CJ 200 Intro to Criminology FINAL
Vaguely defined crimes are ________________.
"democracy's friend"
The author believed that there was less discrimination in the Northeast criminal justice system of the Gilded Age than there is in today's system.
True.
The author believes appellate judges ought to be agents of reform, not obstacles.
True.
The author believes that a return to older models of legal doctrine would reduce the level of systemic injustice and may do a better job of controlling crime.
True.
The author believes that where local democracy and the rule of law both operated, criminal justice was fairer and more effective than it is today.
True.
The author cites the Northeast during the Gilded Age as a model whereby local politics is the best means of governing crime and criminal punishment.
True.
The crime wave, which followed each U.S. migration, differed enormously: the first was long- lasting and severe while the second was short- lived and mild.
True.
Florida is classified as _____________.
a stand your ground state.
Oregon is classified as ______________.
a state that is neutral on the issue of duty to retreat versus stand your ground.
Criminal justice of the Jim Crow South favored larger prison populations because _____________.
a system was developed that capitalized on the labor of prison inmates and was a fiscal benefit.
According to the author, punishment, in its current form in America, is both too __________ and too ___________.
severe; frequent
The American legal system is largely derived from____________.
rational choice theory
The rates of drug use among difference races and ethnicities in the United States ___________________.
vary little
Speedy and public trial, informed of the nature and cause of the accusation, face witnesses, call witnesses in his favor, and assistance of counsel.
6th Amendment
____________ is the concept that describes the criminal justice system that was created out of necessary and which emphasizes efficiency and quantity of cases through such practices as plea bargaining.
Assembly line justice
Secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
4th Amendment
Grand jury, double jeopardy, self-incrimination protection, due process of law and just compensation.
5th Amendment
About _____________ of state prisoners are incarcerated for universal crimes: murder, manslaughter, rape, assault, robbery, burglary, and various types of theft.
60%
Prohibition of excessive bail and cruel and unusual punishment.
8th Amendment
As many as _____________ % of criminals defendants are considered indigent, but only ___________% of criminal justice funding is devoted to indigent defense.
90;3
Which is NOT one of the author's solutions to set the criminal justice system right?
A more efficient, centralized criminal justice bureaucracy.
___________ is described as an explanation of processes and events not readily understandable to help make sense of the world with the use of fictions, an attempt to reconcile contradictions while often supporting the status quo or past practice.
A myth.
What were the results of falling prison populations and rising crime in the 1960s-1970s?
A turn toward punishment by the general population and politicians was largely due to political backlash from the U.S. Supreme Court's procedural rights decisions, reduction in criminal sanctions and the rise in crime.
What does having the "wolf by the ears" mean?
A volatile, dangerous situation and in a sort of temporary stale mate.
Assailant possesses the physical power to kill, cripple or permanently disfigure through the use of physical strength, unarmed fighting skills, blunt weapons, edged weapons or firearms.
Ability
_________ is attributed with the following definition of justice: "The principle of trade is the only rational ethical principle for all human relationships, personal and social, private and public, spiritual and material."
Ayn Rand
According to the lecture, what is one of the chief differences in the debate between alcohol and drug prohibition?
Alcohol consumption was more socially acceptable than drug use.
The following passage summarizes ______________________: " It is essential to the idea of a law that it be attended with a sanction; or, in other words, a penalty or punishment for disobedience. If there is no penalty annexed to disobedience, the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendations."
Alexander Hamilton's description that laws involve force from Federalist Paper #15
List one method NOT used to skirt the Warren Courts "procedural taxes"?
Anti-discrimination rulings
______________ is the money or property pledged to the court of actually deposited with the court to effect the release of a person from legal custody.
Bail
Why would the author support disparate impact as a mechanism of justice for the Equal Protection clause?
Because specific proof is hard to come by, proving that any one person or actor discriminated against another or an entire class of people is very difficult when discrimination may be systemic.
Which U.S. Supreme Court case overturned murder convictions of three African-Americans based upon coerced confessions (as a result of beatings), holding that the confessions were involuntary and therefore inadmissible?
Brown v. Mississippi (1936)
___________ ruled 7-2 that a city and its police department could not be sued under 42 U.S.C. S1983 for failing to enforce a restraining order, which could have potentially prevented the murders of a woman's three children by her estranged husband.
Castle Rock v. Gonzales (2005)
Defined search incident to arrest, including items for which officer can search: weapons, articles of escape and evidence of "the crime" for which the person is being arrested.
Chimel v. California (1969)
Which theory or theories believe(s) that "crime is a decision, not a disease?"
Choice theory.
The lecture pointed out a dilemma with equal protection of the law. What is that dilemma?
Concentration of power at the federal level versus local control of the justice system.
The Chief Justice of the U.S. Supreme Court from 1953-1969 was ________________.
Earl Warren
Typically involved police, courts, and corrections; the deep challenge for a democracy is to develop legal rules, social practices and institutional arrangements that, at some reasonable cost, separate good from bad behavior.
Criminal Justice
______________ is the body of legal doctrine that defines crimes.
Criminal law.
____________ is described as revealing the underlying sources of inhibiting social conditions and sharing knowledge to free people from inhibiting conditions and be a catalyst for change and transformation.
Critical social science
Why did African- Americans migrate to cities during 1900-1965?
Decline of agricultural production and shortage of labor in industrial centers.
According to the author, which political party often had tougher records on criminal punishment, especially in the 1970s?
Democrats
Criminals engage in a cost- benefit analysis: punishment discourages criminality if it is administered with swiftness, certainty, and justice.
Deterrence
_____________ is the theory of punishment which postulates the more likely murderers, rapists, and car thieves are to face punishment for their crimes, the fewer murders, rapes, and stolen cars there will be.
Deterrence
The author advocates:
Don't restrain procedural law; restrain substantive law because it is based on fixed moral principles.
Which is NOT an example soft policing strategies?
Drug raids by SWAT teams.
Unlawful cohabitation (adultery/ fornication), punishing plural marriage without proving plural marriage.
Edmunds Act (1882)
The origins of American law is primarily derived from ___________.
English Common Law
There is a universally understood definition of justice, which transcends geography, culture worldview, philosophy, and profession.
False
According to Professor Stuntz, each additional dollar spent on incarceration provided the same value to the community.
False.
According to the author, criminal trials in the Gilded Age produced no comparable juror decision-making outcome as is found with the concept of jury nullification in the modern age.
False.
According to the author, larger police forces tend to lead to more arrests and more punishment.
False.
According to the author, the Supreme Court- driven constitutional regulation of the 1960s instituted a new era of "equal protection of the laws" for which the author strongly advocated.
False.
According to the author, the economics of law enforcement always produce more punishment for the poorest criminals.
False.
According to the author, the moral character of universal crimes has changed radically with the nature of the crimes and the reasons for punishing them changing constantly and dramatically over time.
False.
According to the author, when budget constraints drive the decision that fill prison beds, the criminals who pay the highest price for their crimes will be those who commit the worst offenses.
False.
According to the chapter and lecture, there are no key differences between the slaves of the nineteenth century and the prisoners of the twenty- first century.
False.
According to the lecture and book, increasing the number of police officers in a given community results in higher arrest rates, especially of minority members.
False.
According to the lecture, the modern notion of justice only applies to victims with no application to or consideration of offenders or criminal perpetrators.
False.
According to the lecture, tough and soft policing strategies are not reconcilable and cannot successfully co-exist.
False.
Based upon the author's economic analysis, the modern reduction of crime through increased corrections spending has been cost effective.
False.
In Oregon, one can get out of jail by paying a percentage of the bond, usually 10 percent, to a bonding agent, who posts the full bail. The fee is not returned to the defendant when appearing in court.
False.
In the "Thinking fast and slow" review the video described the three systems of the human thought process?
False.
In the Northeast criminal justice system of the Gilded Age, incidents of crime fell as rates of incarceration increased.
False.
Lynch laws of the Jim Crow South were a means of deterrence and designed to promote equal justice for murder victims.
False.
Portland, Oregon has achieved the Clinton-era goal of 351 police officers per 100,000 people.
False.
Reconstruction was considered a success.
False.
The Jim Crow South incarcerated more African- Americans than white Americans because of the discriminatory system.
False.
The Warren Court requirements to provide adequate counsel (defense lawyers) for all defendants charged with crimes achieved its intended result of equality in legal defense mechanisms for rich and poor defendants alike.
False.
The author advocates overlapping laws that govern both federal and state jurisdictions in order to permit blurred lines of responsibility within the criminal justice system and so that the federal government can enforce the law on a case by case basis.
False.
The author argues that live witness testimony is the best possible means of proving guilt in the twenty-first century, the same as it was when the confrontation clause was imbedded in the U.S. Constitution.
False.
The author believes the U.S. prison population is a wolf held by the ear.
False.
The author supports the theory that crime and punishment strongly correlate and that in order for crime rates to fall, a high rate of imprisonment is required.
False.
The federal government employs more law enforcement members than all local and state governments combined.
False.
The prohibition of alcohol and regulation of narcotics took the same legislative path, for the same reasons, and with the same outcome.
False.
There is no difference between criminology and criminal justice study; the terms are synonyms.
False.
There is only one interpretation of the meaning of the Equal Protection clause of the 14th Amendment.
False.
Tough policing strategies include neighborhood-friendly styles of policing and increased community engagement.
False.
_______________ operates as an "ethnoracial" social prisons within the cities, locked in structural economic marginality.
Ghettos
The local court case whereby Cayla Wilson sued the Portland Police Bureau and Clackamas County Community Corrections for failing to protect her when a 52 year old man, Jack Dean Whiteaker, who was on probation and had two police contacts within hours of him driving his vehicle and hitting Cayla Wilson, addresses the same or similar issues to which court case?
Gonzales v. Castle Rock (2005)
What is due process?
Government sponsored deprivations of "life, liberty, or property" can only be imposed according to legal procedure.
Which answer is NOT the purpose of Section 1 of the 14th Amendment?
Guaranteed that all men are created equal, that they are endowed by heir Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness, deriving their just powers from the consent of the governed.
Which federal law first regulated opiates and cocaine?
Harrison Act (1914)
Which is NOT a reason for the justice system working well in the Northeast during the Gilded Age?
Having high inmate population was viewed as positive because convict labor was fiscal benefit.
Select the reason that did NOT cause lenity in criminal punishment in the 1960s?
Heavy utilization of plea bargaining by prosecutors.
What two questions does this book attempt to answer?
How did the American criminal justice system unravel in the past 50 years, and how might our dysfunctional justice system be repaired?
__________ is described as belief systems closed to contradictory evidence with assumptions and reasoning are dogmatic.
Ideology
According to the lecture, which response below is NOT a lesson that the movie World War Z teach us?
If nearly everyone initially reaches a consensus, then minority dissenters should never challenge the majority opinion.
Happening right now; lacking an intervening object, place, time or agent.
Immediate
In the national crime crusades as discussed in Chapter 6, the solution was to go after not crimes but criminals: pick a few high profile bad guys, then take them down as cubically as possible.
True.
The idea is to remove an offender from society, making it physically impossible to commit further crimes.
Incapacitation
_____________ is the theory of punishment which argues that criminals cannot commit crimes on city streets (or in the community) when they remain behind bars.
Incapacitation
______________ is the utilization of the due process clause of the Fourteenth Amendment of the United States Constitution to ensure compliance of state and local governments to those matters as contained in the Bill of Rights.
Incorporation
After the passage of the Harrison Act, the price for heroin ______________ by 1916.
Increased 900%
According to the author, which choice is NOT one of the results of "shock and awe" police tactics?
Increases police legitimacy and trust in communities of color.
Free from guilt or fault; harmless in effect or intention.
Innocent
Assailant is acting or speaking in a manner that any reasonable and sensible person would assume indicates your assailant's intention to kill, cripple, or permanently disfigure you.
Intent
According to the author, law enforcers define the laws they enforce, which allows them to ________.
Investigate other offenses, such as drugs and weapons crimes, apply discriminatory practices, such as "racial profiling," and selectively enforce the law with great discretion.
The following passage summarizes ______________ : "Legal punishments should be triggered only when defendants injure others; a desire to police public morals is not a sufficient reason to incarcerate offenders."
John Stuart Mill's Harm Principle
______________ is defined as acquitting a defendant despite proof of guilt.
Jury nullification
One of this book's goals is to understand better why our criminal justice system tolerates so much crime and produces so little justice.
True.
_____________ refer to acts that are viewed as criminal because they are wrong, immoral or evil in themselves; the criminal law reinforces a strong unwritten moral law.
Mala in se
_______________ refer to acts that are viewed as criminal because the law says so; no moral force behind the law.
Mala prohibita
Criminalized the crossing of a state line with intent to commit an act of prostitution.
Mann Act (1910)
Applied the exclusionary rule to the states.
Mapp v. Ohio
______ credited with the following: "Injustice anywhere is a threat to justice everywhere."
Martin Luther King Jr.
_______________ is the law of criminal intent whereby proof that the defendant acted with a state of mind that was worthy of blame, also known as "guilty mind."
Mens rea
Which U.S. Supreme Court case held that statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the defendant is informed of the right to consult with an attorney before and during questioning, of the right against self-incrimination before police questioning, and that the defendant not only understands these rights, but voluntarily waives them?
Miranda v. Arizona (1966)
"____________ are how we think, they are how we understand how the world works. As we go through life we build these very complex pictures in our minds of how the world works, and we're constantly referring back to them.... That's how we make sense of things."
Models.
As seen on TV, do actual defense lawyers go into the interrogation room with the police and the suspect and advise their clients to speak?
No, never or only in rare or very specific circumstances.
Which U.S. Supreme Court case overturned convictions of African- Americans in the Elaine Race Riot in Phillips County, Arkansas (which followed the shooting death of a white railroad security employee after shots were exchanged at a church where a black tenant farmers union was meeting) based upon defendants' mob-dominated trials, which deprived them of due process guaranteed by the Due Process Clause of the Fourteenth Amendment?
Moore v. Dempsey (1923)
_____________ seeks to explain a particular type of overreaction to a perceived social problem and has been described as "a condition, episode, person or group of persons emerge to become defined as a threat to societal values and interests..."
Moral panic
Absolutely essential to achieve a certain result or effect; unavoidably determined by prior conditions or circumstances; inevitable.
Necessary
The author is______________
a law professor who spent his working life studying legal doctrines that govern crime and criminal law enforcement.
The _______________ criminal justice system of the Gilded Age was well-policed, had procedural rules that made criminal trials cheap and common, had substantive law that was less clearly defined and more favorable to defendants, and had political control that was in the hands of the same groups who were most often victimized by serious crime.
Northeast.
According to the author, what method was developed by police to deal with the procedural restrictions of the Warren Court decisions?
Obtaining consent.
Assailant is capable or immediate inflicting injury by striking you at arm's length with bare hands, conversational distances with blunt or edged weapons, or any range with a firearm.
Opportunity
According to the author, time and quality of defense counsel matters: if one can afford to hire a better lawyer and pay the legal team to work more hours on one's case, then one has a better chance of a favorable outcome.
True.
According to the author, when the American justice system operates at capacity and more attention that is paid to enforcing Fourth Amendment doctrine, it means less attention is paid to more important issues, such s defendant conduct and intent.
True.
According to the author, when the prohibited conduct is morally neutral, the government may dispense with proving intent on grounds of social need.
True.
Restoring the victim, offender and society to the desirable conditions that existed before a criminal offense occurred.
Restorative justice.
Dispense punishment according to an offender's moral blame worthiness as measured by the severity of crimes of which the offender was convicted; subscribes to just deserts and believes "let the punishment fit the crime."
Retribution
Which is NOT one of the author's arguments in Chapter 6?
The Federal government and politicians sought to keep moral issues as state and local matters.
According to the author, within cities, crime is low in safe neighborhoods but remains a huge problem in dangerous ones.
True.
Based upon the lecture, which is NOT an element of professional policing?
Police should be afforded a greater degree of discretion.
___________ is defined as law that is no better than the source of its authority; "made up" law.
Political law
Which U.S. Supreme Court overturned the convictions of nine African - American men and held that the defendants had the right to appointed counsel in capital (death penalty) cases with adequate time to prepare a defense?
Powell v. Alabama (1932)
___________________ is described as charging defendants with crimes other than the ones that prompted prosecution because the government can't prove the original, more serious charges.
Pre textual prosecution
____________ is the theory of punishment which argues that punishment for a crime is a moral good (social imperative) because crime is a moral wrong, and maximizing the frequency of punishment for crime means maximizing a moral good.
Retribution
According to the lecture, police officers are having to adopt social worker skill as part of their regular job duties.
True.
According to the lecture, what is the best form of legal defense?
Private defense lawyers.
People react favorably when they believe that the authorities are fair and sincerely trying to do what is best for the people.
Procedural Justice
____________ is the type of law that defines the process and how the enforcing is done; restrains the government, such as the Amendments found in the Bill of Rights.
Procedural law
"Crime victims in black neighborhoods have difficulty convincing local police to take their victimization seriously, partly because victimization is so common. At the same time, police officers are quick to treat black men as suspects in settings where white men would not be so treated..." What concept is the author describing?
Racial tax.
That which a sensible person with the same information and facing the same circumstances as you, would recognize as rational and normal; fair, moderate, not extreme.
Reasonable
Incarcerating offenders without proper treatment is not the right course of action; changing the individual lawbreaker through correctional interventions, such as drug treatment programs, therapy, and skills development.
Rehabilitation
According to the author, who primarily bears the cost of bad criminal justice policies?
Residents of high - crime neighborhoods.
Systematic response to wrong- doing that emphasizes healing, empathy and peace - making in order to promote a peaceful and just society.
Restorative justice
Individuals who commit crime are due an unpleasant punishment.
Retributive justice
Who controlled the formal justice system of the Jim Crow South (post Reconstruction)?
Rich and middle class whites
Any injury that cripples, permanently disfigures or could cause death. Black eyes, swollen lips, abrasions and bruises are usually not considered serious bodily injury.
Serious bodily injury
Congress redefined crime definitions more broadly to make convictions easier to obtain.
True.
Considers issues of equality and inequality and whether benefits and risks are distributed in a manner that is fair and without discrimination.
Social Justice
According to the lecture, the following passage from Theorizing Criminal Justice: Eight Essential Orientations describes what concept? "Our reality is the result of an intricate process of learning and constructing meanings and definitions of situations through language, symbols, and interactions with other people."
Socially constructed reality
_______________ is the type of law that defines crimes and sentences and defines the laws that police officers and prosecutors enforce.
Substantive law
The ___________ Amendment to the U.S. Constitution states. "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
Tenth.
The Gilded Age in the Northeast is also referred to as ____________.
The Political Era.
_____________ is a term used to imply that all parties in the justice process work together in a cooperative effort to settle cases efficiently rather than to engage in a true adversarial procedure.
The courtroom work group
______________ pertains to the evidence seized by police in violation of the Fourth Amendment that cannot be used in criminal prosecutions against a defendant.
The exclusionary rule.
What was the outcome of the Wilson v. City of Portland and County of Clackamas cases?
The insurance companies settled the case for $10 million as the jury was deliberating.
Why did police agencies NOT oppose the passage of Crime Control Act of 1994, which authorized Pattern or Practice investigations by the Justice Department?
The law also provided community policing funding and boasted the addition of 100,000 police officers on the streets.
___________ is described as a principle of criminal law that a potential victim of some level of assault has the reasonable means of choosing a safe retreat instead of resorting to using force in self-defense.
The retreat rule
__________ frames research questions and guides scholarly interpretations with an intrinsic basis in empirical evidence, attempting validation or falsification.
Theory.
According to the author, the Bill of Rights became the measure of procedural justice, the yardstick against which police officer's and prosecutors' practices are measured.
True.
During the Gilded Age, the Jim Crow South had smaller police forces and larger prison populations than the North.
True.
Criminalized the crossing of state line with the intent to gamble in a jurisdiction in which gambling is illegal.
Travel Act (1952)
According to Chapter 6, the government can use regulatory laws for reasons of public (moral) health and welfare without having to prove intent.
True
According to the author, the American criminal justice system lacks the capacity to punish all major crimes.
True
If all drugs cases were removed from the criminal justice system, imprisonment would still have quadrupled over the past 30 years.
True
Local and state governments handle more criminal cases than the federal government.
True
According the the author, Constitutional law's chief concern became process, due or otherwise, not protection, equal or otherwise.
True.
According to the author, claims of discriminatory policing and prosecution almost never succeed.
True.
According to the author, criminal punishment is based more on political fad than the moral quality of defendant conduct.
True.
According to the author, drug crimes in urban neighborhoods serve as proxies for violent and property crimes, which take more time and resources to investigate, make arrests and prove.
True.
According to the author, during the Gilded Age in the Northeast, criminal justice institutions punished sparingly, mostly avoided the worst forms of discrimination, controlled crime effectively, and, for the most part, treated those whom the system targets fairly.
True.
According to the author, enforcement during the Gilded Age was both more restrictive and more respectful of the privacy of search targets than is the enforcement of contemporary drug laws, partly because the Fourth Amendment standards were, for the most part, stricter then than now.
True.
According to the author, highly specified criminal law makes for easily resolved cases, and easily resolved cases make for easily induced guilty pleas.
True.
Title 42, U.S.C., Section 14141: pattern or practice investigations could be viewed as an example of the federal government intervening in local law enforcement practices in an attempt to guarantee "the equal protection of the laws."
True.
Today, American criminal law is designed to facilitate criminal convictions and to make plea bargaining easier for prosecutors.
True.
Vigilante justice in the West served as a substitute for a well-functioning, formal justice system.
True.
If you can avoid, the lethal confrontation by breaking contact with your assailant and retreating to cover, then you should.
Unavoidable
_____________ overturned the criminal convictions of those who massacred the African- American Republicans at Grant Parish Courthouse in Colfax, Louisiana, holding that the Due Process and the Equal Protection Clauses of the Fourteenth Amendment only applied to government action, not individual citizens.
United States v. Cruikshank (1876)
Both of the U.S. migrations triggered ________________.
Urban crime waves.
Greatest good to the greatest number.
Utilitarian justice
Occurs when individuals bypass the criminal justice system in resolving a conflict by taking the law into their own hands.
Vigilante Justice.
The exclusionary rule was applied to federal agents; evidence would be suppressed in court if the searches and seizures were unconstitutional.
Weeks v. United States (1914)
Can prosecutors legally threaten defendants to take plea deals?
Yes.
The Federal Sentencing Guidelines are _________________ for federal judges when sentencing convicted offenders.
advisory
The author argued ______________ taking away time attorneys and judges spend on the question of defendant guilt or innocence and _______________ spending more time on the process by which the defendants are arrested, tried, and convicted.
against.
Those that believe using the term criminal justice system gives preference to systems theory and excludes non-governmental entities such as the media, and non-profit organizations, would describe the operation of criminal justice as a(n)______________.
apparatus
A(n) ____________ occurs when a police officer takes a person into custody or deprives a person of freedom for having allegedly committed a criminal offense; it is also described as an actual or constructive restraint based on probable cause to believe a crime has been committed, and the suspect has committed it.
arrest
According to the author, local and state criminal justice systems are ________________.
at capacity
According to the author, constitutional democracies face two opposite risks:
chaos or oppression
Police, prosecutors, and social conservatives often view the criminal justice system through the lens of the _________________.
crime control model
The ______________ has been compared to an assembly line. Subscribes view criminal due process as the system's capacity to apprehend, try, convict, and dispose of a high proportion of criminal offenders in the most efficient manner possible.
crime control model
The author argued that the Warren Court's procedural rights case law decisions were poorly timed because _______________.
crime was rising and punishment was falling, the decisions were not a pattern likely to appeal to ordinary voters, and the decisions seemed designed to protect the guiltiest suspects and defendants.
The author is largely ________________ of the American reforms made to the criminal justice system during the Professional Era (1930s-1970s) of policing.
critical
Neighborhood democracy ________________ as a result of the Warren Court decisions.
decreased
According to the author, "The criminal justice system has run off the rails. The system dispenses not justice according to the law, but the "justice" of official discretion. __________ justice too often amounts to ________ justice.
discretionary; discriminatory
According to the author, bail is __________________.
discriminatory
According to the lecture, what is one remedy to decisions like United States v. Cruikshank (1876) to provide equal protection to marginalized groups?
disparate impact
Defense attorneys, civil libertarians, and many professors often view the criminal justice system through the lens of the _________________.
due process model
The ____________ has been compared to an obstacle course. Subscribers view criminal due process as an adversarial fact- finding process.
due process model
According to the author, twice in history when the federal government took a large share of responsibility for crime and punishment were ________________.
during Reconstruction and Prohibition
In chapter one, the author explores three common reasons for high crime rates, which are:
economic, punishment, and legitimacy.
The prohibition was considered a legislative _____________.
failure
The equal protection clause of the 14th Amendment __________________.
grants freedom from government oppression and from private violence, sought to address (and redress) mob violence, and held that if local governments could not stop the intimidation of black voters or harm to African- Americans, then the federal government could punish the offenders.
According to the author, ______________ defined the American criminal justice system in the 20th Century.
instability
According to the author, when the government seeks to punish morally heinous conduct, it must prove that defendants acted ______________.
intentionally
The instructor defines _____________ as a value-based action or set of actions in response to, or as a consequence of, some human behavior, which is exacted through legal or extra legal means.
justice
Jury nullification is an example of the crisis of ______________ in the American criminal justice system.
legitimacy
According to the author, "People obey the law, when they do so, because they believe the system of law enforcement is fair and hence worthy of their respect. When the justice system seems _____________ to the young men it targets, those young men are more likely to follow those system's rules."
legitimate
The end result of the Warren Court decisions was that they ultimately ____________________________.
made searches, interrogations, and criminal prosecutions cheaper and more efficient, not more expensive and less efficient.
Prosecutors today have ________________________.
more discretion than during the Gilded Age.
The author advocates for _________________.
more local control over the criminal justice process so that justice can be more moderate, more egalitarian, and more effective at controlling crime.
The author used the Laffer Curve to challenge deterrence by stating _______________
more punishment may yield less deterrence if crime becomes a part of the ordinary life experience.
Federal criminal law was meant to be ___________, and Federal criminal law enforcement was meant to be _____________.
narrow; rare
According to the author, moral issues go __________ rather than staying _____________.
national;local
The Harrison Act (1914) attempted to regulate _________________.
opiates and cocaine
According to the author, drug punishment has been and continues to be a(n) ______________ tool for deterring violence in urban neighborhoods.
poor
During the Warren Court era (according to the author), the primary focus of criminal justice cases was mostly on _____________, on the ways in which local police officers, prosecutors, and trial judges did their jobs, not on the character of the conduct those local officials sought to punish.
procedure
Strain theory, social learning theory, labeling theory, and critical theories are examples of _______________.
sociological theories of crime causation.
According to the author, the ___________ policing strategies were more locally democratic, and the ________________ policing strategies were more the product of decisions by judges and politicians.
soft; tough
The original U.S. Constitution assumed a criminal justice system dominated by _____________.
state governments
The framers of the U.S. Constitution restrained government with procedural law but failed to so with substantive law for of all of these reasons EXCEPT that_____________
substantive law was frozen by the U.S. Constitution because these laws are based on fixed moral principles.
The author described ________________ as more relational, more brutal, more corrupt, and lazier...Officers licensed vice rather than prohibiting it, and regulated crime rather than stamping it out.
the Gilded Age
In Reynolds v. United States (1879), ______________.
the U.S. Supreme Court upheld the polygamy conviction, validating the federal government's ability to regulate social or morality issues.
Marble cake federalism refers to ________________.
the blurred lines of governmental levels
The author believes __________________
the criminal justice system has run off the rails.
The foundations of common law is derived from:
the two notions: do all you have agreed to do, and do not encroach on other persons or their property.
When Thomas Jefferson stated, "We have the wolf by the ears, and we can neither hold him nor safely let him go. Justice is in the one scale; self- preservation in the other," he was referring to ______________.
the worry of freeing slaves would result in a violent uprising.
