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CJ 100 Final: CJ 100 Final Exam Study Guide

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Criminal Justice
CJ 100
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Mindtap 1 1. Acts or behaviors deemed as criminal and prohibited by the government, although there is nothing inherently wrong about the behaviors, are called - Mala prohibita 2. Victimless crimes usually involve willing parties who engage in private transactions of an illegal nature, and typically involve the exchange of goods or services. Which of the following is NOT a victimless crime? - Domestic violence 3. A popular source for crime statistics compiled by the FBI, based on voluntary reporting by thousands of law enforcement agencies across the United States, which outlines eight index crimes and definitions of 29 types of crimes is the - Uniform Crime Reports 4. The types of acts committed by many juveniles may not be criminal acts, but are referred to as: - Status offenses 5. When compared to the UCR, the national Crime Victimization Surveys (NCVS) provide a more complete picture of the nature and extent of crime because: - Crime is viewed through the eyes of the victim 6. This field, which emerged in the 1950s, focused attention on the role the victim played in a criminal case. - Victimology 7. Who is more likely to be raped, robbed, or assaulted? - Blacks 8. Law that defines behaviors that may be penalized by the government and defines the punishments for such offenses is called - Substantive law 9. Choose the group that is least likely to be responsible for writing substantive criminal laws - Victim advocacy groups 10. “Guilty mind” is a principle of Western law, derived from the Latin term - Mens rea Quiz 1 1. In order to understand and explain crime, criminologists focus exclusively on studying criminal offenders. - False, focus on life-style theory and routine activities theory 2. Hispanic men are more likely to be stopped, arrested, and sent to jail or prison than any other racial or ethnic group - False 3. As a result of media constantly reporting on crime, the fear of crime is equally experienced by all groups in U.S. society - False, fear of crime is experienced more by ethnic minority groups 4. There are some criminal acts in which intent does not have to be established in order to charge a person with committing a crime - True, strict liability 5. Crime data provide a clear picture of the amount of crime in the United States - False, UCR, NCVS 6. There are some offenses for only which a juvenile can commit - True, status offenses 7. A person thinking about committing a crime can be charged with a criminal offense - False, actus reus 8. There is widespread consensus that such activities as gambling, prostitution and illegal drug use should be crimes - False, victimless crimes, mal prohibita 9. Most people agree that violent acts, such as murder, rape, and robbery, should be classified as crimes - True, mala in se 10. Criminologists prefer not to use the scientific method in studying the causes of crime - False, positivist criminology 11. Some theories assume that any person, regardless of education, class, or upbringing, has the potential to become a criminal - True, social process theories 12. The intent or criminal responsibility is considered in whether or not to file criminal charges against a person - True, mens rea 13. Women are more likely to be arrested for committing prostitution than any other crime - False, theft 14. The learning of criminal behavior may involve the same process inherent in learning legal behavior - True, learning theories, differential association 15. Criminal law is defined by judges - False 16. Some criminologists argue that members of the lower class, especially the young members, are the most likely to commit crime - True, social structure theories 17. The criminal law does not include the possible penalty for committing a crime - False, substantive criminal law 18. All persons stand an equal chance of being raped, robbed, and assaulted - False 19. The decision to use an illicit drug is an example of a political crime - False, victimless crimes 20. Male victims of violent crimes are more likely to be victimized by acquaintances and intimates than female victims of violent crimes - False Mindtap 2 1. Crimes committed that involve the use of computers and the internet to commit acts against people, property, public order, or morality are called _____. Some use computers to steal information, resources, or funds. - Cybercrimes 2. The theft of social security numbers, credit card numbers, and other information in order to secure loans, withdraw bank funds, and purchase merchandise while posing as someone else is referred to as - Identity theft 3. The Federal Justice for All Act expanded the number of federal offenders who must submit DNA samples by including anyone convicted of: - Any felony, violent act, or conspiracy 4. Which of the following statements about the relationship between new technology and crime is INCORRECT? - There is no relationship between new technology and crime- people have always committed certain crimes and always will, regardless of technology 5. Which of the following is one of the most rapidly spreading technological tools for law enforcement officers? - Computer Quiz 2 1. Law enforcement officials cannot collect DNA samples from people arrested and suspected of committing a crime - False, the Supreme Court endorsed the legality of collecting DNA from people arrested but not yet convicted of a serious crime 2. American corporations are more effective than European corporations in preventing the hacking of customer data - False, American corporations spend a lot of money to protect customer data but they still get hacked 3. Computers and the internet are often used to commit criminal acts against people, property, public order, or morality - True, computers can be used to commit cybercrimes like identity theft 4. Social media sites have been implicated in increasing the chances that a person will become a victim of crime - True, the increased global use of social media increases the opportunities that a person will become a victim 5. The attitudes of the police and prosecutors are not contributing factors in their decision to investigate or prosecute those suspected of using a computer to engage in criminal activity - False, police and prosecutor’s attitudes may contribute to their decision about investigating and prosecuting 6. A federal prisoner has the right to possess a cell phone while incarcerated - False, Obama signed a law making having a cell phone punishable by an extra year 7. The use of DNA evidence is a guarantee that an innocent person will not be wrongfully convicted of a crime - False, even with DNA evidence people are still wrongfully convicted 8. An individual’s personal information is sometimes used by others to commit a crime - True, identity theft 9. The United States Supreme Court has ruled that merely posting a seemingly threatening message on social media establishes intent to commit a crime - False, the Supreme Court overturned the conviction of a man who went to prison for posting about killing his wife on Facebook 10. The police can use a GPS device to track a person suspected of engaging in criminal activity without first obtaining a warrant - False, a warrant must be obtained before tracking a suspect with a GPS device Mindtap 3 1. This model assumes that every effort must be made to repress crime; emphasizing efficiency and the system’s capacity to catch, try, convict and punish a high proportion of offenders: - Crime control model 2. Which of the following models emphasizes the importance of individual freedoms, even if it means some guilty defendants will go free? - Due process model 3. The process of determining if a defendant is guilty or not guilty is known as __ - Adjudication 4. A document charging an individual with a specific crime, prepared by a prosecuting attorney and presented to a court at a preliminary hearing, is called a(n) - Information 5. The correct order of the first five steps in the decision-making process of the criminal justice system is: - Investigation, arrest, booking, charging, and initial appearance 6. Which of the following allows a judge to decide whether there is probable cause to believe that a crime has been committed and that the accused person committed it? - Preliminary hearing 7. What term refers to a child who has committed an act that would be criminal if committed by an adult? - Delinquent 8. Procedure by which the juvenile court waives its jurisdiction and transfers a juvenile case to the adult criminal court is known as: - Waiver 9. During the pretrial process many decisions are made which may result in the accused moving to the next stage in the process. What is a common decision made during this time? - Determining if probable cause exists in the case 10. An appearance in court at which time the defendant has the charges read to him or her, and he or she has an opportunity to enter a plea of either guilty, not guilty, or nolo contendere (no contest) is known as a(n) - Arraignment Quiz 3 1. Judges may direct police officials to perform certain actions - True, warrant 2. In juvenile court, a delinquency hearing is held to determine the facts of the case, and, if appropriate, label the juvenile as “delinquent” - False, adjudication hearing 3. It is unconstitutional for a bail bondsperson to refuse to provide bail money for a defendant th - False, the 8 amendment does not guarantee a provider of bail 4. Defendants who are found guilty have no further recourse in pursuing their cases - False, appeal 5. Police officers are not authorized to set bail - False, police officers are authorized by using a standard set of charges 6. The prosecutor is responsible for determining whether there is probable cause to proceed with the case to trial - False, the judge 7. In juvenile court, a juvenile accused of committing petty theft will be charged with a criminal offense - False, delinquency case 8. Only a juvenile court judge can transfer a juvenile to the adult criminal justice system - False 9. All pretrial detainees must pay a minimum amount of money before being released from jail - False, is a suspect is released on recognizance no bond is posted 10. The two most important factors in setting bail are the seriousness of the offense and whether or not the judge believes the defendant will return to court - False, previous record and seriousness of the offense 11. Police officers may arrest a person without sufficient evidence that the person has committed a crime - False, they need probable cause 12. A person who has been arrested may be denied pretrial release - True, preventive detention 13. All trials are conducted before a jury - False, bench trials 14. The plea of guilty is an example of using the due process model to dispose of criminal cases - False, crime control model 15. Plea bargaining is the process of determining whether the defendant is guilty or not guilty - False, adjudication 16. In juvenile court, an arrest warrant is presented at the intake hearing to begin the processing of delinquency cases - False, a petition 17. The constitution does not address the pretrial release of a person suspected of committing a crime - False, bail 18. Defendant may plead guilty prior to trial - True, arraignment 19. The police chief is responsible for issuing arrest warrants - False, issued by a judge 20. Most complaints against juveniles are brought by their parents or guardians - False, police officers Mindtap 4 1. Law that defines behavior that may be penalized by the government and defines the punishments for such offenses is called _____. - Substantive law 2. The type of law that regulates the relationships between or among individuals, usually involving property, contracts, or business disputes, is known as ______. - Civil law 3. This type of law relates to how criminal justice personnel should carry out their job duties - Procedural 4. The main source of criminal law is statutory law. Which of the following is the best definition of statutory law? - Law made by an elected legislative body 5. Which of the following amendments to the U.S. Constitution protects offenders from self-incrimination? - 5 th 6. The Due Process Revolution, which began to gain momentum after Earl Warren was appointed Chief Justice of the U.S. Supreme Court in 1953, refers to an era in which - Legal protections were afforded to those accused of harming society 7. The sixth amendment of the United States Constitution includes the right to counsel, the right to a speedy trial, and ____ - The right to an impartial jury of one’s peers 8. The process of ____ is the extension of the due process clause of the fourteenth amendment to make binding on state governments the rights guaranteed in the first ten amendments to the U.S. Constitution (The Bill of Rights) - Incorporation 9. A grand jury is a body of citizens drawn from the community to hear evidence from the prosecutor in order to determine whether there is a sufficient basis to move forward with a criminal prosecution in the federal court system. Which amendment protects the right to have a grand jury? - 5 amendment 10. Procedure by which the juvenile court waives its jurisdiction and transfers a juvenile case to the adult criminal court is known as: - Waiver Mindtap 5 1. The American criminal justice system is highly ____. - Decentralized 2. Which of the following statements regarding the United States’ dual court system is INCORRECT? - Criminal laws in all 50 states must be identical, although state law may be different from federal law. 3. In most states, which is the correct process of courts from the bottom to the top? - Limited, general, appellate, supreme 4. Which of the following statements about the U.S. federal courts is FALSE? - The federal courts handle the majority of felony trials 5. This process is used to select judges; it is based on a combination of both appointment and election, was first used in Missouri in 1940 and is widely used today. Its key component is that a judge is selected based on ____ - Merit 6. The geographic territory or legal boundaries within which control and/or the range of a court’s authority may be exercised - Jurisdiction 7. ____ prosecutors, also known as U.S. Attorneys, are appointed by the President - Federal 8. Which of the following is a tactic that prosecutors may use to obtain a plea bargain? - Use a multiple offense indictment 9. At the state level, which branch of government does the administration of prisons fall under? - Executive 10. The term that allows the state to legally step in to protect a child in the absence of parental controls is referred to as: - Parens patriae Quiz 4 1. Under common law, legislatures were responsible for defining which behaviors were crimes. - False, under criminal law legislatures were responsible for defining which behaviors were crimes 2. A defendant has the rthht to a public trial. - True, the 6 amendment gives a defendant the right to a speedy and public trial 3. There is no legal distinction between the seriousness of criminal offenses. - False, there are different classifications of crimes depending on severity 4. The main source of criminal law is administrative regulations. - False, federal and state statues are the main source of criminal law 5. Beginning in the 1800s, the United States Supreme Court expanded the rights of criminal defendants. - False, beginning in the 1950’s. 6. The criminal law prevents the government from seizing private property. - False, forfeiture 7. States are required to provide counsel to all defendants. - False, some states do not give capital defendants any counsel 8. The rights of defendants are mainly unwritten, but widely agreed upon by criminal justice officials. - False, they area written in things like the bill of Rights and the Constitution 9. A defendant has a right to a jury of his or her peers. - True, the 6 amendment gives a defendant the right to a jury of their peers 10. There is very little difference in case outcome between defendants represented by attorneys provided by the government and attorneys retained by defendants. - True, conviction rates were the same amongst both types of attorneys 11. The United States Supreme Court has determined which method states may use to provide counsel to defendants. - False, there are things such as public defenders and contract counsels 12. A defendant has the right to legal representation in criminal proceedings. - True, the 6 amendment gives a defendant the right to an attorney 13. Only state legislatures and Congress may determine which behaviors constitute criminal conduct. - False, administrative agencies 14. The criminal law defines which behaviors are crimes. - True, substantive criminal law defines acts punished and the punishment 15. In juvenile court, a juvenile who is convicted of an offense that would be a crime if committed by an adult is constitutionally guaranteed a trial by jury. - False, juveniles do not have all the same constitutional rights that adults do 16. In the United States, there is no distinction between criminal and civil law - False, criminal law is an offense against society and civil law is an offense against an individual 17. Private attorneys represent most criminal defendants. - False, public attorneys represent most criminal defendants 18. The Bill of Rights has always protected individuals’ rights at the state level. - False, it protects people from abuse of the federal government 19. A defendant is legally required to disclose whether he or she has committed a crime? - False, the 5 amendment protects people from self-incrimination 20. There are no guiding principles regarding how criminal cases should be processed. - False, procedural criminal law defines how cases should be processed Quiz 5 1. In state court systems, courts of last resort are referred to as supreme courts. - True 2. United States Supreme Court Justices appoint officials responsible for prosecuting cases involving violation of federal criminal laws. - False, United States attorneys appoint officials 3. Felony cases involving jury trials are heard in state supreme courts. - False, trial courts of general jurisdiction are criminal courts with jurisdiction over all offenses, even felonies 4. The United States has a centralized court system. - False, the United States is a dual court system 5. The chief legal officer of the state is the governor. - False, the state Attorney General 6. Corrections involve more than just prisons and jails. - True, parole is under corrections too. 7. The state may assume the role of the parent for a juvenile who has been neglected by his or her legal guardians. - True, Doctrine of paren patriae 8. Federal judges are appointed by governors. - False, they are appointed by the president 9. Most criminal cases are prosecuted by the state attorney general. - False, most criminal cases are prosecuted by the prosecuting attorney 10. The police, courts and correctional institutions operate in such a way that their individual goals and needs do not affect each other. - False, their individual goals and needs do affect each other 11. The defense attorney’s primary role is to make sure his or her client pleads guilty so that the criminal courts can dispose of cases as quickly and efficiently as possible. - False, makes sure defense proves its case in court 12. In the federal system, the intermediate appellate courts are referred to as district courts. - False, they are referred to as the circuit court of appeals 13. The judge’s exclusive role is to sentence the defendant. - False, the judge is a negotiator and administrator 14. The court must be authorized to hear a certain type of cases. - True, it is the jurisdiction of the court 15. Prosecutors are careful not to make mistakes because they face severe punishment from the state if they convict innocent people. - False, prosecutors do not face severe punishments for wrongful convictions 16. At the state level, a felony case is initially disposed of by the state supreme court. - False, they are disposed of by trial courts of general jurisdiction 17. There are no trial courts in the federal court system. - False, the federal system begins with the U.S. district courts 18. Most criminal cases are processed in federal trial courts. - False, trial courts of limited jurisdiction are criminal courts 19. An appellate court has the constitutional right to retry criminal cases. - False, they do not try criminal cases 20. The appointment of judges to office removes the politics out of selecting judges. - False, there is a merit selection Mindtap 6 1. The process by which criminal justice officials screen out some cases while advancing others to the next level of decision making. At each stage, some defendants are sent on to the next stage, while others are either released or processed under changed conditions - Filtering 2. When a prosecutor drops or reduces charges against a defendant or offers a plea bargain, the prosecutor is using ____ - Discretion 3. One of the most significant examples of prosecutor discretion is: - Deciding which cases to prosecute 4. Which is NOT a true statement? - Prosecutors must all act in unison when applying the law regardless of the local political climate, as to how they apply the law 5. Why are cases in which the victim and the defendant are friends or relatives more likely to viewed as weak cases by the prosecutor? - Because the victim may change his/her mind and refuse to participate in the case 6. Which of the following is not a discretionary decision that prosecuting attorney must make? - Guilt or innocence of the defendant 7. A trial in which a defendant chooses to have a trial before the judge without a jury present is called a ____ - Bench trial 8. In _____ the Supreme Court ruled small juries (usually of six) are constitutional in non- capital cases - Williams v. Florida 9. What is voir dire? - A questioning of prospective jurors in order to screen out people the judge or attorneys think might be biased or otherwise incapable of delivering a fair verdict 10. In a jury trial the prosecution must prove ___ the defendant named in the charge did indeed commit the crime - Beyond a reasonable doubt Mindtap 7 1. _____ are restrictions more severe than regular probation, but not as harsh as imprisonment, and are more cost effective as well - intermediate sanctions 2. in Furman v. Georgia, the Supreme Court ruled that: - the death penalty, as administered, was cruel and unusual punishment 3. _____ is prepared by a probation officer, presents a convicted offender’s background, and is used by the judge to assist him in selecting an appropriate sentence - A presentence report 4. Which of the following is not an argument in support of capital punishment? - No hard evidence proves that the death penalty is a deterrent 5. _____ is a sentence whereby the offender is placed under supervision in the community instead of being incarcerated - probation 6. which of the following is an example of a technical violation of probation? - Failing a drug test 7. Which of the following is NOT an example of an intermediate sanction? - 3 months in jail 8. what is a day-reporting center? - A community correctional center where an offender reports each day to comply with elements of a sentence 9. Probation granted under conditions of strict reporting to a probation officer with a limited caseload is known as: - Intensive supervision probation 10. As action of the executive branch of state or federal government excluding the offense and absolving the offender from the consequences of the crime is known as - Pardon Quiz 6 1. Challenges to a prosecutor’s decision are often upheld by the judge. - False, no higher authority can challenge a prosecutor’s decision 2. In most states, local prosecutors are appointed by the governor. - False, they are elected. 3. A prospective juror may be questioned regarding his or her eligibility and qualifications to serve on a jury. - True, voir dire is the process of questioning prospective jurors to screen out for biases. 4. Some defendants plead guilty without any actual bargaining with the prosecutor. - True, implicit bargaining is the expectation that pleading guilty will lead to a less than max sentence without an exchange or bargain with the prosecutor. 5. In disposing of criminal cases, the prosecutor, judge, and defense counsel often interact and cooperate with each other. - True, it is a work group. 6. All jury verdicts must be unanimous. - False, for juries larger than 6 member’s unanimity is not required 7. Researchers have identified various factors which influence the prosecutor’s decision to file criminal charges. - True, many different factors influence the prosecutor’s decision to file criminal charges. 8. Before being excused, a jury must come to a decision that the defendant is either guilty or not guilty of committing a criminal offense. - False, a deadlocked jury cannot reach a verdict and ends in the prosecutor deciding whether or not to retry in front of a new jury. 9. The prosecutor and defense counsel decide whether a defendant’s plea of guilty is intelligently and voluntarily given. - False, the judge decides. 10. The prosecutor and defense counsel do not have the opportunity to decide which prospective jurors will be chosen to serve on the jury. - False, through challenge for cause prospective jurors can be removed from the jury panel. 11. Prosecutor cannot make promises to defendants in order to encourage them to plead guilty. - False, when a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled. 12. In processing criminal cases, criminal justice officials are required to strictly follow the letter of the law. - False, a high degree of discretion is allowed 13. Jurors should acquit a defendant if there is probable cause s/he did not commit the crime. - False, jurors should acquit a defendant if there is reasonable doubt. 14. The substantial majority of cases go to trial. - False, more than 90% of defendants plead guilty for a plea bargain rather than
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