Deck 13: Civil Lawsuits Against the Police

Question 1

What is one reason that prison administrators prefer the "good old days"?

A)Releasing inmates was easier
B)Cleaning prisons was easier
C)Indifference was easier
D)Governing prisons was easier

Answer 1

D

Question 2

Sentencing goals and objectives generally fall into four categories.Which of the following is not one of those categories?

A)Rehabilitation
B)Vengeance
C)Deterrence
D)Retribution

Answer 2

B

Question 3

Prisoners in the United States used to be viewed as virtual

A)slaves of the state.
B)prisoners of the state.
C)servants of the state.
D)wards of the state.

Answer 3

A

Question 4

The right to a lawyer during revocation proceedings is

A)guaranteed.
B)there is no such right.
C)decided on a case-by-case basis.
D)almost always allowed.

Question 5

Which of the following is a type of probation?

A)Shock
B)Intensive
C)Secure
D)Both shock and intensive

Question 6

Which of the following reasons were used to justify the "hands off" policy towards prisoners?

A)The prisoners were being punished and thus deserved the treatment they received
B)The courtesy and respect given by the courts to prison administrators who were deemed the experts on how prisons ought to be administered
C)The public did not know what was going on in prisons and did not care
D)All of the answers are correct.

Question 7

Jails are places of confinement usually reserved for which of the following?

A)Detainees
B)Major offenders
C)Serious offenders
D)Both major and serious offenders

Question 8

In addition to a hearing on a probation revocation,probationers are given such basic rights as

A)a written notice of the alleged probation violation.
B)disclosure to the probationer of the evidence of violation.
C)opportunity to be heard in person.
D)All of the answers are correct.

Question 9

Cruel and unusual punishment is prohibited by the Eighth Amendment to the U.S.Constitution,but does not generally apply to which of the following?

A)Conditions in jails
B)Conditions in federal prisons
C)Conditions in state prisons
D)Sentences

Question 10

Which of the following is NOT one of the five general categories of criminal sentences?

A)Death
B)Probation
C)Imprisonment
D)Fine,torture,and restitution

Question 11

In which of the following ways are probation and parole NOT similar?

A)Both are community-based corrections programs
B)Both are less expensive than imprisonment
C)Both are subject to conditions
D)Both are usually state agencies

Question 12

The release of a prisoner prior to the end of his/her prison term but subject to supervision is known as

A)probation.
B)parole.
C)release.
D)completing a sentence.

Question 13

Giving sentencing authorities discretion reflects the philosophy of the

A)absolute school of criminology.
B)negative school of criminology.
C)philosophy school of criminology.
D)positive school of criminology.

Question 14

Under the new philosophy of prisoners' rights which of the following government interests does NOT justify a different treatment of prisoners?

A)Maintaining internal order and discipline
B)Securing the institution against unauthorized access or escape
C)Punishing prisoners
D)Rehabilitating prisoners

Question 15

In most states,the release of juveniles from state institutions is determined by which of the following factors?

A)When the juvenile reaches 18 years of age
B)When the juvenile reaches 17 years of age
C)If the juvenile is deemed by juvenile authorities to be fit for release even before reaching the age of 18
D)Both by fitness of release and reaching 18 years of age

Question 16

Which of the following is NOT a common condition of probation?

A)Report to the probation officer regularly
B)Report to the court monthly
C)Get a job
D)Not violate any laws

Question 17

Different sentences given for similar crimes is known as sentencing

A)disparity.
B)parity.
C)impropriety.
D)propriety.

Question 18

Sentences are imposed by

A)judges.
B)juries.
C)judges or juries.
D)neither judges nor juries.

Question 19

Sentencing disparity exists among which of the following?

A)States
B)Judges
C)States and judges
D)None of the answers are correct.

Question 20

A convicted offender is allowed to remain free in the community,subject to court-imposed conditions and under supervision is on

A)parole.
B)probation.
C)shock probation.
D)extended leave.

Question 21

Sentencing has various goals that often overlap and

A)may not be consistent with each other.
B)are always consistent with each other.
C)are never consistent with each other.
D)None of the answers are correct.

Question 22

Which of the following is NOT a type of intermediate sanction?

A)Parole
B)Probation
C)Community service
D)Day reporting

Question 23

Intermediate sanctions come in

A)many forms and are rarely used.
B)few forms and are widely used.
C)many forms and are widely used.
D)few forms and are rarely used.

Question 24

The punishment meted out to offenders is significant if police work is to have meaning for

A)the offender.
B)the public.
C)the courts.
D)both the public and offender.

Question 25

Rules that set out a uniform sentencing policy for convicted defendants are called sentencing

A)rules.
B)suggestions.
C)presentiments.
D)guidelines.

Question 26

Removing or remediating presumed causes of crime by providing economic,psychological,or socialization assistance to offenders to reduce the likelihood of continuing crime is the goal and objective of sentencing known as

A)rehabilitation.
B)deterrence.
C)incapacitation.
D)retribution.

Question 27

Property that is taken from a person as a result of committing a crime has been

A)stolen.
B)abandoned.
C)forfeited.
D)neglected.

Question 28

A fine is defined as

A)a sum of money exacted for the doing of or failure to perform some act.
B)a monetary punishment imposed by lawful tribunal upon a person convicted of a crime.
C)a monetary punishment imposed by lawful tribunal upon a person before being convicted of a crime.
D)money given to a judge to prevent conviction.

Question 29

In criminal sentencing,no punishment may be imposed without authorization by

A)state law.
B)practice.
C)common law.
D)state law or practice.

Question 30

As of 2012,how many states had death penalty laws?

A)13
B)23
C)33
D)43

Question 31

Punishing offenders to express societal disapproval of criminal behavior without specific regard to prevention of crime by the offender or among the general public is the goal and objective of sentencing known as

A)rehabilitation.
B)deterrence.
C)incapacitation.
D)retribution.

Question 32

A monetary penalty is defined as

A)a sum of money exacted for the doing of or failure to perform some act.
B)equal to the cost of the crime.
C)a monetary punishment imposed by lawful tribunal upon a person before being convicted of a crime.
D)money given to a judge to prevent conviction.

Question 33

Returning a person to his or her original situation prior to loss or injury is

A)fining.
B)restitution.
C)apologizing.
D)remorse.

Question 34

Vague and broad criminal laws can be challenged as unconstitutional because they

A)inform a potential offender of the prohibited conduct and are therefore unfair.
B)fail to properly inform a potential offender of the prohibited conduct and are therefore unfair.
C)fail to properly inform a potential offender of the prohibited conduct.
D)None of the answers are correct.

Question 35

Separating offenders from the community to reduce the opportunity for further commission of crime is the goal and objective of sentencing known as

A)rehabilitation.
B)deterrence.
C)incapacitation.
D)retribution.

Question 36

A fixed or specified range of punishment is prescribed by

A)most state penal codes.
B)most federal civil codes.
C)most state civil codes.
D)All of the answers are correct.

Question 37

Sentencing is the formal pronouncement of punishment in a criminal prosecution following a(n)

A)initial appearance.
B)arraignment.
C)conviction.
D)All of the answers are correct.

Question 38

Laws that are unfair can violate the constitutional right to the fundamental fairness of

A)an attorney.
B)due process.
C)freedom from cruel and unusual punishment.
D)freedom from self-incrimination.

Question 39

Which of the following sentences constitutes cruel and unusual punishment?

A)A disproportionate sentence
B)A grossly disproportionate sentence
C)A grossly proportionate sentence
D)Lethal injection

Question 40

Sanctioning convicted offenders to reduce crime by making the public and the offender aware of the certainty and severity of punishment for criminal behavior is the goal and objective of sentencing known as

A)rehabilitation.
B)deterrence.
C)incapacitation.
D)retribution.

Question 41

The conditions attached to the probation must be accepted by the ,otherwise probation may be withheld.

Question 42

If the murder occurred on federal property so that federal law applies,which of the following rights does Wilma NOT have under the Crime Victims' Rights Act (CVRA)of 2004?

A)To express the harm that Hugo's actions have caused Wilma
B)To reasonable,accurate,and timely notice of any public court proceedings
C)To be reasonably protected from the accused
D)To demand monetary compensation from Hugo

Question 43

Inmates have constitutional rights,but they are " " constitutional rights.

Question 44

If the trial was in a state where determinate sentencing is used,the sentence imposed will specify the period of incarceration based on the

A)jury's decision.
B)guidelines.
C)judge's decision.
D)governor's decision.

Question 45

If the trial was in a state where the sentence imposed is specified by law and cannot be deviated from is called

A)presumptive sentencing.
B)mandatory sentencing.
C)concurrent sentencing.
D)consecutive sentencing.

Question 46

Prisoners released on parole are technically under the supervision of the Department of Corrections and therefore can be treated as though they are still in _.

Question 47

Restitution and forfeiture both require that money or property of the defendant be given to someone else,but they differ in that restitution go to the victim,whereas forfeiture goes to the _ .

Question 48

A trial in which there are separate phases for guilt and sentencing is known as a

A)blended trial.
B)bifurcated trial.
C)consecutive trial.
D)concurrent trial.

Question 49

If the murder occurred in one of the thirty-one states where victims' rights are guaranteed in the state constitutions,then

A)the rights can be taken away by the judge of the trial.
B)the rights can be taken away by mere legislation.
C)the rights cannot be taken away by mere legislation.
D)None of the answers are correct.

Question 50

If the murder occurred in one of the 31 states that have state victims' rights as constitutional amendments,Wilma will usually have which of the following rights?

A)To be treated with dignity and compassion
B)To protection from intimidation and further harm
C)To equal treatment in court
D)All of the answers are correct.

Question 51

__________ probation is when an offender serves time in prison,after which he or she is discharged and placed on probation.

Question 52

A trial has two stages: the guilt or innocence stage and the punishment stage.

Question 53

If probation conditions are violated,the probationer may be sent to .

Question 54

When a probationer is supervised more closely than on regular probation this is called
probation.

Question 55

An inmate who was sane at the commission of the crime,but has since become _ cannot be executed.

Question 56

Which of the following are death penalty cases?

A)Gregg v.Georgia
B)Baze v.Rees
C)Roper v.Simmons
D)All of the answers are correct.

Question 57

If the murder occurred on federal property so that federal law applies,which of the following rights does Wilma have under the Crime Victims' Rights Act (CVRA)of 2004?

A)To reasonable,accurate,and timely notice of any public court proceedings
B)To veto any punishment less than the death penalty
C)To have Hugo confined without access to his attorney until the trial
D)To demand monetary compensation from Hugo

Question 58

If the trial was in a state where the sentence is set by law for an offense,but the judge is given limited discretion based on the presence of mitigating or aggravating circumstances is known as

A)presumptive sentencing.
B)mandatory sentencing.
C)concurrent sentencing.
D)consecutive sentencing.

Question 59

In the 1970s,the Court decided two death penalty cases,four years apart,each resulting in a different conclusion.These cases are:

A)Furman v.Georgia and Gregg v.Georgia.
B)Furman v.Georgia and Gagnon v.Georgia.
C)Farmer v.Georgia and Gregg v.Georgia.
D)Farmer v.Georgia and Gagnon v.Georgia.

Question 60

The most severe penalty for crime is _ .

Question 61

The goals and objectives of sentencing are: rehabilitation,deterrence,incapacitation,and .

Question 62

The execution of racial minorities based on studies of discrimination is not unconstitutional.

Question 63

Intermediate sanctions are used and afford the judge much leeway in punishing non-serious offenders.

Question 64

Blended sentences are given to that combine juvenile and adult sentences.

Question 65

In the thirty-one states that have state victims' rights,usually a basic right for victims is treatment in court.

Question 66

The text lists categories of sentences.

Question 67

To minimize sentencing ,guidelines have been adopted by the federal government and the states.

Question 68

__________is a privilege,not a right.

Question 69

Sentencing is important to police officers because it represents the culmination of their day-to-day work in
_________ offenders.

Question 70

__________has four goals: rehabilitation,deterrence,incapacitation,and retribution.

Question 71

The determination of aggravating circumstances that elevates the penalty to death must be made by a .
__________

Question 72

Under the Crime Victims' Rights Act (CVRA)of 2004,a crime victim has three rights.One of those is the right to reasonable,accurate,and timely of any public court proceedings.

Question 73

Probation is a ,not a right.

Question 74

The five sentencing categories are: death,,probation,intermediate sanctions,and fine,forfeiture,and restitution.

Question 75

The Federal Crime Victims' Rights Act of granted rights to victims in federal criminal proceedings.

Question 76

Fines,forfeitures,and restitutions keep offenders in the and away from jails or prisons.

Question 77

Thirty-one states have state victims' rights as amendments.

Question 78

Under the Crime Victims' Rights Act (CVRA)of 2004,a crime victim has three rights.One of those is the right to be protected from the accused.

Question 79

A third party challenge the constitutionality of a death sentence

Question 80

The most-often-used monetary sanction is .