ethics in criminal justice exam 2
to the timeline of events, during which decade did crime rates begin to rise for reasons that still remain unclear?
1960s
According to the timeline of events, during which year did the Safe Streets Act enlarge the federal role in crime control?
1967
During which decade did criminologists reconsider the idea of retribution and advance new formations beyond the general thought of retribution as vengeance
1970s
The demise of rehabilitation began during which decade?
1970s
According to the timeline of events, during which year did the war on drugs begin to severely impact the criminal justice system as prosecutions increased?
1986
According to the timeline of events, during which year did the Department of Justice continue its policy of playing a lead role in campaigning for more punitive crime control policies?
1988
A Code of Judicial Conduct was adopted by the ABA in
1990
A prosecutor who is under a duty to keep the public informed about pending cases has a corresponding duty not to make statements out of court that might prejudice the right to a fair trial is in reference to Model Rule
6.2
Between 1982 and 1999, over ______ state and at least 51 federal correctional facilities were opened
600
Females comprised ______ of the total national prison population by the end of 2016.
7%
By 1914, ______ of all state bar associations had adopted the Cannons of Professional Ethics accepted by the ABA.
75%
Public opinion surveys show that ______ out of every 10 Americans support voting rights for those offenders who have completed their sentence
8
Which philosopher strongly attacked the notion of confidentiality that protected a lawyer from testifying when client had admitted guilt?
Jeremy Bentham
As a result of ______ activism and the social activism of the late 1960s, many inmates, especially minorities, were provided with
Judicial
Which of the following reasons are not one of the reasons commonly argued in favor of the adversarial system as outlined by Luban (1988)?
The nature of the attorney-client relationship is intrinsically worrisome
How did the Corrective Education Company run afoul of the law while conducting their privately-operated retail theft diversion program in California?
They offered shoplifters no actual choice and a program agreement amounting to extortion.
Which of the following is not an ethical issue arising from privatization of prisons?
Will the state receive the benefits for which it paid when retaining a private correctional company?
Jacobs' (1977) study of the Illinois Stateville Prison describes the early days that exhibited imposition of arbitrary and ad hoc discipline, which was followed by
a bureaucratized system with rules and regulations
According to Model Rule 1.3
a lawyer is to act with reasonable diligence and promptness when representing a client
Prosecutors have almost ______ immunity in so far as their decisions to bring charges.
absolute
The primary ethical duties of a judge are to
act without bias or prejudice and follow the law
Durkheim theorized that the main purposes of punishment were to
affirm social values and promote social solidarity
Plea bargains benefit the prosecutor in which of the following ways
all of these
Restorative justice focuses on
all of these
Sociological perspectives on punishment include the thinking of ______.
all of these
The ABA suggests that in deciding whether to bring charges, criteria to be considered should include ______.
all of these
The notion of incapacitation is reflected in such punishment policies as
all of these
Which of the following is true about judges
all of these
Which of the following is true of punishment?
all of these
According to ABA Model Rule 1.16, this rule
allows a lawyer to withdraw representation if the client insists upon pursuing objectives the lawyer finds repugnant or prudent
According to Model Rule 1.6 (b)(1), this rule
allows a lawyer, in certain narrowly defined circumstances, to disclose confidential client information to prevent future harm
As is the case with police officer and many occupations, prison officers have
an occupational subculture
Which of the following is not one of Kauffman's (1988) five types of prison officer attitudes?
black hats
If the lawyer has accepted a criminal case but then finds out that the client is clearly guilty but wants to fight the charges, the lawyer
can continue and require that the prosecution prove the case beyond a reasonable doubt
According to Weber (1964), opposed to classical liberal philosophy is the view that the state has the sole right to use ______ power.
coercive
Lawyer-client confidentially is waived or negated if the client
consults the attorney in furtherance of crime or fraud
In the mid-19th century Wood (1854) argued that the ethical issue of ______ led to the corruption and degradation of the legal profession, nevertheless the Supreme Court ruled the practice valid in 1877.
contingent fees
The contest between prosecution and defense ______ the rights of the individual to the power of the state.
counterbalance
In regards to the timing of prosecution's pretrial disclosure of evidence to the defense
courts are not in agreement as to the timing because the standards lack precision
The American Bar Association Standing Committee on Ethics and Professional Responsibility in a formal opinion on Rule 3.8 has noted
courts as well as commentators have recognized that the ethical obligation is more demanding than the constitutional obligation
The ______ role calls for impersonal relationships, a controlling demeanor, and complete enforcement of prison rules.
custody
In light of the costs of incarceration, what new class of prisoner has been created?
debtors
Correctional officers often engage in "corruption of authority," meaning they
deliberately refrain from enforcing prison rules
Individual (or specific) deterrence seeks to
deter the individual punished
Jeremy Bentham and Cesare Beccaria supported the ______ theory of punishment.
deterrence
The theory of punishment that assumes that people will refrain from crime because of fear of punishment is
deterrence
Prosecutors have wide
discretion
In which of the following studies do researchers look for negative associations between crime rates and punishment levels that can be interpreted as having a deterrent effect?
ecological studies
1. Legal ethics codes were a direct product of the ______.
emergence of the organized bar
. As compared to most European nations, the U.S. has
extremely high rates of imprisonment
. According to Kauffman (1988), guards who show hostility toward inmates but identify closely with fellow prison officers are known as ______.
hard asses
Which of the following is an ethically permissible, extra-judicial activity for judges? a. accepting gifts from prosecutors
having a house-warming party
Michael Nifong, the district attorney for Durham County, N.C., was disbarred because ______.
he failed to disclose to the defendants that their DNA samples did not match any of the DNA from unidentified males found on the alleged victim's body and clothing
Which theory of punishment is most likely to be effective for dealing with "career criminals"?
incapacitation
Prison officers have a myriad of ways of retaliating against troublesome inmates, short of writing tickets for rule violations. These are termed forms of ______ control
informal
. According to Simon (1994), a lawyer's basic job is to ______.
introduce accurate evidence
In the adversarial system, the trial judge ______.
is basically a passive umpire or referee
Sentencing guidelines were prompted by the growing interest in ______ theory.
just deserts
Model Rule 3.3
lawyers may not assist a client in committing perjury
LFOs are
legal financial obligations
Lombardo (1989) developed a typography of prison officer authority comprising personal authority and ______ authority.
legalistic
According to Hepburn (1985), which type of power involves prison officers who are invested with authority to command as a result of their position as a guard of prisoners
legitimate
The principle of ______ argues that the conditions offenders will experience in prison must be worse than anything they are likely to endure outside the prison.
less eligibility
In the prison environment, prison officers are often forced to tolerate minor rule violations, petty stealing, and making concessions to inmate leaders in order to
maintain power
The ______ prison represents a social system in which as attempt is made to create and maintain total or almost total social control.
maximum security
. Most ______ prisons have been built since 1925.
medium security
It is not enough to establish a legal justification for punishment; society must also establish the ______ justification for it.
moral
The female prison population has ______ since 1990.
more than doubled
The principle of ______ justifies a lawyer taking a case that might be morally repugnant.
neutrality
Unfair advantage theory focuses on
offenders who have taken advantage of others in society
Ethical standards for lawyers are built on the principle of
partisanship
The view that lawyers have superior knowledge, skills, and experience and therefore must know what is best is known as the ______ view.
paternalistic
In which of the following studies does the data come from surveys
perceptual studies
Those professing a belief in ______ authority as well as those favoring legalistic authority agreed that full enforcement of institutional regulations would effectively cause the institution to cease operating because all inmates would be forever locked down for rule violations.
personal
Utilitarian and retributive theories of punishment differ primarily in their
perspective, as being forward-looking (future) or backward-looking past)
One of the outcomes of mass incarceration policies has been
prison overcrowding
The most pressing problem in corrections today is
prison population explosions
Opponents of ______ raise the issue of the symbolism surrounding punishment in the form of the uniform and insignia of correctional staff and the judiciary that express the public nature of punishment.
privatization
Which of the following is an expression that has a multitude of possible meanings and is frequently used to signify rules governing professions?
professional ethics
According to Model Rule 3.3, this rule
requires lawyers must take "reasonable remedial measures" when they come to know evidence is false
Under ______, proponents of restorative justice envisage offenders would undergo therapy, counseling, or training during their time in custody in a restorative prison.
restorative detention
The theory of punishment that attempts to repair or heal the offender, victim and community is termed
restorative justice
The two justifications for punishment which assume that offenders deserve to be punished are
retribution and just deserts
Which position does not allow for social change or social conditions?
retributivist
Both due process and ethical rules require that prosecutor's
reveal evidence to the defense if that evidence tends to negate guilt
Valuable ______ such as drugs would engender more conflict.
rewards
The principle difference between the adversarial and inquisitorial systems of justice is the ______.
roles of judges and lawyers
According to the U.S. Supreme Court and many ethics codes, the primary duty of the criminal prosecutor is to
see that justice is done
Emile Durkheim viewed punishment as promoting social ______ through an affirmation of values, and its expression of outrage upon the commission of an offense.
solidarity
When prison officer recruits as a whole were asked to respond to hypothetical dilemmas involving inmates, most approved of a prison officer acting in a ______ manner toward inmates
sympathetic
Which of the following is not one of the arguments against partisan judicial elections?
that many qualified candidates seek office because they get to run a political campaign
Theories that set the goal of punishment as the prevention of future crime are derived from ______ philosophy.
utilitarian
As of December 31, 2012, which of the following categories of crime was the highest percentage of women incarcerated for?
violent offenses
Public opinion surveys now show that 8 in 10 Americans support
voting rights for those who have completed their sentence
According to Kauffman (1988), guards holding positive attitudes toward inmates but negative attitudes towards their fellow prison officers are known as
white hats
Prosecutors act in an adversarial capacity, which requires ______ advocacy.
zealous
The most common occasion for such ______ violence was within an inmate's cell block at a time when he was about to be removed from segregation
provoked
Warden Joe Ragen sought to make Stateville the world's most ______ prison
punitive
In many institutions, prison officers have engaged in "corruption of authority." This means that the prison officers, for a variety of reasons, have
refrained from enforcing certain prison rules and regulations
The justification for punishment based on turning the offender into a law-abiding person is called
rehabilitation
Past oriented theories are often referred to as
retributivist
The primary obligation of the lawyer is to ______.
vigorously serve the client's interest within the legal and ethical rules
By the end of 2015, about _______adults in the U.S. was under some type of correctional supervision.
1 in 37
The estimated number of state and federal prison inmates on December 31, 2016 totaled
1,505,400
In 2009, the U.S. Supreme Court ordered that California prison populations must be reduced to ______% of design capacity within two years
137.5
The work lawyers performed during ______ varied according to location, but criminal law remained a staple along with debt collection.
1865-1915
In 2011, the Innocence Project reported that failing to disclose evidence to the defense had contributed to convictions in ______% of the first 100 cases of exoneration revealed by the Project.
45
In the federal prison system, ______ of females have been convicted of a drug-related offense, while ______ of men in federal prison are serving time for drug-related offenses
56% and 47%
Plea bargaining occurs in what percentage of all criminal cases?
95%
Which of the following is not one of the results of overcrowding
Additional treatment and re-entry programs
Which of the following is not one of the core principles of restorative justice discussed by Van Ness and Strong (1997)?
All victims of crime can benefit from restorative justice
Which of the following is a problem with communicative theory?
An unrepentant offender
Which of the following states houses the largest women's prison in the world?
California
According to Aviram (2015), the biggest private prison provider is
Corrections Corporation of America
Which theory argues that we should rehabilitate criminals because it is just to do so and because each person possesses moral worth?
Deontological theory
There is little agreement among researchers that punishment has a ______ effect.
Deterrent
Rehabilitation argues for which type of sentences
Indeterminate
. By 2008, all states other than ______ and ______ prohibited inmates from casting a vote while incarcerated for a felony.
Maine; Vermont
Which of the following is true of censure?
It is simply holding offenders accountable for their conduct.
Punishment consists of which of the following elements?
It must be for an offense.
Which of the following is not a criticism of just deserts theory?
It provides closure to victims.
Which of the following is not a problem inherent in incapacitative sentencing:
It works only if we fix offenders while we lock them up.
Cesare Becarria took a similar position to that of
Jeremy Bentham
The belief that punishment should inflict the same on offenders as the offenders have inflicted on their victims is
Lex talionis
Which individual originally coined the term "total institution" later used to describe life in a maximum security institution?
Max Weber
In which of the following cases did the court rule that a lawyer was entitled to withdraw from a case in which their client admitted perjury and would be subject to disciplinary action only if he continued the case without reporting the matter to the court?
McKissick v. United States
prisons adopt many of the practices found in maximum security, such as head counts and a high level of supervision and guarding.
Medium security
What process is used by prosecutors where they charge a person with more than one crime with the intention of dropping the most serious charge(s) in hopes the defendant will plead to the lesser charge(s)?
Overcharging
Which theory of punishment follows lex talionis?
Retribution
What could lead prosecutors to resist indicting a police officer in an excessive force case?
Prosecutors may need police to cooperate with them in current casesc
Which of the following would not be a belief of a retributivist?
Punishing some innocent people is a price of general deterrence.
Proponents of restorative justice generally general reject the paradigm.
Punishment
______ believe that wrongdoers deserve to be punished and that punishment imposed should be in proportion to the wrongdoing the offender committed.
Retributivists
Which of the following is not a criteria for the framework of just punishment discussed by Steffen (2012)?
The motivation for punishment must be vengeance
In which court case did the United States Supreme Court rule that exculpatory evidence not made available to the accused could result in denial of the constitutional right to a fair trial?
United States v. Agurs
Research suggests that offenders who kill ______ victims are significantly more likely to be charged with a capital crime
White
Denouncing criminals can also be referred to as
alienation
. Which of the following is an example of prosecutorial misconduct?
all of these
Minimum security inmates are generally
all of these
One approach to rehabilitation argues that when possible, punishment should preserve opportunities for improving inmates' rational character and developing their virtue. Which inmate rehabilitation programs reflect this rehabilitative approach?
all of these
According to Hepburn (1985), which type of power is based on inmate perceptions that prison officers have the capacity to punish prisoner disobedience?
coercive
The Supreme Court in the case of Faretta v. California (1975) held that
even in a serious criminal case, a defendant cannot be forced to be represented by counsel
According to Hepburn (1985), which type of power derives from the prisoners' perception that prison officers have some special skill or expertise?
expert
Durkheim took a/an ______ approach by examining aspects of social life in terms of the functions they perform in society.
functionalist
According to Kauffman (1988), prison officers who cope with prison by closing their minds to it, including both inmates and guards are known a
functionaries
Legislation that imposes penalties for specific offenses in the belief that those penalties will deter or prevent persons from committing those offenses is a form of ______ deterrence.
general
Placing offenders in custody or executing them so they will not offend again involves the theory of
incapacitation
The article that contributed to the demise of rehabilitation argued that "______".
nothing works
Rusche and Kircheimer (1939) take a Marxist approach and argue that the severity of punishment is directly proportional to ______.
the availability of labor
With regard to deterrence, the author of the text concludes that overall ______.
there is little agreement among researchers about whether general deterrence works
Conscientious objection argues that ______.
there may be circumstances that are so offensive to the lawyer's sense of morality that the lawyer may decline to represent the client
Which of the following have some said undermines the system of justice? a. lawyer negligence
unrestrained zeal
Theories of crime which focus on preventing crime in the future are termed
utilitarian
