Crim Midterm

Which of the following best captures classical criminologists' concept of "utility"?

"The greatest happiness shared by the greatest number."

How much did the state of Florida reportedly spend to administer justice to serial murdered Ted Bundy in 1989?

$10 million

according to official statistics, about ____ of all crimes committed annually are violent crimes.

10-15 percent

Assume that an arrest is made and the defendant is found guilty. Number the following steps in the order in which they occur in the criminal justice process. Numbers should be from 1 to 11.

10. possible appeal 7. either indictment by a grand jury followed by arraignment or arraignment on an information 4. formal charging of the suspect 2. arrest 6. preliminary hearing (for a felony) 9. sentencing 3. booking 1. investigation 5. initial appearance 11. punishment 8. either a plea bargain or a trial

In most American jurisdictions, the upper age limit for juvenile delinquency is ____, and the lower limit is usually ____.

18; 7

According to the 2017 national crime victimization surveys (NCVS), approximately how many crimes were attempted or completed against U.S. residents age 12 or older?

19 million

About ____ of criminal defendants plead guilty to the charges against them, in an arrangement called plea bargaining.

95 percent

____ refers to an estimate to crimes committed.

A crime index

From whose theory can it be inferred that crime may be a means by which individuals satisfy their basic human needs?

Abraham Maslow

Which of the following is a method used in heredity studies?

Adoption studies

You were found guilty at trial after an eyewitness to the crime positively identified you as the criminal. You claim that you court-appointed attorney was incompetent and therefore you were denied your right to effective assistance of counsel. Why will you probably not win this claim?

Because there was an eyewitness to the crime and therefore it is unlikely that any possible incompetence on the part of your attorney led to the final result.

Define preponderance of evidence, clear and convicting evidence, and beyond a reasonable doubt.

Beyond a reasonable doubt is the amount you must have to be found guilty in a criminal trial and is the amount of doubt a reasonable person may have after examining evidence. Preponderance of evidence is the amount of evidence that more likely than not outweighs opposing evidence or sufficient evidence to overcome doubt. Clear and convincing evidence is the standard of proof required in some civil cases and federal courts, and you must have this to claim insanity.

Which of the following scientists suggested that some people were "less highly evolved or developed than others" and that some people "were nearer their apelike ancestors than others in traits, abilities, and dispositions"?

Charles Darwin

Which of the following statements highlights the most important difference between the National Incident-Based Reporting System (NIBRS) and the uniform crime reports (UCR)?

Compared with the UCR, the NIBRS made it possible to examine crimes in much more detail because it contains more data on each crime.

A major problem with the crime control model is that a presumption of guilt goes against which of the oldest and most cherished principles of American criminal justice?

Defendants are considered innocent until proven guilty.

Which of the following in one of the principles advocated by August Vollmer to professionalize American policing?

Education is a key ingredient in professionalizing policing.

The ____ states that excessive bail shall not be required.

Eighth Amendment

Who among the following theorists advocated containing crime within reasonable boundaries rather than eliminating it?

Emile Durkheim

The basic concepts of American law enforcement and criminal justice originated in

England.

The criminal law of the United States, for the most part, is derived from the law of

England.

____ involves a situation in which a defendant is wrongfully committed of a crime and is later cleared of all chares based on new evidence showing their innocence.

Exoneration

____ is a process in which the rewards for a behavior are removed.

Extinction

"Proof evident, presumption great" is the standard of proof in criminal proceedings by which a state must show that the right to counsel has been waived "knowingly and intelligently."

False

A person is generally protected from searched and seizures without a warrant in all places where he or she has a legitimate right to be.

False

A prosecutor always reviews the case before an arrest is made.

False

According to the figures provided in your textbook, the rate of murder and nonnegligent manslaughter increased between 2000 and 2010.

False

Administering testosterone to male sex offenders has been found to reduce their sexual drives.

False

An indigent criminal defendant has a right to state-furnished counsel even if there is no possibility of incarceration.

False

An uncorroborated anonymous tip is legally admissible evidence at trial.

False

Available evidence from various studies suggests that both Miranda and the exclusionary rule in Fourth Amendment contexts have has major effects.

False

Before the passage of the Sixth Amendment, the Bill of Rights applied only to people charged with federal crimes.

False

Criminological theory exclusively refers to explanations of criminal behavior.

False

During his time as drug czar, Harry Anslinger focused particularly on a national campaign against the use of cocaine.

False

E-mail has the same privacy protections as regular mail.

False

Early police agencies required new officers to undergo a short period of training.

False

From a political standpoint, the crime control model reflects traditional liberal values.

False

In general, norms do not change from time to time or from place to place.

False

In most developed countries, children under 18 years of age are assumed to have a fully developed capacity to form means rea and are considered entirely responsible for their criminal acts.

False

Insanity is a medical term, not a legal one.

False

Norms or social mores are consistent from group to group within a single society.

False

Research has found that rapid response by the police to crime leads to more arrests.

False

Slave codes were primarily designed to ensure that enslaved persons were not mistreated.

False

Specific deterrence is the use of the punishment of specific individuals to prevent people in general or society at large from engaging in crime.

False

The Burger, Rehnquist, and Roberts Supreme Courts from the 1970s until the present have been actively preserved the work of the Warren Court.

False

The FBI was the first federal law enforcement agencies in the United States.

False

The Mann Act was designed to prevent business monopolies from artificially raising prices by restricting trade.

False

The biggest obstacle to the implementation of the National Incident-Based Reporting System (NIRBS) is that it requires the use of extensive paper records.

False

The constable-watch system was England's earliest form of group protection.

False

The most important procedural safeguard in the Fifth Amendment is the protection against unreasonable search and seizure.

False

The police are not permitted to search a home without a warrant unless all the co-occupants consent to the search.

False

The primary focus of the due process model is efficiency.

False

Undercriminalization occurs when the criminal law prohibits some behaviors that arguable should not be punished.

False.

Which of the following is an intangible cost of crime?

Fear of crime

Which of the following Amendments extends the procedural safeguards of the Bill of Rights to people charged with state crimes?

Fourteenth

You learn that the police have attached a GPS device to your vehicle without a valid warrant. According to the Supreme Court, this violated the ____ Amendment.

Fourth

The ____ protects American citizen from "unreasonable searches and seizures."

Fourth Amendment

In which of the following cases did the Supreme Court extend the Sixth Amendment right to be represented by an attorney to indigent defendants facing felony charges in state courts?

Gideon v. Wainwright

The federal law that began the War on Drugs in the U.S. was the ____

Harrison Act

The first "drug czar" in the U.S.A. was ____

Harry J. Anslinger

Lynette and Jason attended a party and each drank several beers. When they left the party at 2 a.m., Lynette decided she was less intoxicated than Jason, so she began driving home, but did not realize that her headlights were off. She was pulled over by a police officer, who asked both Lynette and Jason to exit the car. Lynette began laughing uncontrollably. She failed a field sobriety test and was arrested for driving under the influence. The officer then searched the car, even though Jason did not consent to a search, and found empty beer bottles under Jason's seat. Lynette subsequently refused a Breathalyzer test and was brought to court for driving under the influence. She wants her lawyer to challenge the officer's search of the car because Jason did not consent to his area being searched. Will she be successful? Why, or why not?

If the officer was incorrect in his actions when he first pulled Lynette over for her headlights and made her get out of the car, all of his actions from this point would be invalid. He suspected drunk driving based on her headlights. She voluntarily got out of the car, and then acted strange, giving probably cause. She failed the field sobriety test, so the car is not open for search because of her failure, even Jason's side of the car. She will not be successful in her arguments.

____ is defined as mental or psychological impairment or retardation as a defense against a criminal charge?

Insanity.

Which of the following statements is true about an ex post facto law?

It declares criminal an act that was not illegal when it was committed.

Which of the following statements is true of parole?

It is given before prisoners have served their full sentences.

Which of the following reflects a feature of conflict theory?

It is reformist in its policy implications.

Who is the longest-serving director of the Federal Bureau of Investigation?

J. Edgar Hoover

When the Federal Bureau of Investigation was created, it was originally limited to investigation only a few types of crime, including which of the following crimes?

Land fraud

____ offenses are illegal because laws define them as such.

Mala prohibita

In which of the following cases did the Supreme Court first extend the Fifth Amendment protection against compelled self-incrimination to trials in state courts?

Malloy v. Hogan

Which of the following is a service provided by the U.S. Marshals?

Manage and dispose of seized and forfeited property

Which of the following is a problem associated with finding an appropriate definition of crime?

Many dangerous and harmful behaviors are not defined as crimes, while many less dangerous and less harmful behaviors are.

In which of the following cases did the Supreme Court broaden the protection against compelled self-incrimination to cover nearly all custodial police interrogations?

Miranda v. Arizona

____ refers to the failure to take reasonable precautions to prevent harm.

Negligence.

Which was the first American city to create a paid and unified municipal police force?

New York

Which of the following statements is true about the fear of crime?

Nonwhites worry more about crime than whites.

Which of the following is included in the new mission of the FBI?

Protecting the U.S. from terrorist threats

Which of the following U.S. Presidents created the Drug Enforcement Administration (DEA)?

Richard Nixon

Which of the following theorists maintains that criminal behavior sometimes is chosen as an adaptation over other possible alternatives because it offers gratifications or psychological advantages that could not be achieved otherwise?

Seymour L. Halleck

The ____ guarantees the right to a speedy and public trial.

Sixth Amendment

Who were the first federal law enforcement agents in the United States?

The U.S. Marshals

Robert has been arrested for three counts of passing checks with insufficient funds. If he is found guilty, Robert could receive a maximum sentence of five and a half months is jail. He has been reading the Constitution and the Bill of Rights and feels that he is entitled to an attorney. He also believed, however, that he can represent himself if he goes to trial. He also wants to move his trial to another city because he made the headlines recently when he ran for office. If he is convicted, he plants to claim that he had ineffective assistance of counsel because, after all, he is not an attorney. He wants to have a jury trial and bring in witnesses that can state he broke his hand and therefore could not be the individual who wrote the checks. What constitutional amendments will be considered, and what will the results likely be?

The constitutional amendments that will be considered are the Sixth and Fifth Amendments. The interpretations of the Sixth Amendment allow for someone to represent themself, but if someone does so, they waive their right to claim for ineffective assistance of counsel, so he would not be able to get a retrial. People are allowed to ask for their venue for the trial to be changed if they feel they will not have an impartial jury due to publicity, which Robert is concerned about because he ran for office. If the venue will be changed is the decision of the judge. He has the right to bring in witnesses to his trial as well to defend himself. This case is a misdemeanor as it only has 5.5 months in jail, so he does not have the right to a grand jury in his trial.

Explain the doctrine of legal guilt.

The doctrine of legal guilt is that, for someone to be guilty of a crime, they must not only be factually guilty (when facts and evidence of a crime make someone appear guilty) but have to be legally investigated and tried in a court of law. If found guilty at trial when both their constitutional and legal rights have been totally protected, they are then legally guilty.

Which of the following is one of the characteristics of social disorganization?

There is little encouragement, training, or opportunity for legitimate employment.

Which of the following statements is true about self-report crime surveys?

They ask selected subjects whether they have committed crimes.

What are the four ways in which an appellate court can handle a case that has been appealed?

They can deny the appeal and not modify a sentencing at all, call for a retrial, modify the sentence given, or completely reverse the sentencing of a person.

How did people maintain order and defend against criminals on the American frontier?

They engaged in vigilantism

What do the following three Supreme Court cases share in common: United States v. Leon, Massachusetts v. Sheppard, and Nix v. Williams?

They provide exceptions to the exclusionary rule.

According to Seymore L. Halleck, the emotional experience of objective or subjective oppression if helplessness, to which as person sometimes adapts by resorting to criminal behavior.

True

According to conflict theories, criminal law and the criminal justice system are used by dominant groups to control subordinate ones.

True

According to learning, theory, through imitation or modeling, a person can learn new responses, such as criminal behavior, by observing others.

True

Any index of crime varies with changes in police practices, court policies, and public opinion.

True

Civil forfeitures of property in drug violations may circumvent the constitutional prohibition against bills of attainder.

True

Crime rates provide a more accurate indication of increases or decreases in crime indexes than do total numbers of crimes.

True

Criminal justice is primarily a state and local function.

True

Defendants who engage in disruptive behavior in the courtroom may forfeit their right to be present during trial.

True

During the mid-nineteenth century, it was estimated that one-third to one-half of all currency in circulation in the United States was counterfeit.

True

Early Native Americans provided their own law enforcement.

True

For legal purposes, a particular act may be considered either a tort or a crime or both, depending on how it is handled.

True

For many years, FBI director J. Edgar Hoover insisted that Italian-dominated organized crime in the U.S. did not exist.

True

Henry Fielding established the Bow Street Runners, who were England's first professional detective force.

True

In the case of Georgia v. Randolph (2006), the U.S. Supreme Court restricted consent searches of a home.

True

Judges are limited by statutory provisions when passing a sentence.

True

Jurisdiction includes the right or authority of a justice agency in regard to a particular subject matter, territory, or person.

True

Negligent action or inaction that causes harm amounts to criminal conduct.

True

Norms or social mores are always subject to interpretation.

True

Offenses known to the police are probably the least inaccurate index of crime.

True

On the frontier, people primarily maintain order through vigilantism.

True

One of the official rationales for combining the various drug enforcement agencies was the need for better intelligence gathering on drug-trafficking organizations.

True

Party politics prevented the development of professional police departments in most American cities until the 1920s.

True

Postmodernist criminologists prefer to replace the prevailing description of the world with new conceptions, words, and phrases that convey alternative meaning, as Edwin H. Sutherland did when he introduced the concept of white-collar crime.

True

Probable cause is a standard of proof that requires trustworthy evidence sufficient to make a reasonable person believe that, more likely than not, the proposed action is justified.

True

Self-report crime surveys are not accurate measures of the true amount of crime.

True

The "castle doctrine," or the "stand your ground law," provides that someone attacked in his or her home can use reasonable force, including deadly force, to protect his or another's life without any duty to retreat from the attacker.

True

The FBI is responsible for operating the Uniform Crime Reports system.

True

The Secret Service is responsible for providing protection to heads of state visiting the U.S. from other countries.

True

The Sixth Amendment has been interpreted to mean that defendants have the right to represent themselves.

True

The Supreme Court has extended the Sixth Amendment right to a speedy and public trial to trials in state courts.

True

The Supreme Court has held that a violation of the "knock-and-announce rule" does not require suppression of any evidence found in a search if the interests violated had nothing to do with the seizure of evidence.

True

The Supreme Court has recently extended the right to the effective assistance of cousel to plea bargains that lapse or are rejected.

True

The U.S Constitution forbids ex post facto laws.

True

The United Sates has more police departments that any other nation in the world.

True

The War on Drugs began with the passage of the Harrison Narcotics Tax Act of 1914.

True

The calls police routinely respond to rarely involve the sensational crimes reported by the media.

True

The criminal justice response to crime begins when a crime is reported to the police.

True

The doctrine of legal guilt emphasizes the presumption of innocence.

True

The harm caused by crime may be physical or verbal.

True

The professional model focused on eliminating political influences in policing.

True

The purpose of criminal justice is to enforce criminal law.

True

U.S. Marshalsl are responsible for operating the Witness Security Program.

True

____ refers to crimes that are not officially recorded by the police.

Uniform Crime Reports

Overcriminalization is mainly a problem when addressing which types of crimes?

Victimless crimes.

In which of the following cases was the exclusionary rule created?

Weeks v. United States

In a jury trial, when does jeopardy attach?

When the entire jury has been selected and sworn in

Which of the following theorists is associated with body-type theory?

William Sheldon

Because there is considerable conflict and confusion between different agencies of criminal justice, an accurate way of defining American criminal justice may be to call it

a nonsystem.

The term "jurisdiction," as used in your text, means

a politically defined geographical area.

One of the main purposes of an arraignment is to

allow the defendant to enter a plea.

What did Cesare Lombroso call a person predisposed to crime?

an atavist

If defendants are not satisfied with the outcome of their trials, then they have the right to

appeal.

Which of the following crimes is a Part I offense?

arson

Which of the following is based on the belief that criminals are physiologically different from noncriminals?

biological positivism

Radical criminologists argue that ____ is an economic system that requires people to compete against each other in the individualistic pursuit of material wealth.

capitalism

Which of the following government actions is similar to bills of attainder?

civil forfeiture of property in drug violations

For Emile Durkheim, the cause of crime is the dissociation of the individual from the ____.

collective conscience

The Statute of Winchester formalized the ____ system of protection.

constable-watch

Which of the following is defined as the number of offenses for which at least one person has been arrested, charged with the commission of the offense, and turned over to the court for prosecution?

crime index offenses cleared

A(n) ____ may be expressed as the number of crimes per unit of population.

crime rate

Which of the following types of single-bias hate crimes was reported most often to the Federal Bureau of Investigation (FBI) in 2017?

crimes motivated by racial/ethnicity bias

Edwin H. Sutherland's ____ states that persons become criminal because of contacts with criminal definitions and isolation from noncriminal definitions.

differential association theory

Which of the following offenses accounted for the largest number of arrests made by police in 2017?

drug abuse violations

The research at the Chicago was based on a model taken from

ecology.

Which of the following terms is defined as a legal defense against criminal responsibility when a person, who was not already predisposed to it, is induced into committing a crime by a law enforcement officer or by his or her agent?

entrapment.

Under the Supreme Court's ____, a warrantless search not incident to an arrest may be justified in an emergency situation.

exigent circumstances doctrine

According to J. Edgar Hoover, the purpose of the FBI's covert counterintelligence programs (COINTELPROS) was to ____

expose specific groups and individuals

What is the most important factor contributing to wrongful convictions?

eyewitness misidentification

Which of the following focuses on women's experiences and ways of knowing because, in the past, men's experiences have been taken as the norm and generalized to the population?

feminist theory

Defendants can appeal their convictions on legal grounds. Which of the following is an example of a constitutional ground on which a defendant may appeal a conviction?

illegal search and seizure

According to Robert K. Merton, ____ pursue the cultural goal of wealth through illegitimate means.

innovators

As an institution of social control, criminal justice differs from the family, schools, organized religion, the media, and the law in that it

is generally society's "last line of defense."

The right to counsel may be waived only if the waiver is made

knowingly, intelligently, and voluntarily.

A typical ____ definition of crime is "an intentional violation of the criminal law or penal code, committed without defense or excuse and penalized by the state."

legal

The due process model is based on the doctrine of

legal guilt.

The vast majority of American law enforcement agencies are

local.

For which of the following crimes could you find data in the UCR but not the NCVS?

murder

Which of the following term is defined as a legal defense against criminal responsibility used when a crime has been committed to prevent a more serious crime?

necessity defense

The modification of classical theory that admits that some factors may inhibit the exercise of free will is known as

neoclassical theory.

A suspect becomes a defendant after

one or more charges have been filed.

One problem with labeling theory is that it tends to ____ the importance of the official labeling process.

overemphasize

Men' control over women's labor and sexuality is known as

patriarchy.

A crime is a violation of the ________ of a political jurisdiction.

penal code

One similarity between the slave patrols and the constable-watch system was that

people could hire others to perform their duties for them.

Almost three-fourths of all exonerations involve ____.

perjury or false accustaion

One way in which state and local governments in the United States share the costs of criminal justice is by making ____ primarily a local function.

police protection.

According to learning theorists, ____ involves the presentation of a stimulus that increases or maintains a response.

positive reinforcement

Which of the following was an explicit rejection of the critical and "negative" philosophy of the Enlightenment thinkers?

positivist theories

In common law, the decision in a particular case becomes a potential basis, or ________, for deciding the outcomes of similar cases in the future.

precedent

The purpose of a(n) ______ is for a judge to determine whether there is probable cause to believe that the defendant committed the crime or crimes with which he or she is charged.

preliminary hearing.

According to Sir Robert Peel, the main function of the police was to prevent crime by which method?

preventive patrol

American criminal justice consists of three main agencies. Which of the following is NOT one of those three main agencies?

prisons

Which of the following standards of proof is required for a search or an arrest?

probable cause

Which of the following penal sanctions is used primarily to prevent undesired conduct and to provide retribution?

punishment

Which of the following standards of proof is more than a gut feeling and legally permits a law enforcement officer to stop and frisk a suspect?

reasonable suspicion

According to a leading exponent of left realism, Jock Young, ____ is a cause of crime.

relative deprivation

Early American citizens ____ the formation of the first police departments.

resisted

According to Robert K. Merton, ____ do not actively pursue that cultural goal of wealth (they are willing to settle for less) but follow the legitimate institutional means anyways.

ritualists.

To date, most self-report crime surveys conducted in the United States have been administered to ____.

school children

Which of the following is the commission of crime that follows the acceptance of a criminal label?

secondary deviance

Low levels of the brain neurotransmitter ________ have been found in impulsive murderers and arsonists.

serotonin

Under the tithing system, several hundreds constituted a ____, similar to a modern American country.

shire

In the South, the earliest form of policing was the

slave patrols.

A typical ____ definition of crime is behavior that violates the norms or mores of a society.

social

The principle of using precedents to guide future decisions in court cases is called ____.

stare decisis

In 2015, which level of government spent the most on corrections?

state

In Weems v. United States (1910), the Court ruled on the issue of cruel and unusual punishment, as discussed in which constitutional amendment?

the Eighth Amendment

Which of the following events likely made the Federal Bureau of Investigation of major factor in policing?

the Lindbergh baby kidnapping

According to the crime control model of criminal justice, the most important function of criminal justice is

the control of criminal behavior.

Which of the following test of insanity did the attorneys for Lorena Bobbit, who sliced off her husband's penis with a kitchen knife while he was sleeping, successfully employ in a 1994 Virginia trial?

the irresistible-impulse test

Which of the following provisions in the Bill of Rights is NOT yet applicable to the criminal justice process of the states?

the right to a grand jury indictment in felony cases

According to Cesare Beccaria, the basis of society, as well as the origin of punishments and the right to punish, is

the social contract.

Which of the following is one of the three types of delinquent subcultures identified by Cloward and Ohlin?

the violent

Which of the following is the focus of labeling theory?

the way people and actions are defined as criminal

Why was the U.S. Secret Service created?

to combat counterfeiting

If George did not want to commit a crime but was forced or coerced to do so against his will, he may have committed the crime ____.

under duress.

Which of the following refers to the way in which criminal law should be enforced?

uniformity

A(n) ____ is a written order from a court directing law enforcement officers to conduct a search or to arrest a person.

warrant

Which of the following sets of characteristics best describes the typical arrestee in 2017?

young, male, and white