Criminal Jusice ch. 1-3
Part I or "index" crimes are composed of eight serious felonies, including murder, forcible rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson.
True
Police officers are more likely to deal with misdemeanors cases informally and use their discretion to determine whether an arrest is necessary.
True
Police officers decide whether to bring criminal charges against an arrestee.
True
Procedural law outlines the rules for that jurisdiction regarding selection of juries, appellate processes, evidence presented to a jury, and representation of counsel.
True
Prosecuting attorneys exercise discretion when determining whether or not to bring charges against an arrestee.
True
Prostitution, gambling, and public drunkenness are all examples of public order crimes.
True
Scholars in the first portion of the 20th century did research to determine whether individuals with a mesomorphic body type were more prone to criminal behavior.
True
Social conflict theories argue that the most powerful groups use the law to serve their needs and to oppress less powerful groups.
True
State constitutions may give less protection and rights than the federal constitution, but they cannot give more.
True
States with the death penalty have an automatic appeal for cases in which a defendant has been sentenced to death.
True
Hobbes argued that all people were essentially irrational and selfish, but they had just enough rationality to come together to form governments for self-protection.
True
In a typical criminal case, the prosecutor must establish that (a) the accused committed the illegal act and (b) the accused had the necessary mental state.
True
Learning theory argues that criminal behavior is acquired through social learning processes.
True
Lombroso believed that offenders were atavistic in nature.
True
Neoclassical criminologists argue that crime is grounded in the concept of rational choice, but views the accused as exempted from conviction if circumstances prevented the exercise of free will.
True
One of the principles of classical criminology is that the criminal justice system should be predictable—the citizens know the laws and their punishments.
True
Criminologists used theoretical paradigms to explain why crime occurs.
True
Ethics refers to a set of rules or values that spell out appropriate human conduct.
True
After the criminal justice flow and process begins, the perpetrator must be arrested. What is the next formal step in the criminal justice process after arrest?
Prosecution
Who has the discretion to drop charges if they decide that the evidence against the accused is weak?
Prosecutor
Which of the following describes how socialization may impact a person's propensity to engage in criminal behavior?
A boy's biological parents did not engage in criminal activity, but his adoptive parents did. He engages in criminal activity.
Which of the following is an actus reus that would be an example of an omission?
A man fails to feed his three-year-old child.
______ circumstances are elements that tend to increase the offenders' blame.
Aggravating
Crime measurement attempts to answer the question of "why" with respect to crime in the United States.
True
Which of the following does feminist theory attempt to explain in criminology?
?
What is the main focus of the due process model of criminal justice?
Fairness
Which of the following is true of the "three-strikes" laws?
An offender with three qualifying felonies is sentenced to 25 years to life in prison.
At which stage of the criminal justice process is the accused informed of the charges and his/her rights and asked to enter a plea to the charges?
Arraignment
Which theorist criticized the injustices in and arbitrariness of the administration of law and punishment and encouraged reforms to make laws more consistent and rational?
Beccaria
Which theory best explains the emergence of drunk driving laws?
Consensus theory of justice
______ theorists would argue that people pursue their self-interests.
Control
______ theory assumes that people are born "bad" and must learn to modulate their own behavior in order to be "good."
Control
A criminal defendant can be found guilty by a jury, a judge, or through a guilty plea. What is this legal finding called?
Conviction
Which of the following models of the criminal justice process focuses on deterring crime through swift punishment and puts less emphasis on the rights of the accused?
Crime Control
Which of the following statements reflects beliefs of the classical school of criminology?
Criminal behavior is rational, and all people have the capacity to engage in criminal acts.
Which of the following statements most closely describes the crime control model of criminal justice?
Criminal defendants are presumed guilty, and the courts should not stand in the way of effective enforcement of the laws
Which of the following statements most closely describes the due process model of criminal justice?
Criminal defendants are presumed innocent, and the courts' first priority is protecting the constitutional rights of the accused.
Which of the following reflects the assumptions of social conflict theory?
Criminal laws are designed by those in power to oppress those not in power.
______ theories are also referred to as life-course criminology.
Developmental
In May of 2017, Atlanta Officer Che Milton responded to a shoplifting call at a Family Dollar store. When he arrived, he asked the 12-year-old girl why she had attempted to steal a US$2 pair of shoes. The girl responded that her 5-year-old sister needed shoes, but the family could not afford them. Officer Milton used his own judgment to examine her circumstances, and realized she needed help, not punishment. Instead of arresting the girl, he decided to buy her family pizzas and put them in contact with a social worker. What authority was he using in this situation?
Discretion
______ theory is also called crime science.
Environmental criminology
Barbie and Ken took a pack of M&Ms from a convenience store without paying, and as the clerk followed them out to confront them, he slipped, fell, hit his head on the sidewalk, and later died. Barbie and Ken can be charged with first-degree murder under the felony-murder rule.
False
Burglary requires a face-to-face taking—a combination of theft and assault.
False
Classical criminologists argue that science can be used to discover the true causes of crime and to treat offenders.
False
Control theorists argue that external pressures and the values of others mean nothing to those intent on engaging in criminal behavior.
False
For all offenses, when the accused has been convicted of a crime, the judge determines the sentence.
False
If the appellate court agrees to hear a case, it means the defendant will have a new trial in front of the appellate court.
False
If the grand jury finds sufficient evidence to bind a criminal case over for trial, it will issue an information to the court, a written statement of the essential facts of the offense charged against the accused.
False
In his Essays on Crime and Punishments, Beccaria lamented the shift away from spiritualism and the belief that criminals are possessed by the devil and must be punished severely to save their immortal souls.
False
Killings that are wholly accidental are considered to be justifiable homicide.
False
Labeling theory claims that when social rules are overly structured and strict, people will feel frustration and act out in criminal ways.
False
One's intent while committing a crime is usually easy to establish.
False
Positivist criminology viewed criminals as being controlled by free will.
False
Sexual assault includes a strict liability crime with no mens rea element, also known as statutory rape.
False
Shoplifting is an example of robbery.
False
Strain theorists argue that crime is caused by a learned helplessness.
False
Substantive law establishes the definition of criminal acts, such as burglary and theft, and also describes the punishment for those who violate the law.
False
The American legal system is based on the French civil code.
False
The most difficult aspect of an armed robbery is the escape, when the robber must leave the scene before the victim raises the alarm.
False
The wedding cake model of criminal justice depicts the raw number of crimes committed, followed by those reported to the police, those filed by the prosecutor, and those where a conviction is secured.
False
Three-strikes laws stipulate that offenders must be sentenced to life in prison after their third felony conviction.
False
The maximum age of original juvenile court jurisdiction in delinquency matters is 16 in most states.
False (it's 17 in most states)
Rousseau described consensus within the ruling group and the need to use force and other means to ensure the compliance of other groups.
False (this was Locke)
______ theory emphasizes gender involvement in crime.
Feminist
Eric is filing for divorce against his wife, Ariana. Since they are legally separated, Eric currently lives in an apartment, and Ariana lives in the home they bought together. Ariana called the police when Eric peacefully entered the home to take a television set for his apartment. Which of the following is true about this situation?
If Ariana files a lawsuit against Eric, Ariana will be seeking damages.
Which of the following statements is true of grand jury proceedings?
If the grand jury finds sufficient evidence, it submits an indictment to the court.
Which of the following is true of common law?
It refers to the American tradition of following legal precedent.
Which of the following is an example of actus reus?
Jenny hires a hit man to kill her husband so she can collect on his US$1 million life insurance policy.
______ theory considers the effect of one's master status on creating a self-fulfilling prophecy that can cause criminal behavior.
Labeling
Which of the following statements illustrates the assumptions of the conflict theory of justice?
Laws are created to protect the dominant position of the powerful groups.
If an offender is incarcerated for less than a year, where will they likely serve their sentence?
Local jail
Which theory suggests that property holders become members of the common wealth only with their express consent to submit to the government of the commonwealth?
Locke's theory of tacit consent.
Which theorist is credited as the father of criminology?
Lombroso
Who of the following makes the discretionary decision as to whether to stop, search, or arrest?
Police officer
What are the three major components of our criminal justice system?
Police, courts, and corrections
Information that would lead a person to believe that another has committed, is committing, or is about to commit a crime is known as ______.
Probable Cause
What is a sentencing option open to the court that allows a convicted person to remain at liberty as long as he or she complies with certain conditions and restrictions?
Probation
Which of the following is true regarding crimes committed by women over the past seven years?
Property? Drug? Arrest?
______ theory is represented by the crime triangle.
Routine activity
What type of discretion do judges exercise?
Setting bail, denying bail, and imposing sentences
Juanita is a teenager in high school. She is involved in many extracurricular activities at her school and spends the majority of her free time volunteering with a local nonprofit and spending time with her family. What conclusion might a control theorist make about Juanita?
She will not engage in crime because she has strong bonds to society.
______ theorists links capitalism to crime.
Social conflict
______ theorists argue that criminal behavior is related to culture and social class.
Social structure
Which of the following statements is true regarding hierarchy of law?
State constitutions may give greater protection than the U.S. Constitution, but cannot give less.
What is a nolo contendere plea?
The accused accepts the penalty ordered by the court without admitting guilt.
Which of the following statements is true of the appellate process?
The appellate court determines whether errors at trial adversely affected the fairness of the trial process or the accused's constitutional rights.
Which of the following is likely to occur at an initial appearance?
The judge will inform the accused of the charges.
Which of the following is indicative of a case involving civil law?
The plaintiff is required to prove their case by a "preponderance of the evidence."
Which of the following is true of establishing guilt in a criminal matter?
The prosecutor must prove the defendant guilty beyond a reasonable doubt.
What happens when an individual is convicted and sentenced to death?
Their sentence is automatically converted to "life in prison without the possibility of parole."
Which of the following describes offenders who recidivate?
They have committed a new crime.
A good portion of the lesser felony cases will be filtered out of the system prior to trial and end in plea agreements.
True
Armed robbers must maintain their control over their victims while increasing their distance from them.
True
At the preliminary hearing, there must be a finding of proof beyond a reasonable doubt for the case to continue.
True
Burglars are motivated primarily by money in order to maintain their "high-living" lifestyle.
True
Burglars go through "boom" and "bust" cycles.
True
Carjackers are motivated by opportunity and situational inducements.
True
Steve's 97-year-old mother-in-law fell down the stairs at his house, and she said she could not get up. She also complained of chest pains and shortness of breath and asked Steve to call an ambulance because she thought she was having a heart attack. Steve assumed his mother-in-law was being overly dramatic and ignored her. When he went to check on her several hours later, she was dead. Steve could conceivably be prosecuted for his failure to act.
True
Strain theory explains that crime occurs when people living in disadvantaged, dysfunctional, and generally normless families or communities feel as though legitimate opportunities for success and prosperity are out of reach.
True
The National Incident-Based Reporting System (NIBRS) is known for applying the UCR's hierarchy rule.
True
The United States Constitution is the supreme law of the land and takes precedence over state constitutions and law.
True
The accused has the option of having a trial by jury or trial by bench.
True
The case of James Holmes, the Aurora Colorado movie theater shooter is an example of a celebrated case.
True
The crime control model believes that punishment will serve as a deterrent to crime, but there must be expedience and finality in the courts to ensure the deterrent effect.
True
The doctrine of stare decisis (Latin for "to stand by things settled") states that once a court has established a principle of law, it will apply to all future cases in which the facts are substantially the same.
True
The due process model posits that defendants should be presumed innocent and that granting too much freedom to law enforcement will result in the loss of freedom and civil liberties for all Americans.
True
The extent of white-collar crime is difficult to measure.
True
The major difference between civil and criminal matters is the penalty.
True
Weapons are used in most carjacking's.
True
When the accused enters a plea of nolo contendere, he/she accepts the penalty ordered by the court without admitting his/her guilt.
True
Which of the following is considered to be the "supreme law of the land?"
U.S. Constitution
The hierarchy rule is utilized in which of the following reporting systems?
Uniform Crime Report
YoonHee is an 18-year-old single mother who works part-time to support herself and her 6-month-old child and also attends night classes. She often struggles to make ends meet and is eventually laid off from her job. After a few months of unemployment, YoonHee does not have enough money to support herself. Desperate to feed her child, she enters a local supermarket and steals several containers of formula. Which of the following is true?
YoonHee's intent was to steal formula.
After a lengthy trial, the jury has found the defendant not guilty. What is another term for when a defendant is found "not guilty"?
acquittal
Which of the following have researchers relied on to study the effect of nature and nurture on criminal behavior?
adoption studies
Which of the following traits did biologists once believe was caused by a "criminal" chromosome?
aggressive behavior
Which term refers to a state of normlessness that is central to strain theory?
anomie
At which of the following is the accused given the opportunity to plead guilty, not guilty, or no contest?
arraignment
Cesare Lombroso used which term to describe characteristics of offenders?
atavistic
A police officer accused of planting evidence opted to waive his right to a trial by a jury of his peers. Instead, he chose to be tried by a judge. The judge heard both the prosecution and defense sides of the case, and then decided the case on her own. What is this called?
bench trial
Which of the following is the standard used by jurors to arrive at a verdict in a criminal case?
beyond reasonable doubt
Aaron returns home after school to find his apartment has been ransacked. His tablet computer and television are missing. Aaron is the victim of what crime?
burglary
According to one study, which of the following crimes in most symbolic of contemporary urban violence?
carjacking
Which of the following is one of two primary types of law?
civil
Our modern system of law is based upon which of the following?
common law
Which term describes when mens rea and actus reus are both present?
concurrence
Albert is a teenager who lives in a close-knit rural community of 3,000 people where everyone knows one another. He resides in a house with his parents and grandparents. A couple of kids from his school have talked about spray painting the back of the grocery store, but Albert knows the owner of the store and what a hardship it would be for the owner to clean up the mess. Albert talks the kids out of the plan in favor of meeting some friends to play basketball in the park. Albert's actions are best explained by ______ theory.
control
Which are considered less serious offenses and can be punished by less than 1 year incarceration in jail?
misdemeanors
Who is the person against whom a criminal charge is pending?
defendant
Studying criminology can be helpful in determining ways to ______.
deter crime
An offender is convicted of a murder and sentenced to life without the possibility of parole. What type of sentence will this offender serve?
determinate
Which term refers to a sentence whereby someone receives a fixed number of years in prison?
determinate
Which of the following describes the concept of federalism?
division of power between national government and local governments
A girl is adopted at birth. Shortly after the girl is adopted, one of her adopted parents is laid off. Because they are stressed, her adoptive parents become verbally and physically abusive. When the girl becomes an adult, she becomes a pharmacy technician and begins to use and sell prescription drugs illegally. Eventually, she seeks out contact with her biological parents and finds they have both been imprisoned due to illegal drug use and trafficking. What does this exemplify?
dual hazard prediction
Which refers to the presence of both natural and nurture criminogenic factors as a contributing factor to criminal behavior?
dual hazard prediction
Freda Adler and Rita Simon proposed that increases in which area would cause increases in women engaging in criminal behavior?
economic opportunity
Which of the following crimes is classified by the Uniform Crime Report as a Part II offense?
embezzlement
The ______ theories of crime assume that opportunity is the root cause of crime.
environmental criminology
Questions regarding whether police officers should receive free food from restaurants or free coffee from convenience stores are what kind of dilemmas?
ethical
What are rules that spell out appropriate human conduct?
ethics
Daniel burglarizes the home of his friend who is out of town and steals cash from a safe. When he is caught depositing the large sum of cash into his account, he is questioned by law enforcement. Daniel admits that his spouse was recently laid off and that he intended to pay the friend back as soon as he could. Which criminal dimension does Daniel note in his reasoning for committing the crime?
excusable
Published decisions from the U.S. Supreme Court and the U.S. Circuit Courts of Appeal are considered which of the following?
federal common laws
The Occupational Safety and Health Administration (OSHA) regulates work environments throughout the United States. Orders and directives released by OSHA on items that workplaces must adhere to in order to be a safe work environment would be considered which of the following?
federal common laws
Offenders who are incarcerated for 1 year or more typically are housed in which of the following?
federal prison
The United States system of government is based upon which of the following concepts?
federalism
Which offenses are punishable by death or have a possible sentence of more than 1 year of incarceration?
felonies
Jack and Jill plan to shoplift from a convenience store. While Jack walked out with a case of beer he did not pay for, the store clerk confronted Jill, who shot and killed the clerk. Both Jack and Jill are apprehended and charged with first-degree murder. What does this case illustrate?
felony-murder rule
Which term outlines that if a death occurs during the commission of a felony, the defendant will be charged with murder in the first degree?
felony-murder rule
The prosecutor's discretion involves whether or not to ______.
file formal charges
What did early social conflict theorists believe was the root of criminal behavior and deviance?
group struggle
Which of the following is designed to avoid wrongful convictions of innocent parties in criminal cases?
heavy burden of proof
A young man was sentenced to 5-10 years in prison, and is likely to be out early due to good behavior. What type of sentence was he given?
indeterminate
The written statement of the essential facts of the offense charged against the accused and issued by a grand jury is known as ______.
indictment
An array of sanctions that fall between probation and incarceration are referred to as ______ sanctions.
intermediate
College student Lily and her roommate took someone else's coffee and doughnuts from the student union coffee shop. They were chased by a customer from the coffee shop, who was hit by a car as Lily and her roommate raced across the street. With what offense are Lily and her roommate most likely to be charged?
involuntary manslaughter
It is July in Phoenix, Arizona, and Jeff is running errands with his 6-month-old daughter strapped into her carrier in the back seat. Jeff stops at work to grab some files but gets waylaid by coworkers and ends up spending 3 hours at the office. When Jeff returns to the car, he finds his child unresponsive, apparently overcome with the heat. The child is pronounced dead at the hospital. With what crime is Jeff likely to be charged?
involuntary manslaughter
After his placement on juvenile probation for burglary, Mike's parents now call him a delinquent. His teachers whisper about it, and he hears them say he is going nowhere fast. Even other kids at school tell Mike he is a criminal. Mike is starting to think that's all he'll ever amount to. Mike's feelings are best explained by ______ theory.
labeling
Which social process theory notes that people acquire criminal skills and motivations from primary groups, such as family, friends, and peers?
labeling theory
According to Robert Merton, which of the following may cause people to feel strain?
lack of opportunity to achieve economic goals
According to differential association theory, a person becomes a criminal by ______.
learning criminal techniques from others
Janet begins working at a new office supply company as a salesperson. After a few months, she notices her colleagues routinely use and take inventory for personal use. At her previous job, this was considered stealing. When she asks a coworker, her coworker rationalizes the behavior by saying, "Well, with what they pay us, the company at least owes us free office supplies." Janet eventually begins to take office supplies for her personal use as well. Which of the following theories best explains Janet's actions?
learning theory
Which of the following describes who has the authority to make legal decisions and is usually based on geographic location?
legal jurisdiction
A man is arrested for embezzling $500 from his place of employment. This is the first time he has ever committed a crime, and he decides to take a plea agreement. In which layer of the wedding cake model would this case belong?
lesser felonies
At which layer of the wedding cake model of crime do most criminal matters occur?
lesser felonies
In some ancient societies, the punishment for stealing was to have one's hand cut off. This is an example of which source of law?
lex talionis
The Code of Hammurabi set out crimes and punishments based on which philosophy?
lex talionis
Which describes the "eye for an eye, tooth for a tooth" crimes and punishments model?
lex talionis
Courtney was caught shoplifting several tubes of lip-gloss from her favorite store. When asked why she stole the lip-gloss, she noted she did not think she would be caught since it was only a few tubes. Which is one of the five dimensions of criminal opportunity does Courtney note as reasoning for shoplifting?
low risk
Which of the following describes the moment a would-be robber announces his intention to rob his victim and establishes dominance over the victim?
make or break moment
Criminal homicide falls into two categories: murder and ______.
manslaughter
The U.S. legal system is designed to punish offenders who possess the intent to commit a crime. What is this concept known as?
mens rea
A 16-year-old boy is convicted of sexually molesting his 13-year-old neighbor. The judge ultimately decided not to levy the maximum sentence against the boy because of several factors, including his age, his lack of a criminal record, and the fact that he had also been a victim of sexual abuse earlier in his childhood. All of these circumstances reduced the offender's blame. What are these circumstances called?
mitigating circumstances
One's state of mind to commit a crime is known as a person's ______.
motive
Which type of law would building and construction standards in a particular city be considered?
municipal ordinance
Which of the following is the unlawful, intentional killing of a human being with premeditation and malice aforethought?
murder in the first degree
The conditional release of a prisoner before his/her full sentence has been served is known as ______.
parole
Who is the party who is bringing a lawsuit against someone else?
plaintiff
The two major schools of criminological thought are classical and ______.
positivism
Which of the following terms is used to describe frameworks consisting of a group of theories that propose similar explanation for a particular type of behavior?
positivism
Theorists from which school sought to determine basic causes of crime, had strong faith in scientific experts, and believed in rehabilitating offenders rather than punishing them?
positivist
By law, police officers must read the accused his or her Miranda warnings when arresting individuals. This is an example of which type of law?
procedural law
Obtaining search and arrest warrants is an example of which type of law?
procedural law
Sebastian is researching how to lawfully present evidence to a jury. Which of the following is Sebastian researching?
procedural law
What establishes the procedures and mechanisms for processing criminal cases?
procedural law
Which of the following prescribes rules concerning how juries should be selected?
procedural law
Which of the following means that after hearing all the evidence in a trial, the jurors do not possess an overwhelming belief that the charges against the defendant are true?
reasonable doubt
If an accused person is considered not to be a flight risk, they may be released without having to provide bail. What is this called?
released on recognizance
Which of the following sentences requires the offender to pay compensation to the victim?
restitution
Which crime involves taking or attempting to take anything of value from another person by force or threat of force or violence, during which the victim is in fear of injury
robbery
A law enforcement agency monitors daily user activity on certain websites to predict which users will be most likely to commit internet fraud. The ______ theory explains why law enforcement may choose this method of deterring criminal activity.
routine activity
Aaron Hernandez was a former NFL player who was convicted of murdering a former friend. His case would be considered a "celebrated case" in the wedding cake model. If a person who was not a public figure carried out an identical crime, that case would fall under which layer of the wedding cake model?
serious felonies
Which of the following would be an example of an aggravating circumstance?
the offender tortured the victim
In 1994, Orenthal James "OJ" Simpson was tried for the murder of his ex-wife, Nicole Brown Simpson, and her friend, Ron Goldman. The 11-month televised trial that ended with his acquittal has been described as the most publicized criminal trial in history, with an estimated 51 million audience watching the verdict. Based on this information, in what layer of the wedding cake model would this case belong?
serious felonies
In which criminology theory would law enforcement focus on making crime less attractive to potential offenders?
situational crime prevention
Which of the following did Robert Merton argue might cause normlessness?
social change
During a discussion of causes of crime, Carmen notes that those who are more affluent control criminal legislation. Such control causes less powerful groups, such as ethnic and social minorities, to be apprehended and punished at higher rates than those who are members of the affluent group. With which theory does Carmen's opinion most align?
social conflict theory
A person argues that criminal behavior occurs in communities with high population turnover and weakened core social institutions, such as poor schools. With which theory is this person most aligned?
social disorganization theory
Social bond theory proposes that criminal behavior can be deterred when people have strong bonds with ______.
society
A state's Supreme Court justice sets a precedent by interpreting and applying one of the state's laws in a particular way. On a similar case, a justice in a lower court adheres to the Supreme Court justice's interpretation of the same law. What is this an example of?
stare decisis
Which doctrine binds courts of equal or lesser levels within a jurisdiction to the principles established by higher appellate courts within the same jurisdiction?
stare decisis
Which is the most distinctive aspect of Anglo-American law?
stare decisis
Certain offenses, such as truancy and running away, are only illegal when they're committed by juveniles. What are these offenses called?
status offenses
Reginald had to call in sick to work for many weeks due to a severe case of the flu. He has been chronically unemployed, so he becomes worried about losing his job and fears he will not be able to support himself. To begin saving money in case he does lose his job, Reginald begins to sell illegal copies of software he owns to other users online. Which theory of crime does this exemplify?
strain theory
Laws that define murder are considered which of the following?
substantive law
Laws that specify and prohibit certain actions such as theft or arson are examples of which type of laws?
substantive law
Until the 18th century, what was thought to be the cause of criminal behavior?
supernatural forces
In a preliminary hearing, a judge must determine whether or not there is probable cause to believe that the accused committed a crime and should be tried. What is another way that probable cause may be determined prior to a trial?
through prosecutorial discretion
According to theorists in the classical school of criminology, what purpose does punishment serve?
to deter criminal behavior
Some feminist writers criticize Adler's work, stating that feminism has instead made female crime more ______.
visible
Which model of criminal justice portrays the criminal justice process as a four-tiered hierarchy?
wedding cake