CJ 490 - Final

To decide how you will act, you consider the ethical systems that might apply to the situation. If you decide to refuse the inmate's request because you believe your duty to your job requires you to follow the rules completely, which ethical system would this illustrate? a. Ethical formalism b. Utilitarianism c. Ethics of care d. Teleological ethics

a. Ethical formalism

What system of ethics supports a retributive view of punishment? a. Ethical formalism b. Ethics of care c. Relativism d. Utilitarianism

a. Ethical formalism

In ____________________, the Supreme Court held that the prosecution must disclose deals made with informants. a. Giglio v. United States b. Minnesota v. White c. Brady v. Maryland d. Nix v. New Jersey

a. Giglio v. United States

Which of the following areas of criminalistics is the least reliable? a. Hair analysis b. DNA testing c. Ballistics testing d. Fingerprint analysis

a. Hair analysis

You are a prosecutor preparing for a case that has garnered significant media attention. As the trial date approaches, you have several important matters to attend to. The judge assigned to the case is facing re-election in a few months. You have been informed that the defense attorney is planning to make a contribution to the judge's campaign fund, so you make a motion for recusal. The judge denies your motion. Which of the following is correct about this situation? a. It is up to the judge to decide whether to recuse himself or herself. b. The recusal motion will be heard by a separate judge, usually the supervisor of the judge in question. c. In this situation, you have no power to make a recusal motion. d. Both attorneys must agree to submit a recusal motion before any action will be taken on it.

a. It is up to the judge to decide whether to recuse himself or herself.

Which of the following is true regarding a probation or parole officer's power to recommend revocation? a. The officer makes a recommendation only. b. The officer instructs the judge, who must issue an order according to the officer's decision. c. The officer decides whether or not to revoke, and no further court action is required. d. None of the above is correct.

a. The officer makes a recommendation only.

Even though the offender does not wish to be confined, the judge agrees that this is the best course of action, for both the community and the offender. Which of the following ethical systems does not support this decision? a. Utilitarianism b. Ethics of care c. Ethical formalism d. Teleological ethics

a. Utilitarianism

The Innocence Project is: a. a loose affiliation of lawyers who identify cases where a prisoner may be innocent. b. an attempt to educate judges and lawyers about the problems of unfair jury selection practices. c. a project started in Dallas by county prosecutors in which all felony convictions are reviewed for accuracy. d. an investigation that targeted corrupt judges.

a. a loose affiliation of lawyers who identify cases where a prisoner may be innocent.

A defense attorney who strictly adheres to the Model Rules is exhibiting the ethical system known as: a. ethical formalism. b. utilitarianism. c. ethics of care. d. egoism.

a. ethical formalism.

A new supermarket is being built. The county has required the owner to designate at least eight handicap parking spaces. The county installed a sign in front of each space to indicate that it is reserved for vehicles with a proper sticker. The sign also announces a $250 fine for violators. The intention behind the sign is to announce to the community at large that there will be a stiff penalty to pay for violating the rule. The belief is that drivers who risk a small fine by parking illegally elsewhere, such as against the curb, will not risk the large fine for parking illegally in the handicap spaces. This point of view is known as: a. general deterrence. b. specific deterrence. c. expiation. d. incapacitation.

a. general deterrence.

According to a study cited in the text, correctional managers attribute misconduct to: a. low pay and poor screening during hiring. b. unreasonably long shifts. c. supervisors being required to oversee too many employees. d. a lack of adequate equipment and supplies.

a. low pay and poor screening during hiring.

Another officer, a veteran, sees that you have retrieved dental floss and asks what you intend to do with it. After you explain, he warns that it is not a good idea. Sometimes, a seemingly innocent request to break the rules turns out to just be the start, and once you have broken the rules, the inmate has something to hold over you. This can lead to more and more problematic requests and demands. This process is known as: a. slippery slope. b. officer accommodation. c. cycle of obligation. d. reciprocity.

a. slippery slope.

The offender explains to the victim that he didn't consider that there was a person who suffered as a result of his vandalism; to him, it was "just a building," and "the company" would fix whatever damage he did. A restorative solution attempts to achieve all of the following except: a. stigmatizing the offender so that his shame will deter him from re-offending. b. leading the offender to understand the harm suffered by the victim. c. forcing the offender to acknowledge his own responsibility. d. reducing the offender's sense that punishment for his actions is unfair.

a. stigmatizing the offender so that his shame will deter him from re-offending.

Ethically, it seems as though the punishment is well out of proportion for the transgression. However, it seems as though it is worth the harm done to a few rule breakers if the punishment prevents others from parking there. In other words, the "good" to the general community outweighs the harm of the severe individual penalty. The philosophy that supports this is: a. utilitarianism. b. ethics of care. c. deontological ethics. d. ethical formalism.

a. utilitarianism.

What Supreme Court case linked release from prison to inadequate medical care? a. Hudson v. McMillian b. Brown v. Plata c. Madrid v. Gomez d. Washington v. Harper.

b. Brown v. Plata

Which of the following is true regarding coercive sexual contact in prisons? a. Coercion is more likely to be present between female officers and male inmates. b. Coercion is more likely to be present between male officers and female inmates. c. Coercion is more likely to be present between female officers and female inmates.

b. Coercion is more likely to be present between male officers and female inmates.

____________________ is the profession involved in the application of science to recognize, identify, and evaluate physical evidence in court proceedings. a. Criminal investigative science b. Criminalistics c. Criminal technologist d. Crime scene technician

b. Criminalistics

Which ethical system would only support punishment as a last resort? a. Ethical formalism b. Ethics of care c. Relativism d. Utilitarianism

b. Ethics of care

Which of the following statements is a conclusion that can be drawn from the Stanford Prison Experiment? a. Male guards should not be put in charge of female inmates. b. The prison environment causes people to act in ways that they would not otherwise. c. Funding for rehabilitative programs is inadequate. d. Longer periods of training tend to produce better correctional officers.

b. The prison environment causes people to act in ways that they would not otherwise.

You are an attorney, and the local court has appointed you to represent a defendant who has been charged with aggravated assault and battery. The prosecutor originally intended to charge attempted murder. The victim suffered serious injury, and the police suspected that a weapon of some type was used, but never was able to find one. The defendant has maintained that there was no weapon. Despite your client's insistence that he is innocent, you urge him to accept a plea bargain. You are motivated largely by a desire to dispose of the case as quickly and efficiently as possible. Your actions embody the notion of: a. consensus paradigm. b. bureaucratic justice. c. "Model Rules." d. division of labor.

b. bureaucratic justice.

The warden considers covering up the situation, with the rationale that he stands to be fired or demoted if the situation becomes known outside the institution. This would be an application of the _______________ viewpoint. a. deontological b. egoism c. utilitarian d. Marxist

b. egoism

The ethical system that justifies passing a law for the purpose of protecting people from harm is: a. ethical formalism. b. ethics of care. c. legal moralism. d. utilitarianism.

b. ethics of care.

According to the text, the most common charge leveled against prosecutors is: a. misusing pretrial publicity. b. failure to disclose evidence. c. supporting perjury. d. using false evidence in court.

b. failure to disclose evidence.

Your client tells you that he has a friend that you can call as a witness. Even though this friend was not actually present at the incident, he is willing to claim that he saw the altercation and will testify that the defendant acted in self-defense, and without a weapon. You refuse to call a witness that you know will not tell the truth. This action would indicate your view that you are serving as your client's: a. legal agent. b. moral agent. c. confidant. d. paternal guide.

b. moral agent.

A shadow jury is a: a. panel of people selected by the press that observes the trial and provides feedback to the press. b. panel of people selected by the defense attorney that observes the trial and provides feedback to the attorney. c. panel of people selected by the prosecutor that observes the trial and provides feedback to the prosecutor. d. panel of people selected by the judge that observes the trial and provides feedback to the judge.

b. panel of people selected by the defense attorney that observes the trial and provides feedback to the attorney.

The idea that the perception of legitimacy of legal authorities comes about when they practice fairness, participation, neutrality, and respect is known as: a. peacemaking corrections. b. procedural justice. c. restorative justice. d. community corrections.

b. procedural justice.

A study of exonerees found that _______ percent were minorities. a. 20 b. 40 c. 70 d. 90

c. 70

As you consider your options, the court-appointed psychiatrist calls and tells you that he has examined the defendant and finds him to be severely developmentally challenged. The psychiatrist estimates the defendant's IQ to be in the 60s and recommends that you seek his school or medical records to find more information. You decide that, given this information, an attempt to seek the death penalty would not be legally supported, based on the ________________ decision. a. Furman v. Georgia b. Roper v. Simmons c. Atkins v. Virginia d. Kansas v. Hendricks

c. Atkins v. Virginia

The ______ Amendment protects against cruel and unusual punishment. a. Sixth b. Seventh c. Eighth d. Fourteenth

c. Eighth

A juvenile has been arrested for vandalizing a Burger King. He and his friends tore up some landscaping, threw rocks at the marquee (breaking glass panels), and spray-painted graffiti. As part of the diversion process, he has accepted the opportunity to meet with the restaurant's owner for a mediation session. The probation officer leading the meeting suggests a penalty that involves an apology and a schedule of work to be performed at the restaurant. In addition, the offender agrees to attend counseling to assist him with personal issues. All agree to the plan. Addressing the personal needs of the offender in this scenario is justified via which ethical system? a. Utilitarianism b. Ethical formalism c. Ethics of care d. Kantian ethics

c. Ethics of care

To decide how you will act, you consider the ethical systems that might apply to the situation. If you decide to provide the dental floss because you believe it will alleviate the inmate's suffering, even though it means breaking the rules, which ethical system would this illustrate? a. Ethical formalism b. Utilitarianism c. Ethics of care d. Teleological ethics

c. Ethics of care

Sheriff's deputies are often assigned to serve as correctional officers in which type of facility? a. Secure hospital b. Prison c. Jail d. Halfway house

c. Jail

Which of the following is a main difference between probation officers and parole officers? a. Parole officers carry weapons, for which they must be trained. b. Parole officers supervise less-dangerous offenders than probation officers. c. Parole officers generally supervise an older population. d. Parole officers are more service-oriented.

c. Parole officers generally supervise an older population.

Which of the following about probation is false? a. Discretion in probation exists at the point of sentencing. b. Probation officers use discretion during supervision. c. Probation officers have discretion when choosing which probationers to supervise. d. Discretion is present when probation officers decide to file violation reports.

c. Probation officers have discretion when choosing which probationers to supervise.

Which of the following is not a motivation for prosecutors to offer a plea bargain? a. The victim's wishes b. The strength or weakness of the evidence c. The fact that prosecutors are paid more when they take a case through trial d. Public interest in the case

c. The fact that prosecutors are paid more when they take a case through trial

Good Samaritan laws __________ in the United States. a. apply to all citizens b. prohibit passing by an accident scene without rendering assistance c. are the same in Europe as d. protect medical professionals from being sued

c. are the same in Europe as

You have been assigned a case that involves a relative of the woman running against you in the upcoming election. In order to ensure there is no appearance of bias, your duty would be to: a. delay the case until after the election. b. dismiss the case. c. recuse yourself from the case. d. videotape all proceedings for later review, if needed.

c. recuse yourself from the case.

Pro bono legal services means: a. services one provides for one's self (serving as one's own lawyer). b. services provided for the benefit of society rather than one person. c. services provided free of charge. d. services provided by someone who is not a bar-approved attorney.

c. services provided free of charge.

Attorney-client privilege may ethically be revoked if: a. the client admits guilt to the defense attorney. b. the prosecution needs to include a confession as part of exculpatory evidence. c. the defense attorney wants to prevent her client from injuring someone. d. the judge informally asks the attorney to do so.

c. the defense attorney wants to prevent her client from injuring someone.

. The warden considers covering up the situation, with the rationale that it is ethical to sacrifice the well-being of a few officers to protect the reputation of the entire institution. This would be an application of the ______________ viewpoint. a. deontological b. egoist c. utilitarian d. Marxist

c. utilitarian

Which of the following is not an ethical dilemma often faced by treatment staff in correctional facilities? a. Whether to provide treatment to people who do not want it b. How to reconcile the duty to treat a patient with the duty to maintain security c. Keeping patient records confidential while also responding to any threats of violence d. Consulting with judges to suggest conditions of offenders' sentences

d. Consulting with judges to suggest conditions of offenders' sentences

The legal basis for civil commitment can be found in the Supreme Court decision of a. Furman v. Georgia. b. Roper v. Simmons. c. Atkins v. Virginia. d. Kansas v. Hendricks.

d. Kansas v. Hendricks.

Probation officers whose on-the-job behavior is guided by a desire to always do his or her duty is exhibiting: a. ethics of care. b. egoism. c. utilitarianism. d. ethical formalism.

d. ethical formalism.

Correctional officer is the term that replaced the old label of: a. watchman. b. keeper. c. sentinel. d. guard.

d. guard.

You are a rookie correctional officer at a state prison. The day is coming to an end and the inmates are in their cells. As you make your rounds to count heads, one of the inmates asks you if you'd bring him a piece of dental floss. He says he has an uncooked grain of rice from dinner stuck in his back teeth and it is very painful. He only needs a small piece, surely not enough to pose any problem. According to prison rules, dental floss may only be used in the shower area, under observation. It is apparent to you that the inmate is in discomfort, and you know this inmate to be well-behaved. You are inclined to provide the dental floss. After all, this inmate has never given you trouble, and in fact you think that he might be helpful in the future when it comes to relations with troublesome inmates. Such a relationship would illustrate the concept of: a. officer accommodation. b. "blind eye." c. informal give-and-take. d. reciprocity.

d. reciprocity.

The ethical concern regarding expert witnesses is about whether they are really a. paid. b. expensive. c. recognizable. d. reliable.

d. reliable.

Prevention goals are consistent with: a. ethical formalism. b. ethics of care. c. deontological ethics. d. utilitarianism.

d. utilitarianism.

What are the motions demanding the prosecutor reveal exculpatory information called? a. Brady motions b. Exculpatory motions c. Garrow motions d. Evidentiary motions

a. Brady motions

Which of the following is cited in the text as being more influential to juries than exculpatory DNA evidence? a. False confessions b. Racial bias c. Confirmatory bias d. Mistaken eyewitness testimony

a. False confessions

Which of the following is not a component of due process? a. Guaranteed appeals b. The opportunity to present evidence and witnesses c. The ability to cross-examine witnesses d. Notice of charges

a. Guaranteed appeals

Upon reviewing the facts of the case, it occurs to you that there is a very good chance that the defendant will be convicted if the case goes to trial. Your client indicates that he would be willing to accept a plea bargain. Which of the following would be an example of a plea bargain? a. The defendant agrees to plead guilty, and prosecutor agrees to drop the charge to second-degree murder. b. The defendant is allowed to remain free until the trial but agrees to remain local. c. The prosecutor agrees to allow the trial to be moved to a different location. d. The defendant and the prosecutor agree to a "bench trial," meaning there will be no jury, and the judge alone will determine guilt or innocence.

a. The defendant agrees to plead guilty, and prosecutor agrees to drop the charge to second-degree murder.

The judge rejects your motion to prevent the weapon from being used in the trial. She agreed that technically the warrant did not specifically include the area of the woodpile, but feels that the minor violation was not worth taking the chance that the prosecutor might end up losing the case. In her view, society is better served by allowing the weapon to be used as evidence than it would be if the defendant is allowed to go free. This decision represents which ethical belief? a. Utilitarianism b. Ethical formalism c. Legal paternalism d. Universality

a. Utilitarianism

A positive retribution a. demands that one who is guilty ought to be punished. b. allows that one who is guilty may be punished. c. dictates that one who is not guilty must not be punished for a crime. d. does not allow for atonement.

a. demands that one who is guilty ought to be punished.

Positivist law refers to: a. those laws written and enforced by society. b. the idea that principles of morals are inherent in nature. c. the idea that laws are not human-made and are discovered by reason. d. those laws that regulate natural rights.

a. those laws written and enforced by society.

The crime lab examiner who matched the fingerprints to the defendant is an important witness. The fingerprints represent a significant part of your case. According to the "Daubert standard," you will be required to a. demonstrate that the witness utilized reliable scientific methods. b. show that the expert witness personally supervised the collection of the fingerprints at the scene. c. certify that the witness is not being paid or compensated in any way for his testimony. d. obtain the defense's agreement to allow him to utilize visual aids as part of his testimony.

a. demonstrate that the witness utilized reliable scientific methods.

You are a prosecutor and are preparing for an upcoming trial. This is a case of arson, and the defendant is accused of setting fire to a barn, causing it to burn to the ground. You have an abundance of physical evidence that points to the defendant, but you also discover that a set of shoeprints found at the scene matches another person. This would be an example of: a. exculpatory evidence. b. confirmatory evidence. c. inconclusive evidence. d. optional evidence.

a. exculpatory evidence.

You are an attorney, and the local court has appointed you to represent a defendant who has been charged with aggravated assault and battery. The prosecutor originally intended to charge attempted murder. The victim suffered serious injury, and the police suspected that a weapon of some type was used, but never was able to find one. The defendant has maintained that there was no weapon. It occurs to you that the victim will not be able to testify if the trial takes place quickly, due to his injuries. Accordingly, you do not agree to waive your client's "speedy trial" rights. This action would indicate your view that you are serving as your client's: a. legal agent. b. moral agent. c. confidant. d. paternal guide.

a. legal agent.

The consensus paradigm reflects the idea that a. most people have similar beliefs, values, and goals and that societal laws reflect the majority view. b. groups in society have fundamental differences and that those in power control societal elements, including law. c. groups in society have fundamental differences and that those in power control societal elements, including law. d. there are many groups in society and that they form allegiances and coalitions in a dynamic exchange of power.

a. most people have similar beliefs, values, and goals and that societal laws reflect the majority view.

The belief that murder is inherently wrong is an example of: a. natural law b. positivist law c. formal law d. Good Samaritan Law

a. natural law

The retributive rationale postulates that a. punishment is an end in itself. b. punishment is a means rather than an end. c. punishment is not and should not be the only response to crime. d. punishment is never an option.

a. punishment is an end in itself.

Atonement is most closely associated with the concept of: a. retribution. b. prevention. c. deterrence. d. treatment.

a. retribution.

Legal moralism has been used to justify laws for and against: a. same-sex marriage. b. child pornography c. gambling. d. gangs.

a. same-sex marriage.

"Penal harm" refers to the idea that the system: a. should intentionally inflict pain on offenders during their imprisonment. b. must provide additional pain in order for offenders to be truly rehabilitated. c. should focus its efforts in reducing harm and increasing rehabilitative programs. d. should allow corporal punishment but not cause permanent harm.

a. should intentionally inflict pain on offenders during their imprisonment.

The procedure for presenting a single suspect to an eyewitness for identification is known as a: a. show-up. b. lineup. c. field identification. d. photo array.

a. show-up.

Retribution is consistent with: a. social contract theory. b. universalism. c. utilitarianism. d. ethics of care.

a. social contract theory.

According to the conflict paradigm: a. those who control major social institutions determine how crime is defined. b. law arises from minority interest groups but coalitions and shared interests may shift the balance of power. c. law serves as a tool of unification. d. law contributes to the collective conscience by providing an example of deviance.

a. those who control major social institutions determine how crime is defined.

Because plea bargaining is efficient and benefits both the state and the defendant, this process is justified by: a. utilitarianism. b. ethical formalism. c. egoism. d. ethics of care.

a. utilitarianism.

Later, Ted comes by and also argues in favor of seeking the death penalty. His point is that other would-be murderers in the community need to see that they face the ultimate penalty for committing murder. He presents you with research that supports the idea that the death penalty deters crime. He says "I can see why you're not crazy about the idea of putting someone to death—that's a terrible thing. But it's best for the whole community if it sends a message that prevents other murders." Ted's argument is based on: a. utilitarianism. b. ethics of care. c. deontological ethics. d. ethical formalism.

a. utilitarianism.

Brady violations refer to: a. withholding exculpatory evidence. b. using racial bias in jury selection. c. having improper relationships with witnesses. d. suborning perjury.

a. withholding exculpatory evidence.

In which case did the Supreme Court reject the argument that judicial review of eyewitness testimony was necessary? a. Perry v. New Hampshire b. Batson v. Kentucky c. Hamdan v. Rumsfeld d. Imbler v. Pachtman

a.. Perry v. New Hampshire

As you review the evidence you intend to present, you notice that the crime lab was unable to identify two fingerprints found at the crime scene. They were successful in matching several other prints to those of the defendants, and you intend to present this to the jury. Which of the following statements is true, regarding the inconclusive fingerprints? a. They are irrelevant to the case and can be disregarded. b. According to the Brady rule, you are required to provide the inconclusive report to the defense. c. According to the Brady rule, you must provide the information to the defense but only if they formally request it. d. Because there were inconclusive fingerprints, you are not permitted to call the examiner as an expert witness to testify about the prints that were successfully matched.

b. According to the Brady rule, you are required to provide the inconclusive report to the defense.

____________________ basic rationale for punishment provides that the utility of punishment to society (by deterring crime) outweighs the negative of the punishment itself. a. Kauffman's b. Bentham's c. Mackie's d. Rawls's

b. Bentham's

According to a 2016 Gallup Poll measuring trust, which of the following were rated by those questioned to have the highest standards of honesty and ethics? a. Lawyers b. Police c. Used car salesmen d. Members of Congress

b. Police

Which form of prevention is aimed at the offender and not the overall community? a. General deterrence b. Specific deterrence c. Selective incapacitation d. General incapacitation

b. Specific deterrence

You are a defense attorney defending a client against a murder charge. Your client is the former boyfriend of the victim, and it has been established by several witnesses that the breakup was not a pleasant one. Your client was identified as a suspect from the very beginning. During the trial, the prosecution presented a witness who claimed to overhear your client praying for forgiveness in his holding cell. The prosecution also presented the murder weapon, which was a softball bat with your client's fingerprint on the handle. Your client was convicted. Still convinced your client is innocent, you look for outside help. Where might you go to seek assistance in getting your client a new trial? a. The American Bar Association b. The Innocence Project c. The prosecutor's conviction-review team d. The legal assistance team at the prison where your client is incarcerated

b. The Innocence Project

According to the Brady decision, what are you obligated to do with the shoeprint information? a. Brady did not relate to this question. b. You are required to share the evidence with the defense. c. You are required to alert the judge. d. You do not need to provide it to anyone but you may not use it in the trial.

b. You are required to share the evidence with the defense.

As the trial date approaches, it occurs to you that there is very little chance of prevailing in court. You do not wish to be associated with a losing case, and it also occurs to you that if your client is convicted, you may never be paid. According to the Model Rules, your option is limited to which of the following? a. You may withdraw from the case only after you secure an adequate replacement. b. You may not withdraw from the case simply because it appears you will lose and/or may not be paid. c. You may delay the trial until payment is secured but may not withdraw. d. You may withdraw from the case at any time, for any reason.

b. You may not withdraw from the case simply because it appears you will lose and/or may not be paid.

The approach in which each case is treated as one of many is called: a. assembly line justice. b. bureaucratic justice. c. rational justice. d. wedding-cake illustration justice.

b. bureaucratic justice.

In Nix v. Whiteside, the Supreme Court ruled that a defense attorney. a. could rescind attorney-client privilege on any pretext. b. could refuse to let her client commit perjury. c. had to adhere to certain guidelines before offering a plea bargain to a client. d. must present any evidence of guilt to the prosecution.

b. could refuse to let her client commit perjury.

Emile Durkheim believed that criminals actually provide value to the community by: a. creating jobs in the fields of law enforcement and corrections. b. establishing the parameters of acceptable behavior. c. giving citizens a common enemy to unite around. d. motivating citizens to take better care of their possessions and homes.

b. establishing the parameters of acceptable behavior.

The death penalty is an example of _______ deterrence. a. restorative b. general c. specific d. public

b. general

The conflict paradigm reflects the idea that a. most people have similar beliefs, values, and goals and that societal laws reflect the majority view. b. groups in society have fundamental differences and that those in power control societal elements, including law. c. groups in society have fundamental differences and that those in power control societal elements, including law. d. there are many groups in society and that they form allegiances and coalitions in a dynamic exchange of power.

b. groups in society have fundamental differences and that those in power control societal elements, including law.

The attorney-client privilege relationship is legally comparable to the relationship between: a. brother and sister. b. husband and wife. c. teacher and student. d. boss and employee.

b. husband and wife.

According to the pluralist paradigm: a. those who control major social institutions determine how crime is defined. b. law arises from interest groups but coalitions and shared interests may shift the balance of power. c. law serves as a tool of unification. d. law contributes to the collective conscience by providing an example of deviance.

b. law arises from interest groups but coalitions and shared interests may shift the balance of power.

Legal moralism refers to: a. laws that protect children against their parents. b. laws that protect societal morals. c. laws that protect individual from hurting themselves. d. laws that guarantee the rights of the father.

b. laws that protect societal morals.

Brady violations relate to: a. exculpatory evidence. b. racial bias in jury selection. c. improper relationships. d. suborning perjury.

b. racial bias in jury selection.

The two major justifications for punishment and treatment are: a. vengeance and guilt. b. retribution and prevention. c. prevention and vengeance. d. retribution and guilt.

b. retribution and prevention.

You are a defense attorney defending a client against a murder charge. Your client is the former boyfriend of the victim, and it has been established by several witnesses that the breakup was not a pleasant one. Your client was identified as a suspect from the very beginning. During the trial, the prosecution presented a witness who claimed to overhear your client praying for forgiveness in his holding cell. The prosecution also presented the murder weapon, which was a softball bat with your client's fingerprint on the handle. Your client was convicted. You attempted to convince the jury that the presence of the fingerprints did not mean anything—it was his bat, after all, and he had used it in a softball game recently. You argued that the detectives investigating the murder suspected your client right away because he was the victim's ex-boyfriend, and accordingly, they automatically interpreted any evidence in a way that agreed with their suspicion. This is an example of: a. cognitive dissonance. b. selective information processing. c. noble cause. d. harmless error.

b. selective information processing.

You are a judge considering the sentences of several convicted offenders. The first offender has been found guilty of burglary and larceny for the third time. The report tells you that the offender's previous sentences were probation for the first offense and 14 days in jail for the second. You determine that the offender has not learned his lesson after the first two convictions, and you intend to send him a message with this sentence. Accordingly, you sentence him to the maximum allowed under the guidelines. Because you imposed this long sentence to try to teach this individual a lesson, so that he will not choose to offend again in the future, your sentence is an attempt at: a. general deterrence. b. specific deterrence. c. rehabilitation. d. incapacitation.

b. specific deterrence.

Stigmatizing shaming is: a. the idea that certain types of punishment can reduce recidivism as long as they do not involve banishment. b. the effect of certain punishments whereby the offender feels rejected by the community. c. partly accomplished by exiling the individual. d. no longer practiced in the industrialized world.

b. the effect of certain punishments whereby the offender feels rejected by the community.

Natural law refers to: a. those laws written and enforced by society. b. the idea that principles of morals and rights are inherent in nature. c. the idea that law is human-made. d. those laws that regulate innate but undesirable behavior.

b. the idea that principles of morals and rights are inherent in nature.

What are the two types of deterrence? a. Specific and corporeal b. Preventative and retroactive c. General and specific d. Temporal and corporeal

c. General and specific

Which of the following is not a valid reason for an attorney to withdraw from a case? a. If the legal action is for harassment or malicious purposes b. If continued employment will result in violation of a disciplinary rule c. If the attorney's schedule makes it difficult to attend to the details of the case d. If discharged by the client

c. If the attorney's schedule makes it difficult to attend to the details of the case

Which of the following statements about plea bargaining is correct? a. Plea bargaining generally is not accompanied by ethical concerns. b. Plea bargains must be formally requested by the defense. c. Plea bargaining occurs in the vast majority of criminal cases. d. Plea bargains must be approved by the arresting officer and victim.

c. Plea bargaining occurs in the vast majority of criminal cases.

The vast majority of cases in the criminal justice system are settled by: a. a hung jury. b. a judge. c. a plea bargain. d. a jury of citizens.

c. a plea bargain.

A legal tool used to confiscate property and money associated with organized criminal activity is called: a. dispossession. b. wealth audit. c. asset forfeiture. d. embezzlement.

c. asset forfeiture.

Death penalty retentionists and abolitionists both use each of the following to support their position except: a. utilitarianism. b. ethical formalism. c. ethics of care. d. religion.

c. ethics of care.

The police had a warrant to search inside your client's house, but the weapon was found outside. You believe that the weapon was found and seized improperly, and should not be allowed to be used as evidence, so you will ask the judge to enforce the a. statute of limitations. b. change of venue. c. exclusionary rule. d. Brady rule.

c. exclusionary rule.

Legal paternalism refers to: a. laws that protect children against their parents. b. laws that protect societal morals. c. laws that protect individual from hurting themselves. d. laws that guarantee the rights of the father.

c. laws that protect individual from hurting themselves.

Your client tells you that there really was a weapon and that the police missed it at the crime scene. According to the ABA's Model Rules of Professional Conduct, your duty is to: a. report the information to the prosecution. b. call your defendant to the witness stand and let him decide for himself whether he will reveal the fact that there was a weapon. c. maintain the confidentiality of your communications with your client. d. the Model Rules do not address this situation.

c. maintain the confidentiality of your communications with your client.

You are a defense attorney defending a client against a murder charge. Your client is the former boyfriend of the victim, and it has been established by several witnesses that the breakup was not a pleasant one. Your client was identified as a suspect from the very beginning. During the trial, the prosecution presented a witness who claimed to overhear your client praying for forgiveness in his holding cell. The prosecution also presented the murder weapon, which was a softball bat with your client's fingerprint on the handle. Your client was convicted. The witness who the prosecution called to testify about supposedly overhearing your client pray is an example of a jailhouse informant. The prosecutor had doubts about the veracity of this testimony, especially considering that the witness demanded that his own charge be dropped in return for his testimony. The prosecutor decided to present the witness anyway, figuring that it might not be totally proper, but that since he was convinced your client was guilty, it was ok to bend the rules in order to secure the conviction. This is an example of: a. cognitive dissonance. b. selective information processing. c. noble-cause corruption. d. harmless error.

c. noble-cause corruption.

Detaining only those who are at the highest risk of re-offending would be a form of: a. general deterrence. b. specific deterrence. c. selective incapacitation. d. general incapacitation.

c. selective incapacitation.

You have decided that a "change of venue" motion would be in your client's best interest. If the judge grants your motion, this means: a. the case will be delayed indefinitely. b. the prosecution will not be permitted to refer to the weapon during the trial, since it was never located. c. the case will be moved to a court in another location. d. the jury pool will be dismissed and a new one convened.

c. the case will be moved to a court in another location.

After asking the examiner the questions you prepared about the fingerprints, you ask him questions about the shoeprints found outside the crime scene. This witness is only trained as a fingerprint examiner but you hope that the jury will consider his opinion about the shoeprints to be that of an expert. If they do consider his shoeprint comments to be knowledgeable and reliable, this would be an example of: a. leading the witness. b. a Brady motion. c. the halo effect. d. a conflict of interest.

c. the halo effect.

The last case of the day involves a 16-year-old high school dropout who was convicted of auto theft. He had no prior record and says that he dropped out of high school to help his family but has not been able to find work. You are convinced that he only stole the car out of economic need. You hand down a sentence consisting of probation, with a condition of attending job training. Your goal is to help the offender improve his chances at landing a job, which should help keep him away from crime. This decision reflects the ________________ ethic. a. just deserts b. expiation c. treatment d. social contract

c. treatment

The consensus paradigm is most closely related with: a. John Locke b. Thomas Hobbes c. Émile Durkheim d. John Stuart Mill

c. Émile Durkheim

When did the "just desserts" model regain favor in the United States? a. 1920s-30s b. 1940s-50s c. 1960s-70s d. 1970s-80s

d. 1970s-80s

You are a prosecutor preparing a case. The facts of the case support a charge of either capital murder or first- degree murder, but you are not sure how you feel about the morality of the death penalty. You have asked for opinions from other prosecutors in your office. Mary comes to your office and argues in favor of charging capital murder. She believes that capital punishment is just a proportional punishment. Mary's point of view reflects which ethical system? a. Utilitarianism b. Ethics of care c. Teleological ethics d. Ethical formalism

d. Ethical formalism

According to the text, which of the following is true, regarding the exclusionary rule? a. Data show that police misconduct has subsided as a result of the exclusionary rule. b. Police officers are generally not very well educated about the rule. c. The rule only applies to cases in those states that have enacted the rule. d. Evidence seized without a warrant but in the interest of public safety is not excluded by the rule.

d. Evidence seized without a warrant but in the interest of public safety is not excluded by the rule.

Which factor would be unethical for a prosecutor to consider in making charging decisions? a. The severity of the crime b. The quality of evidence c. The ability to obtain a conviction d. Income of the victim

d. Income of the victim

Which of the following is not a method of prevention? a. Deterrence b. Treatment c. Incapacitation d. Just deserts

d. Just deserts

Which of the following is not an exception to the confidentiality rule for defense attorneys? a. Prevention of future crime of imminent death or grievous bodily harm b. Client consent c. Court order d. Knowledge of evidence of a murder that has taken place

d. Knowledge of evidence of a murder that has taken place

Which of the following is not consistent with the consensus paradigm? a. Law unifies society. b. Crime is objectively defined. c. Law resolves conflicts fairly. d. Law is representative of the ruling classes only.

d. Law is representative of the ruling classes only.

_____________ from a case is necessary when a judge has a financial interest in the case or has some other perceived bias or relationship that might give the appearance of impropriety. a. Reassignment b. Withdrawal c. Resignation d. Recusal

d. Recusal

What are the two major areas of judicial discretion? a. Sentencing and jury selection b. Interpretation of law and jury selection c. Interpretation of law and jury instruction d. Sentencing and interpretation of law

d. Sentencing and interpretation of law

The first "conviction integrity unit" was established in which state? a. Utah b. Florida c. Arizona d. Texas

d. Texas

The Senate candidate from the party you represent has asked you to make a speech at his campaign event, since you share his ideas. You wish to show your support and also make your positions known. Which of the following is true? a. You are free to appear and speak however you wish. b. Since you are currently a judge, you are not permitted to make political speeches. c. You may make a speech but it cannot be broadcast. d. You can make a speech to support your friend but you must avoid any topics that might relate to matters covered by your court.

d. You can make a speech to support your friend but you must avoid any topics that might relate to matters covered by your court.

The model of justice in which the largest portion of criminal cases forms the bottom layers and the few serious cases form the top layer is called: a. assembly line justice. b. bureaucratic justice. c. rational justice. d. wedding-cake illustration justice.

d. wedding-cake illustration justice.

The Model Code of Judicial Conduct is organized into four canons including all of the following except: a. a judge shall uphold and promote the independence, integrity, and impartiality of the judiciary. b. a judge shall perform the duties of judicial office impartially, competently, and diligently. c. a judge shall conduct the judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office. d. a judge or candidate for judicial shall engage in political or campaign activity that is consistent with his/her personal views.

d. a judge or candidate for judicial shall engage in political or campaign activity that is consistent with his/her personal views.

You are a defense attorney defending a client against a murder charge. Your client is the former boyfriend of the victim, and it has been established by several witnesses that the breakup was not a pleasant one. Your client was identified as a suspect from the very beginning. During the trial, the prosecution presented a witness who claimed to overhear your client praying for forgiveness in his holding cell. The prosecution also presented the murder weapon, which was a softball bat with your client's fingerprint on the handle. Your client was convicted. A month after the conviction, you discover that a DNA sample was found at the crime scene and was never tested. You believe that it might exonerate your client. Unfortunately, the appellate court rejects your petition, citing the case of District Attorney v. Osborne. The decision in this case held that a. convictions must be immediately appealed in order to be considered. b. the prosecution is not required to share evidence that might point to innocence. c. DNA evidence is not admissible. d. defendants do not have a constitutional right to DNA testing.

d. defendants do not have a constitutional right to DNA testing.

The next offender to come before you is a doctor who has been found guilty of writing fraudulent prescriptions. Part of his sentence will be a loss of his medical license for one year. Because you intend for his loss of license to mean he will be prevented from committing this same crime again, at least for a year, your sentence is an attempt at: a. general deterrence. b. retribution. c. rehabilitation. d. incapacitation.

d. incapacitation.

You try to convince opponents to support your proposed law by pointing out that sometimes it is the job of government and the law to do what is best for people, even if they may not want to do it for themselves. Your description is an example of: a. ethical formalism. b. utilitarianism. c. legal moralism. d. legal paternalism.

d. legal paternalism.

Initially, you charged the defendant with attempted murder, since there was reason to believe the barn might have been occupied at the time. In reality, you knew that you would not be able to prove this charge in court. You thought that adding this serious charge might lead the defendant to plead guilty to the arson charge if you agreed to drop the attempted murder charge. This arrangement would be a: a. summary judgment. b. "harmless error." c. Brady motion. d. plea bargain.

d. plea bargain.

The police have been searching for a weapon but have been unable to find it. This weakens the prosecution's case. Your client tells you that he was able to hide it in a wood pile in his back yard before being arrested. According to the Model Rules, your duty now is to: a. withdraw from the case. b. remain on the case, but alert the judge to the location of the weapon. c. remain on the case, but require the defendant to inform the police of the weapon's location. d. remain on the case and keep the location of the weapon confidential.

d. remain on the case and keep the location of the weapon confidential.

The pluralist paradigm reflects the idea that a. most people have similar beliefs, values, and goals and that societal laws reflect the majority view. b. groups in society have fundamental differences and that those in power control societal elements, including law. c. groups in society have fundamental differences and that those in power control societal elements, including law. d. there are many groups in society and that they form allegiances and coalitions in a dynamic exchange of power.

d. there are many groups in society and that they form allegiances and coalitions in a dynamic exchange of power.