Deck 3: The Going Rate

Question 1

The conclusion that only 1% of all criminals go to prison is based on the __________ model that visually represents the flow of cases through the system.

A) wedding cake
B) Funnel
C) going rate
D) punitive

Answer 1

B

Question 2

Cases are more likely to be rejected or dismissed because of evidence or witness problems than due process problems.

Answer 2

True

Question 3

If you know the offense and the offender's prior record you can likely predict the outcome of a case.This outcome is also known as what?

A) the going rate
B) the funnel effect
C) a loophole
D) a downward departure

Answer 3

A

Question 4

A reexamination of the funnel effect using more recent BJS data found that this effect no longer exists.

Question 5

According to BJS data from 2009, although only 36% of all convicted felony defendants were sentenced to prison, an additional __________ percent were sentenced to jail.

A) 27
B) 33
C) 35
D) 59

Question 6

Research has uncovered extensive disagreement among members of the courtroom work group in decisions regarding bail setting, plea bargaining, and presentence investigations.

Question 7

A lack of data makes it difficult to evaluate our CJS.

Question 8

After eliminating weak cases, almost all indicted offenders are convicted, and the majority of convicted offenders are incarcerated.

Question 9

Walker noted that our adult prosecution rate of __________ percent is hardly a sign of softness on crime.

A) 1
B) 27
C) 48
D) 73

Question 10

Case processing is unaffected by the dynamics of the courtroom work group.

Question 11

One of the reasons it is misleading to conclude that only 1% of all criminals go to prison is that

A) this conclusion is based on data that is over 40 years old
B) over a third of juvenile cases are transferred to juvenile court
C) the number sentenced to death row are not included in the 1% figure
D) this is not misleading, it is an accurate conclusion

Question 12

While the average maximum sentence length imposed has increased, time served has decreased.As such, the net effect is no change in terms of assessing leniency.

Question 13

The Innocence Project found that the most frequent contributor to wrongful conviction was erroneous eyewitness identification.

Question 14

The odds of going to prison for murder, burglary, and larceny are much higher in the U.S.compared to England, Canada, and West Germany.

Question 15

Eighty-five percent of dismissals lead to the defendant's leaving the criminal justice system.

Question 16

The influence of the courtroom work group is irrelevant to the implementation of justice system policies.

Question 17

While the courtroom work group has the power to frustrate legal reform, it does not have total control to completely nullify intended change.

Question 18

Working together daily, the courtroom work group reaches a general consensus about how different cases should be handled, which is known as the going rate.

Question 19

The criminal justice law of thermodynamics explains the chain reaction effect of criminal justice decision making.

Question 20

The major changes between the 1960s and 2009 have been

A) greater likelihood of burglary suspects going to prison and lesser likelihood of assault suspects going to prison
B) greater likelihood of those possessing a weapon going to prison, and lesser likelihood of larceny suspects going to prison
C) a general increase in incarceration rates and increase in length of sentencing
D) a general decrease in incarceration rates and increase in length of sentencing

Question 21

Time served, a measure of the justice system's punitiveness, has changed in what way over time?

A) remained the same
B) increased
C) decreased
D) whether it increased or decreased depends on the type of offense

Question 22

Some cases are rejected because of due process problems, but this is more likely to happen in ____(1)______ cases than ____(2)_____ cases.

A) (1) robbery (2) weapons
B) (1) weapons (2) drug
C) (1) violent (2) property
D) (1) drug (2) robbery

Question 23

Mandatory sentencing laws and truth-in-sentencing laws in some states have contributed to

A) decreases in average maximum sentence length imposed
B) increases in average maximum sentence length imposed
C) decreases in time served
D) increases in time served

Question 24

The going rate

A) is another name for sentencing guidelines
B) refers to a shared understanding about how much cases are worth
C) is a product of an unstable courtroom work group
D) is commonly referred to as the local legal culture

Question 25

Relative to other countries

A) America is more punitive in our tendency to imprison serious offenders, and more punitive in terms of time served for property crimes
B) America is similar in our tendency to imprison serious offenders, and similar in terms of time served for property crimes
C) America is similar in our tendency to imprison serious offenders, but more punitive in terms of time served for property crimes
D) America is punitive in our tendency to imprison serious offenders, but similar in terms of time served for property crimes

Question 26

__________ account for the majority of rejections or dismissals.

A) lenient judges
B) unrecorded arrests
C) evidence and witness problems
D) due process problems

Question 27

One might consider the American CJS an administrative system of justice, because

A) the determination of guilt or innocence is the result of a battle between prosecution and defense attorneys
B) decisions are negotiated by the courtroom work group through consensus
C) there is a presumption of guilt and the defendant's rights are unprotected
D) it is unlikely that the American CJS would be considered an administrative system

Question 28

A local jurisdiction's going rate is established

A) before cases reach the courtroom work group
B) after cases reach the courtroom work group
C) within the courtroom work group
D) outside of the courtroom work group

Question 29

Most cases that are dismissed are ultimately

A) reviewed by judges in other jurisdictions
B) referred to social services
C) lost to the CJS
D) kept in the criminal justice system

Question 30

Our high incarceration rate in the U.S.is mainly the result of

A) our high rates of violent crime and severe treatment of these offenders
B) our tendency to send convicted offenders to prison
C) our tendency to reject fewer cases involving African American
D) our high rates of plea bargaining

Question 31

Select the most accurate statement

A) courtroom work groups are surprisingly similar no matter what jurisdiction they are in
B) less stable membership in the courtroom work group promotes consensus resulting in efficient case processing
C) efficient processing of cases is more dependent upon caseload and resources than relationships among members of the courtroom work group
D) stable courtroom work groups characterized by a sense of mutual respect process cases more efficiently than unstable work groups

Question 32

The ability of the courtroom work group to influence reforms in the justice system is best characterized as

A) powerful
B) possible
C) hidden
D) unlikely

Question 33

The most important changes in sentencing during the past forty years have been spurred by

A) good-time laws
B) mandatory minimum sentencing laws
C) truth-in-sentencing laws
D) conviction laws

Question 34

A system of justice where guilt or innocence is determined through the state's presentation of the case and the defendant's challenge of it that is overseen by a neutral judge is what type of system?

A) administrative
B) inquisitorial
C) adversarial
D) impossible

Question 35

The standard liberal criticism is that our CJS is more _____(1)_____ than other countries, while conservatives argue that we are too _____(2)_____.

A) (1) lenient (2) lenient as well
B) (1) punitive (2) punitive as well
C) (1) punitive (2) lenient
D) (1) lenient (2) punitive

Question 36

The local legal culture is comprised of

A) police, courts, and corrections
B) adversaries, inquisitors, and administrators
C) the courtroom work group, going rate, and administrative decisions
D) prosecutors, defense attorneys, and judges

Question 37

America has the highest __________ rate in the world.

A) incarceration
B) conviction
C) arrest
D) crime

Question 38

Walker argues that theoretically we have an _____(1)_____ system of justice, but in reality we have an _____(2)_____ system of justice.

A) (1) adversarial (2) administrative
B) (1) adversarial (2) inquisitorial
C) (1) administrative (2) inquisitorial
D) (1) inquisitorial (2) adversarial

Question 39

Examples of the courtroom work group's ability to thwart justice system reforms can be seen in

A) the defense of life rule and Minnesota Sentencing Guidelines
B) Minnesota Sentencing Guidelines, but not federal Sentencing Guidelines
C) the granting of legal counsel under In re Gault and Gideon v.Wainwright
D) there are no examples, because the courtroom work group lacks the power to influence reforms

Question 40

Testimony of witnesses or victims is the primary evidence in what type of cases?

A) crimes against persons
B) victimless crimes
C) property crimes
D) dismissed cases

Question 41

The criminal justice law of thermodynamics states that a(n) ____(1)______ in the severity of a penalty results in ____(2)______ application of that penalty

A) (1) decrease (2) more frequent
B) (1) decrease (2) less frequent
C) (1) increase (2) more frequent
D) (1) increase (2) less frequent

Question 42

Courtroom work groups can mitigate the effects of harsh sentencing laws, but they cannot

A) nullify them completely
B) selectively adopt them
C) circumvent them
D) choose to prosecute on their basis

Question 43

According to the Innocence Project, all but which of the following are primary causes for wrongful conviction

A) false identification
B) rigorous scientific analysis
C) improper evidence
D) false confessions

Question 44

According to Walker's discussion of mistakes in the CJS, select the most accurate statement.

A) the extensive number of mistakes make loopholes larger and discrimination more pervasive
B) a system as overburdened as ours is sure to make as many mistakes as it does
C) mistakes are an inevitable result of the going rate
D) we need to be hyper-vigilant to prevent further mistakes

Question 45

One of the consequences of the criminal justice law of thermodynamics is that

A) the deterrent effect will be enhanced
B) the intent of justice system reforms may be undercut
C) the courtroom work group's going rate will be impotent
D) it shifts the power from the courtroom work group to policy makers

Question 46

Examples of the criminal justice law of thermodynamics include

A) In re Gault and speedy trial laws
B) the death penalty and decriminalization of marijuana
C) the death penalty and three strikes laws
D) early release programs and three strikes laws

Question 47

The implementation of reforms by the courtroom work group is dependent upon

A) the location of change as changes mandated from outside the courtroom work group face serious obstacles while changes initiated from within are likely to succeed
B) the nature of the reform in that modest reforms requiring slight changes are likely to succeed
C) the type of reform as unplanned developments affecting the workload of the justice system are more likely to succeed while policy changes face serious obstacles
D) the caseload and resources of the courtroom work group as the time of the reform