Criminal Justice Exam One

The term actus reus refers to the:

Guilty act

The term insanity:

Is a legal concept only

Adam is a 16 year old who has a history of strange behavior. He is now being homeschooled by his mother because he has a difficult time relating to his peers. His psychologist has diagnosed him with bi-polar disorder. One afternoon Adam goes to the high school that he once attended. He brings his fathers revolver and attempt to shoot a few of his former classmates and teacher. He misses all of his targets and flees the school. He is later apprehended in his home when the principal is able to identify hime through the schools video surveillance. Adam is certain that he is not old enough to get in trouble for the crime of attempted murder. His lawyer explains to him that there is a conclusive presumption of incapacity for a child under the age __, and that he is legally allowed to be charged for these crimes.

7

Johnny was arrested for robbery. In his state robbery is a second degree felony and Johnny can be sentenced to up to 20 years in prison. Johnny has never been arrested before and is not familiar with the criminal justice system. Johnny was presented with the option of a reduction of his charges from a robbery to a burglary, and a sentence of 5 years in prison instead of 20 years. This is an example of a plea bargain. If Johnny accepts this plea bargain he will be one of the ___% of all cases that end in a plea bargain.

90%

This type of decision making is professional decision making that is guided by education, training, and experience

Discretionary decision making criteria

These are characteristics that infect decision making which can produce illegal, discriminatory, and unfair decisions

Discriminatory decision making criteria

Which of the following is not a problem associated with the National Crime Victimization Survey (NCVS)?

Incomplete acts are lumped together with completed acts

A spree killer:

Spreads their murderous outburst over a few days or weeks

What determines what types of conduct constitute felonies or misdemeanors?

Statutes

Minority group members are more likely to be formally ________ than European Americans

Stopped, searched, and arrested

Which of the following is not an explanation regarding gender differences in the crime rate?

girls are granted greater personal freedom

The peak age for property crime is 16, and the peak age for violent crime is?

18

The UCR indicated that police clear slightly more than _______ percent of all reported Part 1 crimes each year?

20 percent

The criminal justice system is vast, employing more than 2.4 million people and costing federal, state and local governments about ______ per year, up more than 300% since 1982.

200 billion

African Americans make up about 12 percent of the general population, yet account for approximately _______ percent of violent crime arrests

40

Your local police department is concerned with this year's most recent crime statistics. The police chief meets with city officials and his higher ranking police personnel. They meet to discuss potential policies and procedures in order to reduce the crime rates in their city. One higher ranking police captain believes that the increase in instrumental crimes is the problem. What is an example of an instrumental crime?

A young man that shoots the cashier of a convenience store that he is attempting to rob

Johnny has been burglarizing houses since he was 12 years old. He is now 25 years old and he is becoming more violent in his crimes. Now he actually commits his burglaries when people are home and is in possession of a firearm when he commits his burglaries. The elements of an armed burglary include: -willfully ender a dwelling -be armed or arm themselves after entering the house, or commit an assault on a person who is lawfully in the house -knowingly and intentionally commit the crime Illegally entering the home of another satisfies the element of:

Actus Reus

The term criminal justice system was first used by the _______________ to reflect a view that justice agencies could be connected in an intricate yet often unobserved network of decision-making processes.

American Bar Foundation project

Who is not part of the courtroom work group?

Bail Bondman

He is credited as being one of the forerunners of the classical school

Beccaria

Warden Smith supervises 2000 male inmates who are incarcerated for various reasons including murder, rape, robbery, drugs, theft, arson, etc.... He meets with very inmate who is sentenced to his prison. He likes to get an understanding of where each inmate came from and how he can possible help each inmate from returning to his institution once released. Larry meets with Warden Smith. Larry has been to prison 3 previous times. He told Warden Smith that he has committed hundreds of other crimes that he never caught for. His current conviction is for drug dealing. Larry was willing to take the chance in dealing drugs because he was going to make over $100,000 for the transaction and he thought the potential profit was worth the risk and the effort. Which theory would most likely support why Larry committed his crime?

Choice

Johnny has been burglarizing houses since he was 12 years old. He is now 25 years old and he is becoming more violent in his crimes. Now he actually commits his burglaries when people are home and is in possession of a firearm when he commits his burglaries. The elements of an armed burglary include: -willfully ender a dwelling -be armed or arm themselves after entering the house, or commit an assault on a person who is lawfully in the house -knowingly and intentionally commit the crime One of Johnnys armed burglary victims also wants t sue Johnny for personal injuries that sustained after Johnny attacked him during the armed burglary. What type of law would govern this personal lawsuit?

Civil Law

This school of thought has a principle of hedonism which suggests that reward and punishment are the major determinants of choice

Classical School

Which view of crime promotes that there is a class struggle between the rich and the poor?

Conflict

According to the __________ view of crime, behaviors that become crimes are essentially harmful to a majority of citizens and therefore there is a general agreement regarding which behaviors need to be controlled

Consensus

In Florida, chapter 782.04 of the Florida State Statues explains the crime of murder. Section 1 of the statue reads: "Murder.---(1)(a) The unlawful killing of a human being: When perpetrated from a premeditated design to effect the death of the person killed or any human being Which agency in the criminal justice system is responsible for the adjudication of this case if Samantha has been arrested and charged with this crime of murder?

Courts

A local police department is noticing that there is an increase in the number of serious felonies that are being committed. The department forms a task force to assess the extent of the problem. Officers from the detective bureau, the vice squad, and the crime analysis division meet to discuss the problem and begin investigating these crimes. NARREND One of the officers on the task force expresses his frustration with the criminals who are committing these crimes. He believes that the police department needs to work aggressively to apprehend these offenders, and that society must be protected from them through harsh punishment. What perspective is this officer promoting?

Crime Control

Which of the following explanations of criminal behavior would not be acceptable to a positivist?

Criminal behavior is due to individual choice

Civil law includes all of the following except:

Criminal. It includes contract, commercial, and tort.

Warden Smith supervises 2000 male inmates who are incarcerated for various reasons including murder, rape, robbery, drugs, theft, arson, etc.... He meets with very inmate who is sentenced to his prison. He likes to get an understanding of where each inmate came from and how he can possible help each inmate from returning to his institution once released. Warden Smith meets Jamaal. He is sentenced to 20 years in prison for armed robbery. Jamaal is argumentative and is firm believer that the criminal justice system is just a mechanism to control the poor. He thinks that the government should be focusing on the crimes that the wealthy commit and not those of the lower-class community. Jamaal would most likely support which theory?

Critical

The number of crimes committed but not known to the police

Dark figure of crime

This is when defendants have to prove they couldn't have committed the crime because they were somewhere else when the crime was committed

Defendant of alibi

This is when defendant admits what they did was wrong, but they argue, under the circumstances they were not responsible for their actions

Defense of Excuse

The classic ____________ is self defense: "I killed him because he was just about to kill me"

Defense of justification

This is when a defendant admits they are responsible for their actions, but, they argue, under the circumstances they did the necessary thing

Defense of justification

Substantive criminal law is primarily concerned with:

Defining crimes and their punishment

In Florida, chapter 782.04 of the Florida State Statues explains the crime of murder. Section 1 of the statue reads: "Murder.---(1)(a) The unlawful killing of a human being: When perpetrated from a premeditated design to effect the death of the person killed or any human being Which branch of government is responsible for enforcing this statue?

Executive

Johnny has been burglarizing houses since he was 12 years old. He is now 25 years old and he is becoming more violent in his crimes. Now he actually commits his burglaries when people are home and is in possession of a firearm when he commits his burglaries. The elements of an armed burglary include: -willfully ender a dwelling -be armed or arm themselves after entering the house, or commit an assault on a person who is lawfully in the house -knowingly and intentionally commit the crime Johnny is looking at spending many years in prison if he is convicted of the most recent armed burglary he is accused of. Because of the potential punishment, the crime of armed burglary most like qualifies as a:

Felony

Adam is a 16 year old who has a history of strange behavior. He is now being homeschooled by his mother because he has a difficult time relating to his peers. His psychologist has diagnosed him with bi-polar disorder. One afternoon Adam goes to the high school that he once attended. He brings his fathers revolver and attempt to shoot a few of his former classmates and teacher. He misses all of his targets and flees the school. He is later apprehended in his home when the principal is able to identify hime through the schools video surveillance. Adam tells is attorney he should not be responsible for these charges because he was drink when he went to the school to commit these offenses and that he did know what he was doing. Under which circumstance below would Adam have a legitimate defense of intoxication?

He became intoxicated when he drank the juice in the refrigerator that he did not know was spiked with rum, and the alcohol mixed with his medication for his bi-polar disorder

Mary and Louise are both 15 years old. They were both arrested and each charged with stealing a vehicle. Mary stole a car from the teacher's parking lot at her school. Louise stole her neighbor's car when she decided that she wanted to drive to go see her boyfriend. They both meet with Mr. Brown, a juvenile probation officer, who is trying to recommend whether or not they should be detained in a juvenile detention center prior to the disposition of their cases. When Mr. Brown asks Mary if she thought twice about stealing the car from the teacher's parking lot she replied, "when i saw that the gate was open and there was no security officer around, I had no fear of stealing the car." What situational crime prevention tactic could have prevented this crime from occurring?

Increase the effort needed to commit the crime

Which view of crime contends that there are moral entrepreneurs who want to control behaviors that they view as immoral or wrong?

Interactionist

Mr. and Mrs. Jones receive a survey that asks them about information on crimes that they have suffered. They are asked a series of questions to assess if they individually have been victims of crime but also if their household has been victimized. What would be a weakness in the results of the survey that Mr. and Mrs. Jones are participating in?

It relies on the victims memory and honesty

When are the most crimes reported?

July

Adam is a 16 year old who has a history of strange behavior. He is now being homeschooled by his mother because he has a difficult time relating to his peers. His psychologist has diagnosed him with bi-polar disorder. One afternoon Adam goes to the high school that he once attended. He brings his fathers revolver and attempt to shoot a few of his former classmates and teacher. He misses all of his targets and flees the school. He is later apprehended in his home when the principal is able to identify hime through the schools video surveillance. Adams attorneys are also contemplating using the insanity defense. Who will weigh the evidence and make the legal determination that Adam is in fact insane at his jury trial?

Jury

Self-report surveys are conducted most often on which of the following groups?

Juveniles

This form of intent is when you know that you are committing an act or causing harm but you are not acting for that purpose

Knowing Intent

Excuse defense ultimately rests on proving:

Lack of intent

What are the three main components into which the contemporary criminal justice system is generally divided?

Law enforcement, the courts, and the correctional system

In Florida, chapter 782.04 of the Florida State Statues explains the crime of murder. Section 1 of the statue reads: "Murder.---(1)(a) The unlawful killing of a human being: When perpetrated from a premeditated design to effect the death of the person killed or any human being Which branch of government defined this law, determined that this is conduct that is prohibited, and established the criminal penalties for those who violate this law?

Legislative

These are the characteristics for decisions making that produce legal, fair, and smart decisions

Legitimate decision making criteria

A local police department is noticing that there is an increase in the number of serious felonies that are being committed. The department forms a task force to assess the extent of the problem. Officers from the detective bureau, the vice squad, and the crime analysis division meet to discuss the problem and begin investigating these crimes. NARREND The task force determines that the most common crimes being committed are robberies and burglaries where the typical amount stolen from each home is approximately $10,000. The officers realize that they are dealing with professionals. At which level on the criminal justice wedding cake do these crimes qualify?

Level 2

Warden Smith supervises 2000 male inmates who are incarcerated for various reasons including murder, rape, robbery, drugs, theft, arson, etc.... He meets with very inmate who is sentenced to his prison. He likes to get an understanding of where each inmate came from and how he can possible help each inmate from returning to his institution once released. Warden Smith also receives the background and criminal history of all offenders who enter his prison. He notices a common theme of many of his inmates began offending at a very early age and they continued to offend well into adulthood. These inmates are considered to be:

Life-course persisters

The founding father of positivism is ___________

Lombroso

__________ Studied biological factors and argued that criminals were "born criminal"

Lombroso

This term is used to describe acts that are only wrong because they are prohibited

Mala prohibita

This term is used to describe acts that are inherently wrong such as murder

Male in se

Criminal negligence is a form of:

Mens rea

Johnny has been burglarizing houses since he was 12 years old. He is now 25 years old and he is becoming more violent in his crimes. Now he actually commits his burglaries when people are home and is in possession of a firearm when he commits his burglaries. The elements of an armed burglary include: -willfully ender a dwelling -be armed or arm themselves after entering the house, or commit an assault on a person who is lawfully in the house -knowingly and intentionally commit the crime knowing and intentionally committing the armed burglary satisfies the element of:

Mens rea

The classification of __________ refers to crimes that are minor offenses punishable either by fines or up to one year in jail

Misdemeanor

One of the most important sources of self-report data is the _________ study, conducted annually using approximately 2,500 high school seniors.

Monitoring the Future

Mary and Louise are both 15 years old. They were both arrested and each charged with stealing a vehicle. Mary stole a car from the teacher's parking lot at her school. Louise stole her neighbor's car when she decided that she wanted to drive to go see her boyfriend. They both meet with Mr. Brown, a juvenile probation officer, who is trying to recommend whether or not they should be detained in a juvenile detention center prior to the disposition of their cases. According to the routine activities theory Mary would be considered a:

Motivated offender

Mr. and Mrs. Jones receive a survey that asks them about information on crimes that they have suffered. They are asked a series of questions to assess if they individually have been victims of crime but also if their household has been victimized. What crime would they not be questioned about?

Murder

Which of the following crimes are exceptions to the warm- weather crime trend?

Murder and robbery

Mr. and Mrs. Jones receive a survey that asks them about information on crimes that they have suffered. They are asked a series of questions to assess if they individually have been victims of crime but also if their household has been victimized. What is the name of the survey that Mr. and Mrs. Jones are taking part in?

NCVS

Which data source relies on a multi-stage sample of housing units to collect information about citizen's encounters with criminals?

National Crime Victimization Survey

This is unconsciously creating an unreasonable risk of harm

Negligent intent

Mary and Louise are both 15 years old. They were both arrested and each charged with stealing a vehicle. Mary stole a car from the teacher's parking lot at her school. Louise stole her neighbor's car when she decided that she wanted to drive to go see her boyfriend. They both meet with Mr. Brown, a juvenile probation officer, who is trying to recommend whether or not they should be detained in a juvenile detention center prior to the disposition of their cases. When Mr. Brown meets with Louise he asks her the same questions he asked Mary about her background. Louise explains that she has been arrested ten times before for various charges including drug possession, burglary, and assault. Louise also explains that she has been diagnosed with ADHD and learning disabilities and she does not always know why she does the things she does. Which biosocial view of crime would best explain Louise's behavior?

Neurological

Mary is a student at a community college in New York. She is in the United States on a student visa that allows her to remain in the United States until she obtains her master's degree in biology. Mary is considering returning to her home country because she is concerned with the increase in crime at her college and surrounding area. Mary attempts to find information on the crime rates in her home town to compare to those in the city where she currently attends college. After doing research on U.S. crime rates over the past few years, Mary is surprised to learn:

Over the past two decades both violent and property crimes have been significantly decreasing

Biological and psychological theories of human behavior fall under this school of thought

Positivism

Johnny was arrested for robbery. In his state robbery is a second degree felony and Johnny can be sentenced to up to 20 years in prison. Johnny has never been arrested before and is not familiar with the criminal justice system. If the arresting officer believes that sufficient evidence exists to charge Johnny with a crime who will the case be turned over to next that can actually charge Johnny?

Prosecutor

Which of the following is a public order crime?

Prostitution

Your local police department is concerned with this year's most recent crime statistics. The police chief meets with city officials and his higher ranking police personnel. They meet to discuss potential policies and procedures in order to reduce the crime rates in their city. The mayor is more concerned with violent crimes. She believes that when people hear that her city has experienced an increase in violent crimes they will no longer come to visit. Since the city is a city on the beach, she is concerned that the most recent crime statistics will cause a decrease in tourism revenues. If the mayor is most concerned with violent crimes, what crime is she not concerned with?

Prostitution

Which type of law deals with the state of government agencies and controls their administrative relationships with individuals, corporations, or other branches of government

Public law

Your local police department is concerned with this year's most recent crime statistics. The police chief meets with city officials and his higher ranking police personnel. They meet to discuss potential policies and procedures in order to reduce the crime rates in their city. The police chief believes that the department needs to focus on crimes like prostitution and drug abuse because the two are interconnected and he believes both are linked to more serious crimes. Drug use and prostitution are examples of:

Public order crimes

This is also referred to as specific intent. You meant to do it.

Purposeful intent

These theorists argue that individuals personally weigh the costs and benefits of committing crime

Rational Choice

This is consciously creating a risk of causing criminal harm

Reckless intent

A local police department is noticing that there is an increase in the number of serious felonies that are being committed. The department forms a task force to assess the extent of the problem. Officers from the detective bureau, the vice squad, and the crime analysis division meet to discuss the problem and begin investigating these crimes. NARREND Another officer expresses that those committing these crimes are probably doing so as an expression of frustration and anger created by social inequality. In his view what is needed?

Rehabilitation

This theory suggests that, in order for a crime to occur, you must have a suitable target, motivate offender, and a lack of capable guardianship

Routine Activities Theory

Which type of study provides information on the personal characteristics of offenders such as their attitudes, values, beliefs, and psychological profiles?

Self- Report studies

What is not a type of excuse defense?

Self-defense

Because some individuals are so dangerous that must be outlawed outright or regulated, the contemporary criminal justice society uses the instrument known as:

Social Control

Warden Smith supervises 2000 male inmates who are incarcerated for various reasons including murder, rape, robbery, drugs, theft, arson, etc.... He meets with very inmate who is sentenced to his prison. He likes to get an understanding of where each inmate came from and how he can possible help each inmate from returning to his institution once released. Joey is in prison for attempted murder. He got into a fight at a local bar with a man who he was drinking some beers with. The man made a comment about Joeys girlfriend and Joey just snapped and beat him until he was unconscious. The man was in a coma for a few months before he woke up. The main sustained permanent brain damage. Warden Smith asked Joey why he did not just walk away from this man who commented about his girlfriend. Joey explained to Warden Smith that he always saw his father and uncles handle disagreements by fist-fighting. He said this the only way he knows how to settle disputes. Joey asks for help from Warden Smith. What theory would explain Joeys behavior?

Social learning

Warden Smith supervises 2000 male inmates who are incarcerated for various reasons including murder, rape, robbery, drugs, theft, arson, etc.... He meets with very inmate who is sentenced to his prison. He likes to get an understanding of where each inmate came from and how he can possible help each inmate from returning to his institution once released. Warden Smith has met thousands of inmates who ave some into his prison. He firmly believes that the majority of people who commit crime do so because of social structure theories. Which of the following is not considered a social structure theory?

Social learning

Mary and Louise are both 15 years old. They were both arrested and each charged with stealing a vehicle. Mary stole a car from the teacher's parking lot at her school. Louise stole her neighbor's car when she decided that she wanted to drive to go see her boyfriend. They both meet with Mr. Brown, a juvenile probation officer, who is trying to recommend whether or not they should be detained in a juvenile detention center prior to the disposition of their cases. Mr. Brown meets with Mary first. He inquires about her background and where she is from. Mary explains to Mr Brown that she knows that stealing a car is wrong but that she is frustrated that her parents do not have enough money to buy her a car. When she saw a teacher's nice car in the parking lot she felt that she deserved to have it. Which theory would explain Mary's crime?

Strain

Mary and Louise are both 15 years old. They were both arrested and each charged with stealing a vehicle. Mary stole a car from the teacher's parking lot at her school. Louise stole her neighbor's car when she decided that she wanted to drive to go see her boyfriend. They both meet with Mr. Brown, a juvenile probation officer, who is trying to recommend whether or not they should be detained in a juvenile detention center prior to the disposition of their cases. Louise also explains that she was diagnosed with a psychiatric disorder. She cannot remember the name of the disorder. Mr. Brown is waiting for her case file to see her diagnosis. Which of the following is not a psychiatric disorder that Louise is likely to have?

Strain disorder

Johnny has been burglarizing houses since he was 12 years old. He is now 25 years old and he is becoming more violent in his crimes. Now he actually commits his burglaries when people are home and is in possession of a firearm when he commits his burglaries. The elements of an armed burglary include: -willfully ender a dwelling -be armed or arm themselves after entering the house, or commit an assault on a person who is lawfully in the house -knowingly and intentionally commit the crime In addition t armed burglary charges, Johnny is being investigated for statuary rape charges. He has been having sexual relations with his girlfriend, who is 14 years of age. She lied to Johnny and told him she was 19 years old. Prosecutors are able to prove that she is 14 years of age, which means she is younger than the age of sensing for sexual intercourse in the jurisdiction where the sexual relations took place. Johnny claims that he should not be charged with this crime because he did not have the intent to commit a crime. He claims it was an honest mistake because his girlfriend looks a lot older. According to the law, Johnny can still be held responsible for his actions because of this crimes qualifies as:

Strict Liability crime

In which season do the greatest numbers of reported crimes occur?

Summer

Adam is a 16 year old who has a history of strange behavior. He is now being homeschooled by his mother because he has a difficult time relating to his peers. His psychologist has diagnosed him with bi-polar disorder. One afternoon Adam goes to the high school that he once attended. He brings his fathers revolver and attempt to shoot a few of his former classmates and teacher. He misses all of his targets and flees the school. He is later apprehended in his home when the principal is able to identify hime through the schools video surveillance. Adams lawyer attempts to have Adams confession thrown out of the criminal trial as evidence because he believes the confession was obtained unfairly. What amendment will Adams Lawyer use to argue against the use of his confession?

The 5th

Adam is a 16 year old who has a history of strange behavior. He is now being homeschooled by his mother because he has a difficult time relating to his peers. His psychologist has diagnosed him with bi-polar disorder. One afternoon Adam goes to the high school that he once attended. He brings his fathers revolver and attempt to shoot a few of his former classmates and teacher. He misses all of his targets and flees the school. He is later apprehended in his home when the principal is able to identify hime through the schools video surveillance. In the jurisdiction where Adam is being charged with attempted murder they use the irresistible Impulse test in determining insanity. What are the requirements of the Irresistible Impulse test?

The defendant did know that his actions were illegal, but because of a mental impairment, he couldn't control his behavior

Mary is a student at a community college in New York. She is in the United States on a student visa that allows her to remain in the United States until she obtains her master's degree in biology. Mary is considering returning to her home country because she is concerned with the increase in crime at her college and surrounding area. Mary attempts to find information on the crime rates in her home town to compare to those in the city where she currently attends college. Why will it be difficult for Mary to compare the crime rates in a U.S. city with her hometown of London, England?

There are differences in the way crime is measured

Which of the early forms of judicial proceedings involved a determination of guilt based on the ability of the accused to withstand placing his hand in boiling water or holding a hot iron?

Trial by ordeal

Which of the following is considered official crime data collected by the FBI?

Uniform Crime Report

The effect of intoxication upon criminal liability depends on:

Whether the defendant voluntarily becomes intoxicated by using drugs or alcohol

Which element of a crime is met when someone commits an aggressive act?

actus reus

In the ________ School, proponents would argue for punishment over treatment largely because you believe people are committing crime as a result of free will

classical school

Your local police department is concerned with this year's most recent crime statistics. The police chief meets with city officials and his higher ranking police personnel. They meet to discuss potential policies and procedures in order to reduce the crime rates in their city. One improvement that the police chief is pleased with is the fact that over 45% of all of the cities' Part I crimes have resulted in arrest. When an offender is arrested and charged with a crime the offense is considered:

cleared

In the ________ School, sociologists believe that crime is caused or determined by biological, psychological, or sociological traits

positivist school

Which of the following crimes is not included in the Uniform Crime Report's list of Part 1 or index crimes?

simple assault

Which region of the United States has the highest property of violent and crime rates?

south