SOC 3710 Test 2

Constitutional Review

Focus is on the legality of laws in various countries and some basic rules for the operation of the courts.

French Police Nationale

Larger of two forces; operate in urban centers with more than 16,000 people.

Rule of law

Laws change but the Law must remain; provides the definition for what is a crime

Tazir Crimes

Least serious crimes under Islamic law; Examples include obscenity, provocative dress, eating pork, traffic violations, fraud, embezzlement, corruption, etc. Includes crimes not handled as hadd crime such as petty theft, homosexuality, and attempted adultery.

tazir

Restitution can replace retaliation under Islamic law as found in the use of: Chap. 5 Incorrect Response a) diyya b) dinero c) tazir d) re-attachment of amputated fingers

Adversarial systems

Role of the accuser moves from the individual to the state in an evolutionary continuation of private vengeance

Private prosecution

"Justiceland" allows the victim or the victim's relatives to initiate action against an offender. This process exemplifies: Chap. 7 a) retributive prosecution b) private prosecution. c) public prosecution. d) unlawful prosecution.

Technique of particularization

...

Due Process Model

A criminal justice perspective that emphasizes individual rights at all stages of justice system processing. Slow, complicated, protect individual rights.

Continuing investigation

A trial under the inquisitorial process is most like a(n): Chap. 5 a) contest between opposing sides. b) continuing investigations c) inhumane (at least by American standards) process wherein torture is used to extract confessions. d) Middle Ages trial technique especially popular for church trials.

Investigators will interrogate as a "witness" someone who is really a "suspect.

Access to defense counsel in Russia is clearly improved over what it was in Soviet times, but there remains a particular problem that some believe has compromised the right to counsel and protection against self-incrimination. Which of the following best reflects that concern? Chap. 7 a) Investigators will interrogate as a "witness" someone who is really a "suspect." b) Defense counsel has no right to be present during interrogation of the defendant. c) Defense counsel is not allowed to suggest new directions for the investigation (e.g., request that forensic experts be called). d) Rather than asking questions of the defendant directly, the court must always direct questions to the defense counsel.

Turkey

According to the You Should Know box in Chapter 4, Iran can be grouped with the religious states and ______ can be grouped with the secular states in terms of how each applies Islamic law. Chap. 4 a) Indonesia. b) Jordan. c) Saudi Arabia. d) Turkey.

Panel of judges

According to the textbook, which os the following is NOT a descriptor of how public prosecution can be accomplished? Chap. 7 a) Panel of judges. b) Office of public prosecution. c) Procurator d) Prosecution by other public officials . e) none of the above .

The French career judiciary

Also called the magistrature; includes the trial judge, the public prosecutor (procureur) and the investigating judge (juge d'instruction) ** (cal)

automobile

Although theft is a had requiring amputation of the offender's hand, only theft of the following item is likely to result in that punishment ? Chap. 5 a) Dry wood. b) Automobile c) Fruit d) Alcohol

Separated

At the completion of legal training in Justiceland," Linda must decide which legal career she wants to enter. Upon meeting the entrance requirements for that field, Linda will NOT be able to easily move to any other legal field. What kind of legal profession does "Justiceland" have? Chap. 7 a) Separated b) Adversarial c) Unified d) Inquisitorial

have overlapping authority

Bayley distinguishes between multiple coordinated and multiple uncoordinated systems to separate those countries where several forces operate with defined jurisdictions from countries where several forces: Chap. 6 a) have overlapping authority. b) have prosecution but not investigation authority. c) share training duties but not arrest authority. d) operate completely independently of each other in well delineated areas.

The assistance of counsel

Because trial proceeding under Islamic law are as much a mediation process as one of adjudication, the parties do not necessarily need: Chap. 7 a) the assistance of counsel. b) to be at the trial. c) to be heard by the judge. d) to distinguish which is the victim.

Chinese law

Broad and vague regarding the conduct prohibited and punishment; under communism; no specificity; justice without law being replaced by law without justice

Legal traditions

Certain countries share this with one another which are the basis for their groupings (ie. common, civil, islamic, and eastern asia)

People's Mediation Committee

Chinese citizens turned to each other to handle disputes by forming this justice structure.

Roman Law

Civil law; provided a tradition of codification in written form

Instruction

Felonies are handled through the extensive process of pretrial investigation called ___________ that characterizes most Civil Law systems.

Equity

Common law tradition; meaning fair or just; a sense of fairness

protect the rights of the accused

Criminal procedure rules are set up to ________________as well as serve the purpose of guiding many people engaged in the criminal justice process.

merely supplement rather than replaced, the Police Nationale

Despite the presence of locally controlled police, the textbook places France in the centralized command category because those local police forces: Chap. 6 a) are comprised of citizen volunteers. b) do not wear a uniform. c) merely supplement rather than replaced, the Police Nationale. d) all of the above. e) none of the above.

Civil/ecclesiastical

During the Fifth and Sixth Centuries, ___________ courts administered state law, while __________ courts managed canon law. Chap. 4 a) ecclesiastical/tribal b) civil/ecclesiastical c) French/papal d) Roman/Italian

Provided custom as a basis for building order

During the reign of Henry II, attempts were made to return order to England through the Constitutions of Clarendon, which: Chap. 4 a) established a court of equity. b) ended feudalism. c) provided custom as a basis for building order. d) merged church and state courts.

Garde a vue

During this process thesuspect can be held up to twenty-four hours without being charged. (In France)

US

Election of judges by the people is not a frequently found procedure by which persons become a judge. Which of the following countries is an exception to that? Chap. 7 a) Bolivia b) Israel c) Switzerland d) United States

Mesopotamian civilization

Emerged in Iraq (the region between Euphrates and Tigris rivers); emphasized commercial law

Europol

European law enforcement organization, established in 1992; headquartered in the Hague, Netherlands; prevents and combats criminal activity such as illicit drug trafficking, illicit vehicle trafficking, human being trafficking, terrorism, and money laundering.

Li and Fa

For purposes of comparative criminal justice, the essential principles of Confucianism lie in the concepts of: Chap. 4 a) Li and fa b) individualism and religion c) moral philosophy and oral tradition d) socialism and collectivism

Civil law countries

France and Germany are examples of _____________.

Diffuse model

Gives a county's entire judiciary the duty of constitutional control; when two laws conflict the judge must determine which of the two prevails and apply it.

36 hours

How long police can hold a suspect in England

Gendarmerie Nationale

If you were visiting a small village in France and needed a police officer, you would most likely contact a member of the: Chap. 6 a) Police Nationale. b) Gendarmerie Nationale. c) Foreign Legion. d) village police.

Supreme People's Court

In China, responsibilities include trying cases, supervising work of other courts, and giving judicial explanations of judicial process,

Magistrates Court

In England and Wales, unpaid personnel or justice of peace preside over these courts

PACE Act

In England, the accused persons have some basic rights guaranteed under a recently passed act called ______________. Gives police more power; the police have the right to start questioning before the lawyer arrives and the suspect can agree to begin to talk to police without the lawyer.

Police Court

In France, the basic tribunal for minor offenses is the ** (cal)

Cuerpo Nacional de Polica (National Police)

In Spain, responsible for policing urban areas; responsibilities include maintaining and restoring public order and security, issuing identity cards

France

In ______ it is important to remember that criminal offenses are divided into three categories that decide where the investigation begin-Contraventions (small, petty), Debits/Misdemeanors. and Felonies

d) written codes/a specific type of law dealing with private wrongs

In most parts of the world, the term civil law refers to a legal tradition based on ______; but in the United States, civil law more commonly refers to _______. Chap. 4 a) custom/violations against the state b) cannon law/indigenous law c) wrongs against individuals/violations against public morals d) written codes/a specific type of law dealing with private wrongs

Rigorous rules of evidence make conviction for hudud crimes difficult

In which of the following ways does Shari'a try to balance the harsh penalties required for hudud crimes? Chap. 5 a) The penalty can only be imposed by a jury of other Muslims b) The offender is anaesthetized before the penalty is applied c) Rigorous rules of evidence make conviction for hudud crimes Difficult d) The penalty is only imposed on male offenders

Investigations of flagrant offenses

In which type of investigation are the French judicial police (under the supervision of district prosecutors) given the most extensive search, seizure, and detention authority? Chap. 7 a) Identity checks b) Preliminary investigations c) Investigations of flagrant offenses d) All of the above, since French police have similar level of authority regardless of the offense type

Inquisitorial System

Investigation is key to truth. which seeks to find out what transpired. Islamic and socialist societies use this.

a combination of inquisitorial and adversarial.

Islamic procedural law is best described as: Chap. 5 a) inquisitorial. b) adversarial. c) a combination of inquisitorial and adversarial. d) none of the above.

Trial by Jury

Major contribution of the English to the criminal justice system world-wideis the right to a _________; began in 1200's

French Gendarmerie

Older of two police forces; responsible for enforcing the law in the rural areas of France and in communities that typically have fewer than 20,000 people.

Guardia Civil (Civil Guard)

Oldest national police force in Spain; this force is responsible for national security, crowd control, and customs.

a) Codes under common law are not revolutionary

One of the several reasons that common law codes are not the same as civil law codes is that common law codes do not abolish all prior law for that topic. Which of the following is the textbook's way to describe this difference? Chap. 4 a) Codes under common law are not revolutionary. b) Codes under common law replace, rather than extend, prior law. c) Codes under civil law are not revolutionary. d) Codes under civil law extend, rather than replace, prior law.

Immemorial custom

Since common law was unwritten law, to what did judges "turn" as they decided if an act was criminal or not? Chap. 5 a) Immemorial custom b) Oral historians c) Church documents d) A fifteenth century French code

Right to remain silent

Since the passage of the PACE Act, the accused can incriminate one's self...So, the accused are often urged to waive their ________________.

Inquisitorial systems

State as accuser replaces the individual in a developmental substitution for private vengeance.

Criminal behavior

Substantive law deals with defining _______.

Adversarial system

System which assumes truth will arise from a free and open competition over who has correct facts; emphasis is on trial; power is shared by attorneys, judge and jury but judge acts more as referee.

Inquisitorial system

System which truth is said to arise from a continuing investigation. A judicial official or set of officials acts as both prosecutor and judge, questioning witnesses, examining evidence, and reaching a verdict; emphasis on screening process.

Supply general principles from which logical deduction provides a resolution in each case.

The German and French theft codes: Chap. 5 a) show that civil law countries believe codes provide specific solutions to particular problems. b) supply general principles from which logical deduction provides a resolution in each case. c) are limited in scope due to restrictions on how much can be written for any one offense. d) exemplify the high degree of specificity typically found in procedural law from civil legal tradition countries.

Is a federal agency dedicated to the enforcement of federal statutes and executive orders.

The Royal Canadian Mounted Police and the FBI are similar agencies in that each: Chap. 6 a) can perform contract services for local governments. b) has primary responsibility for drug enforcement in their respective countries. c) is only one of more than 40 federal law enforcement agencies in their respective country. d) is a federal agency dedicated to the enforcement of federal statutes and executive orders.

is a federal agency dedicated to the enforcement of federal statutes and executive orders

The Royal Canadian Mounted Police and the FBI are similar agencies in that each: Chap. 6 a) can perform contract services for local governments. b) has primary responsibility for drug enforcement in their respective countries. c) is only one of more than 40 federal law enforcement agencies in their respective country. d) is a federal agency dedicated to the enforcement of federal statutes and executive orders.

cross-examination

The adversarial system is said to have developed from the trial by ordeal wherein disputes were settled by having the parties fight each other. The winner was presumed to have "truth" on his sides. In a sense, swords were used to oppose testimony. Today, ________ has taken the place of swords to challenge testimony. Chap. 5 a) questioning by judges. b) questioning by jurors c) an indictment d) cross-examination

all the courts in the country

The diffuse model of judicial review gives the duty of constitutional control to: Chap. 5 a) a special Constitutional Court. b) the country's Supreme Court. c) the legislature d) all the courts in the country.

juge d'istruction

The judicial police, the procurator and the proceed with the investigation; the person who does the investigation (France)

the case investigator include defense counsel in any investigative activities

The new constitutional provisions regarding defense counsel in Russia require that .** (cal)

adjudication

The process of ________________ is either adversarial or inquisitorial in nature.

koban and chuzaisho

The smallest area(s) of police deployment in Japan is (are) the: Chap. 6 a) koban and chuzaisho. b) police station. c) regional police bureau. d) prefectural police headquarters.

Represent themselves

The tendency in Islamic criminal trial proceedings is for the parties to _______. Chap. 7 a) be represented by an attorney versed in Shari'a b) be represented by their local imam c) be represented by the eldest male family members d) represent themselves

Confucianism, collectivism and context and legal informalism

The three major subtraditions forming the Eastern Asia tradition are. Chap. 4 a) fusion, philosophy, and individualism b) Corpus Juris Civilis, socialism, and codification c) Confucianism, collectivism and context, and legal informalism d) precedent, harmony, and formal justice

Roman law, canon law and codification

The three major subtraditions forming the civil legal tradition were: Chap. 4 a) precedent, equity and feudal practices. b) Roman law, canon law and codification. c) comitia centuriata, comitia tribute, and consilium plebes. d) code Napoloen, Corpus Juris Civilis, and precedent.

Common Law

Type of criminal procedure that can be seen here in the United States as well as in England

Civil Law

Type of law system used by France

Common law

This type of criminal procedures often include various rights: • Right to counsel • Right to remain silent • Trial by jury • Bail

Centralized single

This type of police force include Ghana, Ireland, Nigeria, Poland, and Saudi Arabia; one national police force is responsible for enforcing a single set of laws throughout an entire country.

Gendarmerie

Today, Spain has three major law enforcement systems. Which of the following is NOT one of them?. Chap. 6 a) Policia Municipal b) Gendarmerie c) Guardia Civil d) Cuerpo Nacional de Policia

decentralized

Today, the day-to-day operations of German policing are __________to the state-policing is essentially a state matter.

Higher Council of the Judiciary

Top of Saudi court hierarchy that has both administrative and judicial powers.

Islamic Legal Tradition

Under which legal tradition do legal rights and obligations always lie with the individual? a)Common legal tradition b) Eastern Asia legal tradition c) Islamic legal tradition d) None of the above apply to the legal rights/obligations of the individual

Stare decisis

Use of precedent; courts are expected to abide by decided cases (England)

United States

Very few countries have a policing system wherein many police departments operate in a rather uncoordinated manner without any central authority providing administrative direction. Mexico is one such country. Which of the following is another? Chap. 6 a) United States b) Poland c) Japan d) Nigeria

Crime control Model

Viewpoint that believes crime must be represssed, factual guilt should be identified, , A model of the criminal justice system that assumes freedom is so important that every effort must be made to repress crime; it emphasizes efficiency, speed, finality, and the capacity to apprehend, try, convict, and dispose of a high proportion of offenders.

Command type and number of forces to be supervised

What dimension of analysis does Bayley use to describe the structure of police systems? Chap. 6 a) The locus of control and command type. b) Centralized and decentralized supervision. c) Actual locus of control and stated locus of control. d) Command type and number of forces to be supervised.

Economics

What single factor best explains Canada's contracting system of policing? Chap. 6 a) Economics b) Politics c) Religion d) Bilingualism e) None of the above are applicable to Canada's contracting system

The preference for informal justice

When Japan's laws avoid making any formal distinction regarding levels of culpability, they exemplify which aspect of substantive law in the Eastern Asia legal tradition? Chap. 5 a) Specificity b) The reliance on fa and li c) The influence of communism d) The preference for informal justice

Colorado

When comparing laws of theft in the common legal tradition (represented in the text by Colorado) and civil legal traditions (represented by Germany and France), which jurisdiction had the most detailed definition? Chap. 5 a) Colorado b) Germany. c) France. d) They are all equal in detail.

Question of fact

When the court is deciding if the accused is guilty or innocent, the court is addressing a(n): Chap. 7 a) substantive law issue. b) question of law. c) question of fact d) issue of rapport

Legal system

When we refer to legal institutions, procedures, and rules, we are referring to a: Chap. 4 a) legal system. b) justice entity. c) legal tradition. d) justice process.

Ghana

Which country does your textbook offer as an example of a centralized single police structure? Chap. 6 a) Ghana b) Mexico c) Japan d) Spain

UNITED STATES

Which of following has a police structure most like that of Mexico? Chap. 6 a) Japan b) United States c) Canada d) Austria

Hanafi

Which of the following is NOT a category of crime as identified in the Shari'a? ? Chap. 5 a) Hudud b) Hanafi c) Qisas d) Tazir

Whether the offender was male or female

Which of the following is NOT a criterion for a Had theft? Chap. 5 a) The value of the item taken b) Whether or not the item was taken from a secured location c) Whether the offender was male or female d) Whether the act occurred in a concealed or sneaky manner

It is intermittent (it may be abandoned or interrupted but always returns).

Which of the following is NOT a feature of legal custom as conceived by Blackstone? Chap. 4 a) It is ancient (no one can remember its beginning). b) It is intermittent (it may be abandoned or interrupted but always returns). c) It is compulsory (it is not obeyed at option). d) It is consistent (one custom cannot contradict another).

Legal Tradition

Which term refers to deeply rooted and historically conditioned attitudes about things such as the nature of law and the role of law in society? Chap. 4 a) Legal system b) Legal tradition c) Due process d) Attitudinal jurisprudence

Schupo

While vacationing in Germany, you meet a uniformed city police officer. Which police division is this officer with? Chap. 6 a) Schupo. b) Kripo. c) Bereitschaftspolizei. d) Deutsche Volkspolizei.

Muslims traditionally act for themselves or rely on relatives or character witnesses.

Why are defense lawyers scarce in Islamic law? Chap. 7 a) They are not specifically authorized in the Qur'an. b) There is no trial in Islamic law. c) Muslims traditionally act for themselves or rely on relatives or character witnesses. d) Defense lawyers are too expensive for the common defendant.

All three forces operate under the authority of the national government

Why is Spain, with three different law enforcement systems, considered centralized? Chap. 6 a) All three forces operate under the authority of the national government. b) All three forces report to local authorities. c) The Spanish Supreme Court has ultimate control of all three agencies since all police in Spain are members of the judicial police. d) All three forces are deployed from Madrid at the first of each month and serve one month duty at either the civilian, military, or local level.

If left unchecked it could disrupt the social fabric of the community.

Why is adultery considered one of the hudud offenses? Chap. 5 a) It violates the property rights of the husband whose wife engaged in the adultery. b) It prevents religious officials from being able to control who is engaged in sexual relations. c) If left unchecked it could disrupt the social fabric of the community. d) Actually, adultery is not a hadd.

a) It provides a way to identify custom through reference to earlier case decisions.

Why is precedent considered a basic concept in the common legal tradition? Chap. 4 a) It provides a way to identify custom through reference to earlier case decisions. b) It forces judges to follow the written code. c) It allows laypeople (jurors) to influence the law. d) It refers to the process legislators must follow when they create common law.

Criminal Procedure

a set of rules developed to redress to some extent the awesome imbalance of power between the accused and the state.

Custom, feudal practices and equity

he three major subtraditions forming the common legal tradition are. Chap. 4 a) Roman law, canon law, and precent b) feudal practices, Corpus Juris Civilis, and mazalim c) custom, feudal practices and equity d) cannon law, ecclesiastical law, and jus honorarium