Criminal Justice Final Exam
intentional tort
False arrest and false imprisonment Assault and battery Excessive use of non-deadly force Excessive use of deadly force Wrongful death
Which defense, in Section 1983 cases, holds that the officer "acted in the honest belief that the action taken or the decision was appropriate under the circumstances?"
The good faith defense
If police are sued the Defendants are
Police Officer Police Supervisor City or County
One reason Katz v. United States (1967) is significant is that it makes the Fourth Amendment protection
Portable
A convicted offender is allowed to remain free in the community, subject to court-imposed conditions and under supervision is on
Probation
The juvenile justice system is based on the concept of parens patriae which means
State of the parent
Which of the following is NOT one of the five general categories of criminal sentences?
Torture
Attaching the device without a warrant constitutes
Trespass
The use of power possessed by virtue of law and made possible only because the officer is clothed with the authority of the state is known as
acting under color of law
Plaintiff must prove
That defendant was acting under color of law, AND There was a violation of a right given by the Constitution or by federal law
Title III of the Omnibus Crime Control and Safe Streets Act of 1968 provides that law enforcement officers nationwide can tap or intercept wire communications to intercept private conversations
if one of the parties has consented.
The perception is that terrorism is mainly viewed by legislatures and policy makers as a concern for
national law enforcement agencies
The two categories of types of force used by police officers are
deadly and nondeadly
Most state agencies, by law or official policy, provide representation to state law enforcement officers in civil actions. Such representation is usually undertaken by the
state attorney general
To obtain money damages from a police officer under Section 1983, the plaintiff must prove the officer was acting under color of law and that the officer
violated a constitutional right or one given by federal law.
The death penalty was declared unconstitutional in 197_ and constitutional in 197_.
1972 and 1976
Electronic surveillance is the use of electronic devices to monitor a person's
Activities and Location
The USA PATRIOT Act of 2001 gave the police extensive authority to do which of the following to suspected terrorists? -Seize -All of the answers are correct. -Eavesdrop -Search
All of the answers are correct
Which of the following have the courts held is an indication that an officer who is "moonlighting" is acting under the color of the law? -Wearing a police uniform while acting as a private security agent -Carrying a gun issued by the department -All the above -Informing department authorities of the second job
All the above
Title 42 of the U.S. Code, Section 1983 is commonly referred to as the
Civil rights law
Sentencing is the formal pronouncement of punishment in a criminal prosecution following a
Conviction
Criminal sentences are classified into five categories:
Death penalty Imprisonment Probation Intermediate sanctions Fines, forfeiture, and restitution
Jails are places of confinement usually reserved for which of the following?
Detainees
Different sentences given for similar crimes is known as sentencing
Disparity
Laws that are unfair can violate the constitutional right to the fundamental fairness of
Due process
The USA PATRIOT Act of 2001 had what effect on the authority of federal, state, and local law enforcement agents to search and seize persons and things?
Expanded it
In which of the following cases did the Court hold that due process requires that where a U.S. citizen is detained for allegedly fighting against the United States as an enemy combatant, that person should be given a meaningful opportunity to contest the factual basis for his detention before a neutral decision maker?
Hamdi v. Rumsfeld
In which of the following cases did the Court hold that any form of electronic surveillance, including wiretapping, that violates a reasonable expectation of privacy, constitutes a search under the Fourth Amendment. No physical trespass is required?
Katz v. United States
Negligence Torts
Liability for failing to protect a member of the public Liability for negligent use by a police of motor vehicles Liability of injury caused by a fleeing motorist-suspect Liability for failure to respond to a call Liability for failure to arrest drunk drivers
The release of a prisoner prior to the end of his/her prison term but subject to supervision is known as
Parole
Which of the following is NOT a type of intermediate sanction?
Parole
Defense
Qualified immunity Probable cause
The Court has held that using a technological device to explore details of a home that would have been unknowable without physical intrusion
Requires a search warrant
The Electronic Communications and Privacy Act (ECPA) of 1986
Safeguards private conversations from the government Bans internet providers from seeing contents of communication without consent
Prisoners in the United States used to be viewed as virtual
Slaves of the State
Sentencing goals and objectives generally fall into four categories. Which of the following is not one of those categories?
Vengeance
Who can be prosecuted under state and federal criminal laws for the same act, and the protection against double jeopardy does not apply.
a officer
What is a tort?
civil wrong in which the action of one person causes injury to the person or property of another person in violation of a duty imposed by law.
One of the legal issues regarding terrorism is determining who
is an enemy combatant.
The doctrine that holds that government functions are owed to the general public but not to specific individuals is the
public duty doctorine
In Scott v. Harris (2007), the Court held that police can use deadly force in connection with vehicle chases as long as suspect's behavior constitutes a danger to
the public
Color of law
the use of power possessed by virtue of law and made possible only because the officer is clothed with the authority of the state.