Criminal Justice Chapter 3 and 4.
The study of "criminal" human beings is known as
Criminal Anthropology
True or false: Today's biocriminologists are unlikely to assume that biochemistry determines function.
False
Which of the following theories explains criminal behavior and its prevention with the concepts of positive reinforcement, negative reinforcement, extinction, punishment, and modeling, or imitation?
Labeling theory -Learning theory Radical theory Conflict theory
Identify a true statement about the relationship between intelligence and crime and delinquency.
Most adult criminals are not of below-normal intelligence.
Lycurgus, Draco, Solon, and Plato all contributed to the law codes of the
Persians. Indians. -Greeks. Hebrews.
Match the ideal features of good criminal laws (in the left column) with their descriptions (in the right column).
Politically- violations made by the state Specificity-providing strict definitions of specific acts Regularity- applied to all persons regardless of social status Uniformity-enforced against any violators regardless of social status
In the context of common law, a decision made by trial and appellate court judges that forms a potential basis for deciding the outcomes of similar cases in the future is known as a(n) ______________.
Precedent
Identify the true statements about the Enlightenment thinkers, including members of the classical school of criminology. (Check all that apply.)
They rejected the then-dominant religious view of the world, which was based on revelation and the authority of the Church. They assumed that human beings could understand the world through science—the human capacity to observe and to reason.
Exoneration
To free, clear of charges.
True or false: One of the most fundamental tenets of the U.S. legal system is that a person is considered innocent until he or she is proven guilty.
True
The Fourth Amendment prohibits
protections against search and seizures
Which of the following are true of procedural law? (Check all that apply.)
-It is concerned with due process of law, or the rights of people suspected of or charged with crimes. It is the body of law that defines criminal offenses and their penalties. -It is sometimes called adjective or remedial law. -It covers such subjects as the way suspects can legally be arrested, searched, interrogated, tried, and punished.
Which of the following statements is true according to the social control theory that explains crime?
-People will commit crime unless they are properly socialized. Human beings are inherently bad and motivated by sexual and aggressive drives. Antisocial personalities are characterized by a sense of subjective conscience. Criminals are genetically different from noncriminals.
In the context of the general types of penal sanctions, restitution and compensation are similar in that they _____.
-focus on the victim of crime
Which of the following statements are true of criminological theory? (Check all that apply.)
A.The theory motivates lawmakers to weigh the potential pleasure of an action against the possible pain associated with it. B. The theory refers only to explanations of criminal behavior. ---->C. A failure to understand this theory leaves criminal justice policymakers unaware of the problems that are likely to undermine their policies. ----->D. Most of what is done in criminal justice is based on this theory.
Which of the following is a perspective on criminality that focuses on women's experiences and seeks to abolish men's control over women's labor and sexuality?
Conflict theory Labeling theory -Feminist theory Learning theory
precedent
In common law, the decision in a particular case becomes a potential basis, or ________, for deciding the outcomes of similar cases in the future.
Identify the true statements about civil law. (Check all that apply.)
It includes the law of contracts and property as well as subjects such as administrative law and the regulation of public utilities. Its violation is considered a private matter between individuals.
_________ ________is the body of law that governs the ways substantive laws are administered.
Procedural, Adjective, or Remedial Law
Identify the views of the sociological theorist Émile Durkheim on crime. (Check all that apply.)
The biology or psychology of a person can solely explain crime. Crime is an abnormal aspect of society. -Too much crime could destroy society. -Crime is functional for society by marking the boundaries of morality.
Criminological Theory
The explanation of criminal behavior, as well as the behavior of police, attorneys, prosecutors, judges, correctional personnel, victims, and other actors in the criminal justice process is known as
People who believe in the peacemaking theory of criminology believe that the best way to reduce crime rates is to focus on
gun control and police reform. the elimination of patriarchy. equalizing power in society. =transforming human beings.
The criminal law of a political jurisdiction is called the ___________ ___________.
penal code
What gets defined as a criminal act is primarily a ______ process.
political
The primary purpose of the Magna Carta was to _____.
settle the dispute between the king and his nobles by placing checks on royal power
The purpose of the Bill of Rights was to protect
the government from frivolous lawsuits. individuals from abuses by other people. -people from government abuses. the central government from the states.
Which of the following are true of substantive laws? (Check all that apply.)
They govern what people may or may not do They include laws that prohibit and penalize murder, rape, robbery, and other crimes.
The Fifth Amendment prohibits
burning at the stake or torture on the rack. excessive bails and fines. -forced self-incrimination. unreasonable searches and seizures.
The Magna Carta created the basis for which two of the following?
-rule of law -due process of law grandfathered law common law
Identify the true statements about the sociological theorist Émile Durkheim. (Check all that apply.)
He believed that social laws and institutions are social facts that dominate individuals and all that people can do is submit to them. He rejected the idea that the world is simply the product of individual actions.
Andre believes that law has a divine origin and should be based on the Bible. What characteristic of criminal law is Andre forgetting?
That it makes people behave according to certain standards -That it is a political phenomenon That it must not vary by social class That it must have clear punishments
Which of the following is a true statement about psychopaths, sociopaths, or antisocial personalities?
They do not have difficulty in forming relationships with others. They have a strong subjective conscience. They are able to empathize with people who are in pain or suffering. -They do not have a sense of guilt.
One of two general types of law practiced in the United States,__________ _________ is "a formal means of social control [that] involves the use of rules that are interpreted, and are enforceable, by the courts of a political community."
criminal law
The trying of a defendant a second time for the same offense when jeopardy attaches in the first trial and a mistrial was not declared is known as
double jeopardy
Many critics believe the USA PATRIOT Act has weakened the constitutional protections against
double jeopardy. habeas corpus. -illegal search and seizure. excessive bails and fines.
In the context of modern biocriminology, the _________ _________ is a structure surrounding the brain stem that, in part, controls the life functions of heartbeat, breathing, and sleep. It also is believed to moderate expressions of violence; such emotions as anger, rage, and fear; and sexual response.
limbic system
What is the main right protected by the Fourth Amendment?
the right of the people to be secure in their persons, houses, papers, and effects
What is a main right protected by the Sixth Amendment?
the right to a speedy and public trial
The Sixth Amendment is the basis for the right
to counsel.
What is the primary reason for having procedural rights?
to punish convicted criminals -to protect innocent people to safeguard property to investigate crimes
A violation of the civil law is known as a(n) ___________.
tort
Which of the following best expresses the classical view of the causes of crime?
A. Biological inferiority or biochemical processes cause people to commit crimes. -->B.Free-willed individuals rationally calculate that crime will give them more pleasure than pain. C. Crime is a normal aspect of society, although different types of societies have greater or lesser degrees of it. D. Crime is committed because it is positively reinforced, negatively reinforced, or imitated.
Identify the true statements about the sociological theorist Émile Durkheim. (Check all that apply.)
-He rejected the idea that the world is simply the product of individual actions. -He believed that social phenomena, such as crime, can be explained solely by the biology or psychology of individuals. His basic premise is that society is merely a simple aggregate of individuals. He believed that social laws and institutions are social facts that dominate individuals and all that people can do is submit to them.
In the context of explaining crimes, the focus of labeling theory is the _____.
.-way people and actions are defined as criminal the view that criminal law and the criminal justice system are used to control subordinate groups positivist concern with the peculiarities of a criminal the assumption that society is based primarily on the conflict between competing interest groups
What is a valid criticism of family tree studies?
A generational pattern of crime does not prove that criminality is inherited.
Radical theories of crime causation are generally based on the ideas of
Auguste Comte. Émile Durkheim. Sigmund Freud. -Karl Marx.
Which of the following theories of criminology is a product of the Enlightenment period, or the Age of Reason, and is based on the assumption that people exercise free will and are thus completely responsible for their actions?
Classical theory
Which sociological theorist believed that crime is a social fact and performs a function for society?
Emily Durkheim
Which of the following correctly identifies the policy implications of classical and neoclassical theories of crime?
Enact unbiased, reasonable laws. Impose punishments that are proportionate to the crime. Educate the public.
_________ ________ is the body of law that governs the ways substantive laws are administered.
Procedural Law
Based on rulings by the U.S. Supreme Court in Weems v. United States (1910) and Trop v. Dulles (1958), what are cruel and unusual punishments?
only punishments that involve torture, such as breaking on the wheel -punishments that are excessive for the crime according to current social understanding only those punishments listed as cruel and unusual by the framers of the Constitution any form of capital punishment
An ideal characteristic of criminal law, ___________ _________ is the principle that violators will be punished or at least threatened with punishment by the state.
penal sanction
Match the general types of penal sanctions (in the left column) with their focus (in the right column).
Punishment- offending conduct Restitution- crime victim Regulation- entire community Rehabilitation- criminal offender
In the mid-1970s, two studies resurrected the debate on the issue of the relationship between intelligence and crime and delinquency. In both studies, it was maintained that the difference in intelligence between delinquents and nondelinquents had stabilized at about _____.
22 IQ points 40 IQ points three IQ points -eight IQ points
Which of the following best summarizes the biological theories about the causes of crime?
A. Free-willed individuals rationally calculate that crime will give them more pleasure than pain. --->B. Physical or mental inferiority or biochemical processes cause people to commit crimes. C. Competition within and among economic classes causes people to commit crimes. D. Crime is an adaptation to helplessness caused by oppression.
In the context of theories to explain crime, from the perspective of which of the following theories are people expected to commit crime and delinquency unless they are prevented from doing so?
Critical theory Actor-networks theory Grand theory -Social control theory
Common law is based on
articles of the Constitution. -the decisions of judges. presidential orders. legislation passed by Congress.
What is a radical theorist most likely to blame for crime?
democracy patriarchy -capitalism socialism
In the case of Rodriquez v. U.S., the Supreme Court held that
police may not turn routine traffic stops into drug searches using trained drug-sniffing dogs.
Match the general types of penal sanctions (in the left column) with their purposes (in the right column).
punishment- preventing undesired conduct and providing retribution Restitution- Making the victim "whole again" by having the offender directly or indirectly pay the victim Compensation- making the victim whole again by having the state pay for damages to the victim Regulation- controlling future conduct toward the best interests of the community Rehabilitation- changing the offenders behavior and perhaps personality
In the context of modern biocriminology, match the levels of various brain neurotransmitters (in the left column) with the associated crimes (in the right column).
serotonin- murder and arsonists Norepinephrine- compulsive gambling
What is the main right protected by the Fifth Amendment?
the right to a speedy and public trial protection again excessive fines or cruel and unusual punishments the right of the people to be secure in their persons, houses, papers, and effects -the right to a grand jury indictment and protection against double jeopardy
A violation of the civil law is known as a(n) ____________.
tort
The Eighth Amendment prohibits
unreasonable searches and seizures. forced self incrimination. double jeopardy. -cruel and unusual punishments.
True or false: The basic assumptions of the critical theories that explain crime are the same as those of classical and neoclassical theories.
False
The positivist school of thought rejected which of the following assumptions of classical criminology?
Human beings act from free will
Offenses against the Spirit Beings
In traditional Cherokee criminal law, which offenses were addressed by a court-like tribal group which included a member from each of the seven clans?
Identify the problems associated with the psychoanalytic theory of crime causation. (Check all that apply.)
It considers a behavioral problem a social problem, not a personal one. -It generally ignores the environmental circumstances in which a problematic behavior occurs. It has a scientific theoretical structure that does not consider emotions. -It rests on faith, and much of its theoretical structure is scientifically untestable.
__________ ________ is the body of law that defines criminal offenses and their penalties.
Substantive Law
A person cannot be tried for the same crime twice because the Bill of Rights prohibits
habeas corpus. bills of attainder. -double jeopardy. forced self-incrimination.
The cause of crime for Durkheim is the dissociation of an individual from the general sense of morality of the times. This dissociation is known as
anomie
Which of the following are true of the United States Bill of Rights? (Check all that apply.)
Most of its provisions apply only to the national government. Of the 12 provisions in the Bill of Rights, only the right to a grand jury indictment is applicable to the states. -It is made up of the first 10 amendments of the Constitution. -Most of the procedural rights given to criminal suspects or defendants in the United States are found in the Bill of Rights.
Which of the following theories emphasizes the criminalization process as the cause of some crime?
Neoclassical theory -Labeling theory Radical theory Conflict theory
__________ _________is an approach that suggests that the solutions to all social problems, including crime, are the transformation of human beings, mutual dependence, reduction of class structures, creation of communities of caring people, and universal social justice.
Peacemaking Criminology
Which of the following are characteristics of psychopaths, sociopaths, or antisocial personalities? (Check all that apply.)
Responsiveness in general interpersonal relations -Unreliability and specific loss of insight Presence of delusions and other signs of irrational thinking -Pathologic egocentricity and incapacity for love Yes--->>> Fantastic and uninviting behavior Responsiveness in general interpersonal relations Unreliability and specific loss of insight Presence of delusions and other signs of irrational thinking Pathologic egocentricity and incapacity for love Fantastic and uninviting behavior Responsiveness in general interpersonal relations Unreliability and specific loss of insight Presence of delusions and other signs of irrational thinking Pathologic egocentricity and incapacity for love Fantastic and uninviting behavior
The positivist approach to criminology bases its work on
Science
Criminal anthropology is associated with the work of Cesare Lombroso. Identify the propositions of Lombroso's theory of a physical criminal type that was published in 1876. (Check all that apply.)
-Individuals who are predisposed to crime cannot desist from crime unless they experience very favorable lives. Physical stigmata cause crime. The criminal type is clearly distinguished in a person with fewer than three stigmata or physical characteristics. -Criminals are, by birth, a distinct type.
Which of the following are true of the USA PATRIOT Act? (Check all that apply.)
-It allows the FBI to search private records without a warrant and probable cause. -It creates the new crime of "domestic terrorism." It allows U.S. intelligence agencies to collect foreign-to-foreign phone calls and e-mails where one party is in the United States.
Which of the following statements is true of the medical model of crime causation that includes psychoanalysis and the psychoanalytic theory on which it is based?
-It maintains that criminals are biologically or psychologically sick and in need of treatment. It maintains that people commit crimes irrespective of psychological disturbances. It highlights that a person commits a crime because of a social problem. It focuses on the environmental circumstances that cause problematic or criminal behavior.
Identify a true statement about the critical theories that explain crime.
-They assume that human beings are the creators of the institutions and structures that ultimately dominate and constrain them. Unlike classical and neoclassical theories, they assume that human beings have free will. Unlike positivist theories, they maintain that it is always possible to be objective or value neutral in anything a person does. They maintain that society is characterized primarily by moral values over conflict.
Which of the following is a problem that family tree studies have?
-They fail to adequately separate the influence of heredity from environmental influences. They fail to collect empirical evidence on the influence of heredity. They fail to collect a sample that is adequately representative of criminals. They fail to consider the impact of biological factors on crime.
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
You learn that the police have attached a GPS device to your vehicle without a valid warrant. According to the Supreme Court, this violates the _________ Amendment.
Fourth
Which of the following are true of criminal law? (Check all that apply.)
Its violation is considered a tort. -Its violation is considered an offense against the state. -Its violation is considered a crime. Its violation is considered a private matter between individuals.
The earliest written laws are attributed to King _____ of Lagash.
Urukagina
punishment
Which of the following penal sanctions is used primarily to prevent undesired conduct and to provide retribution?