
Support: Incapacitates repeat offenders Opposing: Final offense might be relatively minor but will still receive an intense jail sentence
Compare and contrast the iron triangles and issue networks policy models. Discuss the weakness of each model.
The iron triangles model (also called the cozy little triangles model, a fact that pleases me endlessly) is based on the idea that there are three unchanging key players when it comes to making policy: interest groups, congressional committees, and executive bureaus. It is primarily criticized for being too tailored and ignoring other actors that might greatly influence policy. The issue networks model states that when a policy issue arises, various "networks" (or actors) will form around it. As every issue is difference, the networks/actors involved may differ from case to case. While it is more encompassing than the iron triangles model, it is still vague about exactly who is involved and how they become involved.
What is the difference between the Medical model and social model when talking about the Americans with Disabilities Act.
The medical model focuses on the impairment and limitations that a disability causes. The social model focuses instead on the diversity of humans, and puts people (rather than the disability) first.
Describe garbage can model.
The policy process is messy, and what comes out of it is usually just as messy. This results from three main issues: problematic preferences (not being clear in what they want/need = muddled policies), unclear technology (those who make policy don't understand how it works), and fluid participation (actors come and go with little consistency)
Describe three goals of restorative approaches in the correctional system.
There....are four but okay Rehabilitation: Treat offenders to correct behavior Restoration: Victim/community/offender work together to take an active approach to repair the harm caused Reintegration: Facilitate the offender's return to the community * Pragmatism: Emphasis that criminal justice responses are most effective in controlling crime (what works?)
Explain how the experiments on traditional policing (Kansas City Experiment and Newark Foot Patrol Experiment) challenged the assumptions on traditional policing tactics.
Traditional policing is very reactive and focused on deterrence and punishment. Reports and experiments such as these reveal that the strategies used to deter people (such as increased patrol) are not overly effective, demonstrating that a reactive and traditional approach may not be the most successful method in handling crime, which lead to a rise in more proactive policing.
How does the measurement of success differ between traditional and community policing?
Traditional policing would be determined as successful by the amount of arrests and convictions made. However, community policing focuses on preventing those problems in the first place. Successful community policing would result in very few arrests.
Explain prosecutors' traditional roles and the shift toward strategic prosecution?
Traditional roles: determine charges, try cases, decide which cases are brought to trial Strategic prosecution: Prosecutors have to be voted in, so they'll drop difficult cases to avoid a reputation drop, or they'll initiate charges at a politically opportune time
The three components in the policy streams model are the problem stream, the political stream, and the policy stream.
True
True/False: Crime is disproportionately committed by young people, specifically adolescents and young adults.
True
True/false: A "moral panic" is when nothing out of the ordinary occurs, but the media presents an issue as a threat.
True
True/false: A critique of the iron triangles model is that it focuses on only a few of the policy participants, while ignoring the many others.
True
True/false: About 30% of defendants are locked in jail until their trial dates since they can't afford money bail.
True
True/false: All bureaucracies have an internal culture that affects how it operates.
True
True/false: Arrest practices for minor offenses disproportionately impact minorities.
True
True/false: Bureaucratic power sometimes stems from the fact that the bureaucrats have more knowledge of issues than do the legislators.
True
True/false: Despite the War on Drugs, the illegal drug use has substantially increased in the last two decades.
True
True/false: Discretion allows bureaucrats the freedom to take action to carry out their duties and obligations.
True
True/false: Domestic violence is a pattern of behaviors in which one person attempts to gain power and control over another person.
True
True/false: During the last decade, the US government has spent more resources to deal with supply reduction than demand reduction in illicit drugs.
True
True/false: Federal Mandatory Minimums exacerbated the racial disparity within the criminal justice system.
True
True/false: Herbert Hoover is the first president who brought crime problem to the presidential agenda.
True
True/false: In New York, juveniles who are 16-17 years old and are arrested for any offense are automatically defined as adults.
True
True/false: Judges are seated on the court through election, appointment, or merit selection.
True
True/false: Judicial waivers allow prosecuting attorneys to transfer any juvenile offenders to adult courts
True
True/false: Methadone maintenance is a harm reduction strategy in drug abuse.
True
True/false: Money bail is a pledged guarantee that the defendant will attend future court hearings.
True
True/false: Prisons have become the de facto institution for dealing with the mentally ill.
True
True/false: Problem identification process can be influenced by a "trigger event."
True
True/false: Sometimes bureaucracies work with Congressional committees and interest groups to make policy in a relationship called the Iron Triangle.
True
True/false: The garbage can model holds that output of the policy process becomes more complicated and "messier" than the initial input.
True
True/false: The liberal approach to corrections emphasizes due process and equal protection.
True
True/false: There is a tendency of Congress "to appear responsive to every highly publicized societal ill or sensational crime."
True
True/false: The executive branch acts as a check on the behavior of the Supreme Court.
True (bc the president nominates the justices)
True/false: Less states have restricting Marijuana policies today than ten years ago.
True, I think
True/false: Critics of the Three Strikes law argue that it is too expensive.
True, among other things
Explain how do "Type I error" and "Type II error" in justice relate to the crime control and due process models?
Type 1 error: innocent people are accidentally convicted Type 2 error: guilty people are set free Relates depending on what error the models are focused on trying to prevent. CCM tries to prevent type 2, DP tries to prevent type 1
Describe criticisms against plea-bargaining from the perspectives of Type I & II errors (false-positive and false-negative) in justice.
Type 1: People may take a plea bargain even if they're innocent because it's less risky than going to trial. (I.e. pleading for a year in prison over risking ten years you would be sentenced) Type 2: It allows guilty people to not serve the full sentence they should
Give two examples for federal crime bills that substantially contributed to the high incarceration rate of the US.
Violent Crime Control and Law Enforcement Act 1994 - establishes life in parole for three strikes Comprehensive Crime Control Act 1990 -targets drugs n crime
How is zero-tolerance policing different from community policing?
Zero tolerance is a traditionally reactive approach: it focuses on handling the crimes after they have occurred by the use of harsh penalties. Community policing instead focuses on building a relationship with the community one is in in an attempt to target and solve problems before they arise, and is a more proactive approach.
