Deck 1: Fundamentals of Criminal Justice: Essential Themes and Practices

Question 1

In May of 2017, Atlanta Officer Che Milton responded to a shoplifting call at a Family Dollar store.When he arrived, he asked the 12-year-old girl why she had attempted to steal a US$2 pair of shoes.The girl responded that her 5-year-old sister needed shoes, but the family could not afford them.Officer Milton used his own judgment to examine her circumstances, and realized she needed help, not punishment.Instead of arresting the girl, he decided to buy her family pizzas and put them in contact with a social worker.What authority was he using in this situation?

A)discretion
B)autonomy
C)leadership
D)favoritism

Answer 1

A

Question 2

Which of the following is true of "three strikes" laws?

A)An offender with three qualifying convictions (misdemeanors or felonies) is sentenced to a minimum of 25 years in prison.
B)An offender with three qualifying felonies is sentenced to 25 years to life in prison.
C)An offender with three qualifying felonies is no longer eligible for probation supervision.
D)An offender with three qualifying convictions (misdemeanors or felonies) is no longer eligible for probation supervision.

Answer 2

B

Question 3

Which theory suggests that property holders become members of a commonwealth only with their express consent to submit to the government of the commonwealth?

A)Jefferson's theory of democracy
B)Hobbe's social contract theory
C)Locke's theory of tacit consent
D)Rousseau's conflict theory

Answer 3

C

Question 4

What type of discretion do judges exercise?

A)deciding whether to stop, search, or arrest an individual
B)filing formal charges
C)setting bail, denying bail, and imposing sentences
D)disciplines incarcerated offenders for violations committed in prison

Question 5

In a preliminary hearing, a judge must determine whether or not there is probable cause to believe that the accused committed a crime and should be tried.What is another way that probable cause may be determined prior to a trial?

A)through an appellate decision
B)through prosecutorial discretion
C)through a bench trial
D)through a grand jury

Question 6

After the criminal justice flow and process begins, the perpetrator must be arrested.What is the next formal step in the criminal justice process after arrest?

A)sentencing
B)adjudication
C)corrections
D)prosecution

Question 7

In the early days of the American automobile, there were very few privately owned cars because they were too expensive for most people to afford.In 1908, Henry Ford introduced the first affordable automobile, the Model-T, and the numbers of cars on the road grew exponentially.During this time, society began to recognize that drunk driving was a significant threat to public safety.The public advocated for the first laws prohibiting drunk driving emerged in 1920 in order to protect the well-being of all citizens from drunk drivers.Which theory best explains the emergence of drunk driving laws?

A)conflict theory of justice
B)consensus theory of justice
C)tacit consent theory
D)crime control theory model

Question 8

Which of the following is likely to occur at an initial appearance?

A)The judge will inform the accused of the charges.
B)The grand jury will determine if there is probable cause to believe the accused committed a crime.
C)The accused will enter a plea.
D)The judge will determine an appropriate sentence.

Question 9

Information that would lead a person to believe that another has committed, is committing, or is about to commit a crime is known as ______.

A)indictment
B)circumstantial evidence
C)probable cause
D)preponderance of the evidence

Question 10

What are the three major components of our criminal justice system?

A)courts, corrections, and media
B)police, federal agencies, and corrections
C)police, courts, and corrections
D)courts, police, and lawyers

Question 11

The prosecutor's discretion involves whether or not to ______.

A)read the offender their Miranda rights
B)set bail
C)sentence an offender
D)file formal charges

Question 12

Which of the following statements most closely describes the due process model of criminal justice?

A)Criminal defendants are presumed guilty, and the courts should not stand in the way of effective enforcement of the laws.
B)Criminal defendants are presumed innocent, and the courts' first priority is protecting the constitutional rights of the accused.
C)Criminal defendants are presumed innocent, and crime is seen as a result of individual moral failure.
D)Criminal defendants are presumed guilty, and crime is seen as a result of social influences such as poverty and unemployment.

Question 13

Which of the following statements illustrates the assumptions of the conflict theory of justice?

A)Members of a society share common values and beliefs.
B)Laws are created as a result of agreement among members of a society.
C)Citizens share wide agreement on what behaviors can be considered "good" and "bad."
D)Laws are created to protect the dominant position of the powerful groups.

Question 14

Who has the discretion to drop charges if they decide that the evidence against the accused is weak?

A)prosecutor
B)judge
C)police
D)victim

Question 15

Which of the following statements is true of grand jury proceedings?

A)Both the prosecutor and defense attorneys outline the evidence to the grand jury.
B)The judge determines if there is probable cause to believe the accused committed the crime.
C)The defendant enters a plea at the grand jury trial.
D)If the grand jury finds sufficient evidence, it submits an indictment to the court.

Question 16

What is the main focus of the due process model of criminal justice?

A)fairness
B)crime control
C)conflict
D)deterrence

Question 17

If an accused person is considered not to be a flight risk, they may be released without having to provide bail.What is this called?

A)released without reservation
B)released on recognizance
C)released without bail
D)released without bond

Question 18

Which of the following models of the criminal justice process focuses on deterring crime through swift punishment and puts less emphasis on the rights of the accused?

A)due process
B)crime control
C)conflict
D)consensus

Question 19

Which of the following statements most closely describes the crime control model of criminal justice?

A)Criminal defendants are presumed guilty, and the courts should not stand in the way of effective enforcement of the laws.
B)Criminal defendants are presumed innocent, and the courts' first priority is protecting the constitutional rights of the accused.
C)Criminal defendants are presumed innocent, and crime is seen as a result of individual moral failure.
D)Criminal defendants are presumed guilty, and crime is seen as a result of social influences such as poverty and unemployment.

Question 20

Who of the following makes the discretionary decision as to whether to stop, search, or arrest?

A)prosecutor
B)police officer
C)judge
D)defense lawyer

Question 21

The written statement of the essential facts of the offense charged against the accused and issued by a grand jury is known as ______.

A)information
B)indictment
C)interdiction
D)accusation

Question 22

What is a sentencing option open to the court that allows a convicted person to remain at liberty as long as he or she complies with certain conditions and restrictions?

A)parole
B)probation
C)diversion
D)restitution

Question 23

If an offender is incarcerated for less than a year, where will they likely serve their sentence?

A)federal prison
B)local jail
C)halfway house
D)detention facility

Question 24

An array of sanctions that fall between probation and incarceration are referred to as ______ sanctions.

A)intermediate
B)transitional
C)medium
D)variable

Question 25

After a lengthy trial, the jury has found the defendant not guilty.What is another term for when a defendant is found "not guilty"?

A)expunged
B)conviction
C)acquittal
D)expulsion

Question 26

The conditional release of a prisoner before his/her full sentence has been served is known as ______.

A)parole
B)probation
C)diversion
D)restitution

Question 27

At which stage of the criminal justice process is the accused informed of the charges and his/her rights and asked to enter a plea to the charges?

A)initial appearance
B)arraignment
C)probable cause hearing
D)preliminary hearing

Question 28

______ circumstances are elements that tend to increase the offenders' blame.

A)Mitigating
B)Aggravating
C)Special
D)Major

Question 29

A criminal defendant can be found guilty by a jury, a judge, or through a guilty plea.What is this legal finding called?

A)conviction
B)acquittal
C)incarceration
D)penalty

Question 30

At which of the following is the accused given the opportunity to plead guilty, not guilty, or no contest?

A)arraignment
B)adjudication
C)appellate hearing
D)arrest

Question 31

A 16-year-old boy is convicted of sexually molesting his 13-year-old neighbor.The judge ultimately decided not to levy the maximum sentence against the boy because of several factors, including his age, his lack of a criminal record, and the fact that he had also been a victim of sexual abuse earlier in his childhood.All of these circumstances reduced the offender's blame.What are these circumstances called?

A)aggravating circumstances
B)alleviating circumstances
C)mitigating circumstances
D)reducing circumstances

Question 32

A young man was sentenced to 5-10 years in prison, and is likely to be out early due to good behavior.What type of sentence was he given?

A)indeterminate
B)determinate
C)absolute
D)restorative

Question 33

Offenders who are incarcerated for 1 year or more typically are housed in which of the following?

A)local jail
B)detention facility
C)federal prison
D)halfway house

Question 34

A police officer accused of planting evidence opted to waive his right to a trial by a jury of his peers.Instead, he chose to be tried by a judge.The judge heard both the prosecution and defense sides of the case, and then decided the case on her own.What is this called?

A)arraignment
B)bank trial
C)mistrial
D)bench trial

Question 35

What is a nolo contendere plea?

A)The accused immediately enters a plea of guilty.
B)The accused enters a plea of guilty but does not accept responsibility for the crime.
C)The accused accepts the penalty ordered by the court without admitting guilt.
D)The accused enters a plea of not guilty.

Question 36

Which of the following statements is true of the appellate process?

A)The accused is given a new trial in front of the appellate court.
B)The accused is given the option of a new trial in front of a different court.
C)The appellate court determines if there were any errors made at the trial.
D)The appellate court determines whether errors at trial adversely affected the fairness of the trial process or the accused's constitutional rights.

Question 37

Which of the following would be an example of an aggravating circumstance?

A)the offender was 14 years old at the time the crime was committed
B)the offender tortured the victim
C)the offender did not have a criminal record
D)the offender was caught in the act

Question 38

Which of the following sentences requires the offender to pay compensation to the victim?

A)fines
B)probation
C)restitution
D)reconciliation

Question 39

Which term refers to a sentence whereby someone receives a fixed number of years in prison?

A)indeterminate
B)determinate
C)absolute
D)restorative

Question 40

An offender is convicted of a murder and sentenced to life without the possibility of parole.What type of sentence will this offender serve?

A)sanctioned
B)conditional
C)indeterminate
D)determinate

Question 41

When the accused enters a plea of nolo contendere, he/she accepts the penalty ordered by the court without admitting his/her guilt.

Question 42

A man is arrested for embezzling $500 from his place of employment.This is the first time he has ever committed a crime, and he decides to take a plea agreement.In which layer of the wedding cake model would this case belong?

A)celebrated cases
B)serious felonies
C)lesser felonies
D)misdemeanors

Question 43

What are rules that spell out appropriate human conduct?

A)ethics
B)legalities
C)honesty
D)laws

Question 44

Rousseau described consensus within the ruling group and the need to use force and other means to ensure the compliance of other groups.

Question 45

The due process model posits that defendants should be presumed innocent and that granting too much freedom to law enforcement will result in the loss of freedom and civil liberties for all Americans.

Question 46

Prosecuting attorneys exercise discretion when determining whether or not to bring charges against an arrestee.

Question 47

At the preliminary hearing, there must be a finding of proof beyond a reasonable doubt for the case to continue.

Question 48

What happens when an individual is convicted and sentenced to death?

A)Their sentence is automatically converted to "life in prison without the possibility of parole."
B)Their case is automatically appealed.
C)They are immediately given a date and time for their execution.
D)They are refused the opportunity to appeal their case.

Question 49

The crime control model believes that punishment will serve as a deterrent to crime, but there must be expedience and finality in the courts to ensure the deterrent effect.

Question 50

Questions regarding whether police officers should receive free food from restaurants or free coffee from convenience stores are what kind of dilemmas?

A)legal
B)ethical
C)false
D)honesty

Question 51

Certain offenses, such as truancy and running away, are only illegal when they're committed by juveniles.What are these offenses called?

A)delinquency offenses
B)administrative codes
C)status offenses
D)youth ordinances

Question 52

Which of the following describes offenders who recidivate?

A)They will be released from prison to parole.
B)They have completed probation supervision.
C)They have committed a new crime.
D)They are juveniles sent to the adult court for processing.

Question 53

If the grand jury finds sufficient evidence to bind a criminal case over for trial, it will issue an information to the court, a written statement of the essential facts of the offense charged against the accused.

Question 54

Hobbes argued that all people were essentially irrational and selfish, but they had just enough rationality to come together to form governments for self-protection.

Question 55

Which model of criminal justice portrays the criminal justice process as a four-tiered hierarchy?

A)consensus
B)conflict
C)crime control
D)wedding cake

Question 56

In 1994, Orenthal James "OJ" Simpson was tried for the murder of his ex-wife, Nicole Brown Simpson, and her friend, Ron Goldman.The 11-month televised trial that ended with his acquittal has been described as the most publicized criminal trial in history, with an estimated 51 million audience watching the verdict.Based on this information, in what layer of the wedding cake model would this case belong?

A)celebrated cases
B)serious felonies
C)lesser felonies
D)misdemeanors

Question 57

Police officers decide whether to bring criminal charges against an arrestee.

Question 58

Aaron Hernandez was a former NFL player who was convicted of murdering a former friend.His case would be considered a "celebrated case" in the wedding cake model.If a person who was not a public figure carried out an identical crime, that case would fall under which layer of the wedding cake model?

A)celebrated cases
B)serious felonies
C)lesser felonies
D)misdemeanors

Question 59

At which layer of the wedding cake model of crime do most criminal matters occur?

A)celebrated cases
B)serious felonies
C)lesser felonies
D)misdemeanors

Question 60

Three-strikes laws stipulate that offenders must be sentenced to life in prison after their third felony conviction.

Question 61

Police officers are more likely to deal with misdemeanors cases informally and use their discretion to determine whether an arrest is necessary.

Question 62

Why is ethical behavior such an important consideration in the criminal justice system?

Question 63

If the appellate court agrees to hear a case, it means the defendant will have a new trial in front of the appellate court.

Question 64

Define and give examples of aggravating and mitigating factors at a sentencing hearing.

Question 65

For all offenses, when the accused has been convicted of a crime, the judge determines the sentence.

Question 66

Ethics refers to a set of rules or values that spell out appropriate human conduct.

Question 67

The accused has the option of having a trial by jury or trial by bench.

Question 68

A good portion of the lesser felony cases will be filtered out of the system prior to trial and end in plea agreements.

Question 69

Describe the difference between the crime control model and the due process models of the criminal justice process.

Question 70

Explain the difference between the consensus and conflict theorists with regard to how each view citizens' views toward the role of government.

Question 71

The case of James Holmes, the Aurora Colorado movie theater shooter is an example of a celebrated case.

Question 72

Explain the difference between probation and parole.

Question 73

States with the death penalty have an automatic appeal for cases in which a defendant has been sentenced to death.

Question 74

Differentiate between a determinate sentence and an indeterminate sentence.

Question 75

The wedding cake model of criminal justice depicts the raw number of crimes committed, followed by those reported to the police, those filed by the prosecutor, and those where a conviction is secured.

Question 76

The maximum age of original juvenile court jurisdiction in delinquency matters is 16 in most states.

Question 77

Describe how the initial appearance, preliminary hearing, and arraignment differ from each other.

Question 78

Discuss the parole process from the determination of eligibility until completion of sentence and what happens if the offender commits a new crime.

Question 79

Explain what happens when an offender requests an appellate review.

Question 80

Police officers, prosecutors, judges, and corrections officials all must exercise discretion when carrying out their jobs.Describe how each of the four officials exercises discretion.