crim just 2

Which of the following is a characteristic of truth in sentencing laws?

Offenders spend a substantial portion of their sentence behind bars.

The use of ________ was extremely common in England during the mid-eighteenth century

capital punishment

An inmate's first incarceration experience is likely to occur in a ________ .

classification center

After examining the evidence and testimony of witnesses, the grand jury decides:

whether probable cause exists for prosecution

By the end of the sixteenth century instead of being tortured or executed many offenders were:

made to do hard labor for their crimes

A Judges consideration of the defendant's social class, gender, age, and race would be a direct violation of constitutional due process and equal protection and is why state have adopted what?

mandatory sentencing

A concern held by critics of private prisons is that private prisons:

may have difficulty evaluating programs

Because of numerous appeals, time between conviction by jury, sentencing by the judge, and the average execution time of 14 years in California, the state spends approximately ________ per year on death row appeals.

$5 million

How many prisons were built before 1875?

25

More than ________ percent of first time felons are sentenced to probation as a means to reduce the population overload in an overcrowded and underfunded correctional system.

30

What percentage of the people now entering prison are parole violators?

33 percent

According to national data, what percent of adults leaving probation successfully complete their sentences?

60 percent

At the present time, our juvenile justice system is based on what approach?

A balanced approach where the system tries to provide treatment to needy youths and get tough with dangerous repeat offenders.

Which of the following is a common argument of opponents of the plea-bargaining process?

A guilty-plea culture has developed among defense lawyers.

Which of the following provides an explanation for prison violence that includes prison mismanagement and poor administration?

Administrative-control theory

Which jurisdiction eliminated plea bargaining in 1975?

Alaska

In ________ the Supreme Court ruled it was cruel and unusual punishment to execute the mentally challenged.

Atkins v. Virginia

All of the following are considered advantageous of pretrial diversion except:

Avoiding all contact with the criminal justice system

Which of the following cases determined that the accused is entitled to a jury trial when the possible sentence is six months or longer?

Baldwin v. New York

In which of the following cases did the U.S. Supreme Court rule that a judge cannot revoke probation for failure to pay a fine and/or make restitution?

Beardon vs. Georgia

Which of the following is false?

Both juveniles and adults have a constitutional right to a jury trial.

Which of the following U.S. Supreme Court cases established that it is double jeopardy for a juvenile to be tried in both the juvenile and the adult justice systems

Breed v. Jones

What does the inmate-balance theory attempt to address?

Collective violence

________ involves hacking secure computer networks at the enemy's most sensitive military bases, defense contractors, and aerospace companies in order to steal important data or access their defenses.

Cyber espionage

Which of the following is a characteristic of a total institution?

Inmates are forced to obey strict official rules

Which of the following tasks performed by a probation officer involves an officer analyzing the client's character, attitudes, and behaviors?

Diagnosis/Risk Classification

Which of the following is an element of the inmate social code?

Don't be a sucker.

Which of the following is a benefit derived from work release programs?

Easing the transition to the community

Under the hands-off doctrine, unless the circumstances of a case clearly indicated a serious breach of ________ rights, the courts would avoid dealing with correctional administrative matters.

Eighth Amendment

In the 1800s ________ was under the control of Warden Zebulon Brockway and was intended to be a penitentiary modeled after the principles set forth by the National Congress of Penitentiary and Reformatory Discipline.

Elmira Reformatory

________ is the illegal buying and selling of merchandise on the internet.

Etailing fraud

Which group established in 1994 meets to discuss and jointly address the transnational aspects of Eurasian organized crime that impact member countries and the international community in general?

Eurasian Organized Crime Working Group

In which of the following cases did the U.S. Supreme Court uphold the three-strikes sentence for stealing a set of golf clubs?

Ewing v. California

In which 1994 case did the court rule that prison officials are legally liable if, knowing that an inmate faces a serious risk of harm, they disregard that risk by failing to take measures to avoid or reduce it?

Farmer v. Brennan

What is the basis for prisoners' rights cases in the courts?

Federal Civil Rights Act

The grand jury is codified in the ________ Amendment of the U.S. Constitution.

Fifth

Which of the following statements is true regarding the use of fines in the United States?

Fines are most commonly used in cases involving misdemeanors and lesser offenses.

________ is the seizure of personal property by the state as a civil or criminal penalty.

Forfeiture

________ are designed to bridge the gap between institutional living and the community.

Halfway houses

Which of the following sentencing models is most consistent with the goal of rehabilitation?

Indeterminate Sentencing

This act increased existing penalties for the crime of identity theft, established aggravated identity theft as a criminal offense, and establishes mandatory penalties for aggravated identity theft.

Identity Theft Penalty Enhancement Act of 2004

The first comprehensive juvenile court was established in 1899 in what state?

Illinois

This 1967 U.S. Supreme Court case held that in hearings where juveniles could be committed to an institution they had several constitutional rights.

In re Gault

In ________ the Court held that the standard of proof "beyond a reasonable doubt" is required at the adjudication of a delinquency petition.

In re Winship

Which of the following is the most severe statutory disposition available for juveniles if they are processed in the juvenile justice system?

Incarceration up to a juvenile's 21st birthday.

Which of the following is a common criticism of bail?

It discriminates against the poor

Which of the following is a recent change in the response to corporate enterprise crime?

It has become the norm for corporate criminals to go to prison.

Which of the following is not a reason that cybercrime creates a compelling challenge for the criminal justice system?

It is not typically recognized a legitimate criminal threat, thus few resources are devoted to it

In this 1968 case corporal punishments all but ended after they were condemned.

Jackson v. Bishop

The father of probation, or person credited with originating the modern probation concept, is:

John Augustus

His famous book The State of the Prisons (1777) condemned the lack of basic care given English inmates awaiting trial or serving sentences. His efforts to create humane standards in the British penal system resulted in the Penitentiary Act, by which Parliament established a more orderly penal system.

John Howard

When a jury renders a verdict based on their belief that the law is being unjustly applied, it is called

Jury Nullification

How do teen courts differ from other juvenile justice programs?

Juveniles determine the disposition in a case.

Which of the following factors influences an inmate's chances of succeeding on parole?

Limits on discretionary parole that discourages inmates from seeking involvement in rehabilitation programs.

Which of the following is a widely used explanation for the rise in the prison population?

Mandatory sentencing laws

In ________ the court held that mandatory sentences of life without parole are unconstitutional for juveniles regardless of the underlying offense.

Miller v Alabama

In ________ the Supreme Court ruled that the probation officer-client relationship is not confidential. This case also held that a probation officer could use trickery or psychological pressure to get information and turn it over to the police.

Minnesota v. Murphy

In ________ the Supreme Court the probation officer-client relationship is not confidential.

Minnesota v. Murphy

Which of the following statements is true regarding the representation of minority offenders in the juvenile justice system?

Minority juveniles are less likely to be diverted from the court system into informal sanctions compared to white offenders.

In ________ the Court held that school officials can legally search students who violate school rules, though there is no evidence that the student violated the law.

New Jersey v. T.L.O.

Seventy percent of youths in detention are held for what?

Non-Violent Offenses

Which of the following stages of a jury trial directly follows jury selection?

Opening statements

The ________ was a prison system developed in the 19th century that stressed total isolation and individual penitence as a means of reform.

Pennsylvania System

________ is the illegal acquisition of personal information, such as bank passwords and credit card numbers, by masquerading as a trustworthy person or business in what appears to be an official electronic communication.

Phishing

Which of the following statements is true regarding police interrogations of juveniles?

Police should interrogate a juvenile without an adult present only if they are sure that the youth is unquestionably mature and experienced enough to understand their legal rights.

________ is an investment fraud scheme that involves the payment of purported returns to existing investors from funds contributed by new investors.

Ponzi scheme

Which laws in 17th century England provided the appointment of overseers to indenture destitute or neglected children?

Poor laws

In a civil trial, the standard of proof is:

Preponderance of the evidence

Which of the following is a similarity between the juvenile and adult justice systems?

Pretrial detention

Which of the following choices is the most widely-used formal sentence in the juvenile system?

Probation

Which of the following is an argument for the death penalty?

Proportional to the crime

What makes the Racketeer Influenced and Corrupt Organization Act such an effective tool to combat transnational crime?

RICO makes it easy for the government to confiscate all profits derived from criminal activities.

Which of the following explains the disproportionate number of minorities in jail?

Racial disparity in the ability to obtain bail.

In ________ the Court ruled that a three-drug lethal injection procedure does not violate the Eighth Amendment protection against cruel and unusual punishment.

Raze v Rees

A crucial aspect of the presentence investigation is ________ , because the sentencing judge will often times rely on it?

Recommendation

Which group that falls within the Asian gangs is said to be responsible for manufacturing and trafficking methamphetamine?

Red Wa.

Which of the following is not a benefit of intermediate sanctions?

Reduce overcrowding in jails

According to this sentencing goal, the criminal justice system is obligated to help unfortunate criminals and not simply punish them for their misdeeds.

Rehabilitation

Many juvenile code provisions allow which of the following to be used as a substitute for juvenile bail?

Releasing the child to the parents.

Which of the following is considered to be the most secure intermediate sanction?

Residential Community Correct.ions

________ is a condition of probation usually in which the offender repays society or the victim of a crime for the trouble the offender caused.

Restitution

________ occurs when a probationer violates their conditions of probation or commits a new criminal offense and the original sentence of incarceration is enforced.

Revocation

In ________ the Court ruled that juries, not judges, must make the critical findings that send convicted killers to death row.

Ring v. Arizona

Which of the following refers to a practice in which an employee sets up a dummy bank account and transfers a percentage of money from every financial transaction made by his employer to this dummy account, gaining a few pennies off each transaction, which quickly adds up to a large amount of money?

Salami slicing

Which federal agency is primarily responsible for protecting investors, maintaining fair, orderly, and efficient markets, and facilitating capital formation?

Security Exchange Commission

Which of the following stages of a jury trial directly follows jury deliberations?

Sentencing

Which of the following was introduced to curb judicial discretion and make the sentencing process more rational?

Sentencing Guidelines

According to the ________ Amendment of the U.S. Constitution, the accused has the right to be informed of the nature and cause of the accusation; thus, the judge at the arraignment must make sure the defendant clearly understands the charges.

Sixth

Three Strikes Laws that mandate a 25 year to life sentence for repeat offenders are designed to achieve which correctional goal?

Specific Deterrence

The U.S. Supreme Court's interpretation of the Eighth Amendment's provisions on bail was set out in what case?

Stack v. Boyle (1951)

A ________ mortgage is a home loan given to borrowers who, because of their income, would not ordinarily qualify for bank loans.

Subprime

Which of the following mandated that no defendants shall be kept in pretrial detention simply because they cannot afford money bail?

The Bail Reform Act of 1984

A writ of habeas corpus would occur during which state of the criminal justice process?

The appeal

Probation rests on which of the following assumptions?

The average offender is not dangerous and deserves a second chance

Which of the following statements is true regarding the development of correctional institutions?

The concept of incarcerating convicted offenders for long periods of time as a punishment for their misdeeds did not become the norm of corrections until the nineteenth century.

Why is a criminal trial considered to be an important part of the criminal justice system?

The criminal trial is a symbol of the moral authority of the state.

Which of the following is the greatest problem faced by correctional officers?

The duality of their role as both maintainers of order and advocates of rehabilitation

Which of the following statements indicates a difference between medium- and maximum-security prisons?

The medium-security prison has fewer guard towers

Which of the following characterizes our "new-generation" jails?

They are constructed to allow for the continuous observation of residents. c. They house a significantly higher proportion of white collar offenders.

Which of the following is true about most female institutions?

They are most frequently non-secure facilities similar in appearance to college dormitories

What was significant about the Court's decision in Estelle v. Gamble (1976)?

This case afforded inmates access to adequate medical care.

Which of the following is not a primary function of jails?

To house federal prisoners convicted of felony

________ is the use of illegal tactics to gain profit in the global marketplace.

Transnational organized crime

The expansion of traditional tools of surveillance including wiretaps, search warrants, pen/trap orders (installing devices that record phone calls), and subpoenas is part of what legislation?

USAPA

Which of the following descriptions would depict the greatest number of female prison inmates?

Under thirty years old, a member of a minority group, unmarried, a high school dropout, and underemployed

In which of the following cases did the U.S. Supreme Court rule that the federal sentencing guidelines were unconstitutional?

United States v. Booker

In which of the following cases did the U.S. Supreme Court uphold the legality of a warrantless search of a probationer's home for the purposes of gathering criminal evidence?

United States v. Knights

Which of the following is not considered a form of cyber vandalism?

Warez

Which of the following factors would a judge be the least likely to consider when determining a sentence?

Whether the defendant was intoxicated at the time of the offense

Which of the following statements regarding corporate enterprise crime is false?

While corporate enterprise crime has had a major impact on the individual shareholders and employees of the companies engaged in these activities, its impact on the U.S. economy has been relatively minor.

Who revised Pennsylvania's criminal code at the end of the 17th century to forbid torture and the capricious use of mutilation and physical punishment and ordered that a new type of institution be built to replace the widely used public forms of punishment—stocks, pillories, gallows, and branding irons?

William Penn

Which of the following statements about probation is true?

Without probation, the correctly system would rapidly become even more overcrowded, overly expensive, and unmanageable.

Gender is an extralegal factor that has been shown to influence sentencing. Most research findings suggest which of the following to be true?

Women tend to receive more lenient treatment from judges than do their male counterparts.

When a fine is geared towards an offender's ability to pay, it is called:

a day fine.

In about one-quarter of probation sentences, the judge will formulate a prison sentence and then suspend it if the offender agrees to obey the rules of probation while living in the community. This is called what?

a suspended sentence

The English Penal Servitude Act of 1853 made it possible to grant inmates ________ which is considered to be an early form of parole.

a ticket of leave

The concept of prisonization refers to the:

assimilation of inmates into the prison culture

One benefit of shock incarceration is that it:

assists in alleviating prison overcrowding

The most difficult challenge of carrying out the goals of restorative justice is:

balancing the needs of the offenders with those of their victims

The ________ is essential to a fair criminal trial because it restricts and controls the admissibility of hearsay evidence.

confrontation clause

A prison sentence for two or more criminal acts that are served one after the other is called a:

consecutive sentence

Under the ________ system, correctional officials sold the labor of inmates to private business, but retained control of the inmates.

contract

Under the ________ , the state leased its prisoners to a business for a fixed annual fee and gave up supervision and control.

convict lease system

Which of the following forms of cyber crime involves malicious attacks aimed at disrupting, defacing, and destroying technology?

cyber vandalism

The primary goal of intensive probation supervision (IPS) is:

decarceration

According to the Eighth Amendment's provision on bail:

defendants are protected from excessive bail.

In this model also known as the new penology, rather than administer individualized treatment, decision makers rely on actuarial tables and tests to make decisions.

desert/incapacitation model

When a criminal sentence provides a fixed term of incarceration, it is termed a(n) ________ sentence.

determinate

The purpose of the preliminary hearing is to:

determine if probable cause is sufficient to merit a trial

A common criticism of boot camps is that they:

do not impact recidivism rates

When a defendant pleads nolo contendere, it means that he or she

does not accept or deny responsibility for the crime.

Recent evaluations indicate that given the proper treatment ________ who are offered a place in pretrial programs can significantly lower their rates of recidivism.

drug offenders

One of the largest and fastest growing problems related to illegal dumping is the disposal of ________ such as televisions, computers, and VCRs.

e-waste

Most prisons have programs designed to help inmates suffering from alcohol and substance abuse but the first prison treatment programs were ________ ?

educational

A common criticism of shock probation is that:

even a brief period of incarceration can be stigmatizing to an offender.

Opponents of the death penalty argue that Police are not required to include ________ in their investigative reports, making it easier to convict those that may be wrongfully accused or who have been misidentified as suspects.

exculpatory evidence

Preemptory challenges allow the prosecution and defense to:

excuse jurors for no particular reason or for undisclosed reasons

Which of the following is not a typical characteristic of a prison inmate?

female

Who is not likely to be a target of prison sexual violence?

gay men

The number of prison inmates who have experienced homelessness, mental illness, substance abuse and unemployment is ________ the number of people in the general population with these social problems.

higher than

Which of the following is not one of the different forms of green crime?

illegal camping

The medieval practice of ________ allowed judges to suspend punishment so that convicted offenders could seek a pardon, gather new evidence, or demonstrate that they had reformed their behavior.

judicial reprieve

When a juvenile is transferred to adult court after a formal hearing and a juvenile court judge deciding to waive jurisdiction it is called a ________ .

judicial waiver

The philosophy of justice asserting that those who violate the rights of others deserve to be punished is known as:

just desert

The concept that a punishment should be no more or less than the offender's actions deserve is referred to as:

just deserts

In which type of prison are you most likely to find work furloughs, educational releases and numerous vocational training opportunities?

minimum security

It is unclear how much rape and sexually violent activity occurs in prisons primarily because

most prison rape goes unreported by inmates.

One popular technique, ________ , assumes that disinterested probationers forced into treatment will lack the will to change and therefore attempts to increase the probationer's awareness of their potential problems, and acknowledge the risks they face when and if they fail to change their behavior.

motivational interviewing

These types of jails allow for direct-supervision and indirect-supervision and continuous observation of residents.

new generation

As the result of efforts by the New York Electronic Crimes Task Force,

over 1000 individuals have been charged with electronic crime.

The juvenile justice system was created according to the ________ philosophy, which means it was a quasi-social welfare agency that acted as a surrogate parent in the interests of the child.

parens patriae

To address issues of sexual exploitation of inmates, approximately 40 states and the District of Columbia have:

passed laws criminalizing some types of staff sexual misconduct in prisons.

A secure correctional facility based on the Quaker concept that incarcerated criminals should show remorse and regret is called a:

penitentiary house

Most of the juveniles currently confined in private or public juvenile correctional facilities have been adjudicated for ________ crimes.

person-oriented

What is the role of the defense counsel in plea bargaining?

plays an advisory role

Which is not one of the efforts that has taken place to reform juvenile sentencing?

restricting probation sentences

According to the ________ goal of sentencing, the essential purpose of the criminal process is to punish offenders, in a manner that is proportionate to the gravity of their crimes.

retributive

A ________ waiver means that only a trial judge can order the case back to juvenile court because of state laws that mandate certain offenses be tried in adult court.

reverse

Today more than ________ percent of criminal convictions are the result of negotiated pleas of guilty (plea bargains).

roughly 90

The goal of the Prison Litigation Reform Act of 1996 was to

slow down prison litigation which had been clogging the Federal courts.

Which of the following is not one of the personal losses experienced by inmates while incarcerated?

social networks

A crime control policy that suggests the punishment should be severe enough to convince convicted offenders never to repeat their crimes again is known as:

specific deterrence

Some offenders receive some form of a ________ in which they must first serve a jail term before being released on probation.

split sentence

The police are authorized to arrest youth for ________ or behavior considered legal for adults.

status offenses

This type of prison houses the most dangerous and predatory criminals and inmates are locked in their cells twenty-two to twenty-four hours a day.

super-maximum security prisons

A charter to protect indigent youths who were at risk of crime by taking them off the streets and reforming them in a family-like environment was taken on by what entity?

the child saver movement

In the second half of the nineteenth century, the emphasis of reform in the Juvenile court shifted from massive industrial schools to what?

the cottage system

One of the challenges to detecting and controlling internet pornography is:

the potential violation of an individual's freedom of speech.

Because substance abuse is so prevalent among correctional clients, some correctional facilities have been reformulated into ________ that apply a psychosocial, experiential learning process.

therapeutic communities

Under federal environmental laws, a company may be charged with a felony if:

there is evidence the company personnel knowingly engaged in conduct risking injury.

In 1977 Congress passed the Foreign Corrupt Practices Act (FCPA), for what purpose?

to make it a criminal offense to bribe foreign officials

Human trafficking, migrant smuggling, arms dealing and drug smuggling are all examples of:

transnational crimes.

The initial list from which jurors are selected is called a:

venire

Many jurisdictions allow a ________ , which is a narrative discussing the effects that a crime has had on a victim's life, to be read in open court before sentence is passed.

victim impact statement

Which is not a part of adapting to a female institution?

violent behavior