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

Question 1

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

Answer 1

B

Question 2

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

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

Answer 2

A

Question 3

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

Answer 3

C

Question 4

______ are laws that define criminal acts and how such acts will be punished.

A) Criminal law
B) Civil law
C) Criminal justice
D) Natural law

Question 5

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 6

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 7

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.

Question 8

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

Question 9

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

Question 10

Which law was intended to reduce crime and protect the public, but actually proved to be costly, unnecessarily punitive, and did not actually reduce crime?

A) Klaas law
B) Polly's law
C) Crime Reduction law
D) Three-strikes law

Question 11

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 12

Criminal laws are enacted to define acts that are criminal and proscribe punishments for those who engage in those acts. What is another purpose of criminal law?

A) emulate laws in other countries
B) uphold traditional values
C) establish civil remedies for disagreements
D) maintain order

Question 13

In 2012, drugs were commonly sold as "synthetic marijuana" or "bath salts" that allowed users to achieve a "legal high" while avoiding federal drug bans. Eventually, these drugs were banned after being linked to several high-profile incidents. What feature of criminal law does this illustrate?

A) Criminal laws are static and rarely require revision.
B) Legislators prefer not to revise existing law because it is difficult.
C) Criminal laws are changed in response to new threats.
D) Existing criminal laws can be a barrier to enforcement.

Question 14

Which conflict theorist is known for arguing that "man is born free, but everywhere he is in chains."?

A) Locke
B) Plato
C) Hobbes
D) Rousseau

Question 15

What did Locke believe was the chief purpose of government?

A) national defense
B) printing money
C) levying taxes
D) protection of property

Question 16

Which of the following is a crime control strategy intended to curb crime by punishing repeat offenders with lengthy prison sentences (usually 25 years to life) once they commit three or more violent offenses?

A) life laws
B) three-strikes laws
C) repeat offender laws
D) Polly Klass's law

Question 17

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 18

Which of the following individuals would be responsible for exercising discretion after an individual is convicted and sentenced?

A) police officer
B) judge
C) prosecutor
D) corrections officer

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

This theorist argued all people are basically selfish and irrational; their primary purpose for forming a government was for self-protection.

A) Hobbes
B) Locke
C) Calvin
D) Rousseau

Question 21

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 22

Which stage of the process is also referred to as the "probable cause" stage?

A) preliminary hearing
B) initial appearance
C) arraignment
D) sentencing

Question 23

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 24

Who determines the sentence once an individual has been convicted of a crime (with the exception of death penalty cases)?

A) jury
B) judge
C) prosecutor
D) defense attorney

Question 25

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 26

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 27

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 28

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 29

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 30

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 31

Which of the following is the first formal step in the criminal justice process?

A) arrest
B) arraignment
C) criminal event
D) investigation

Question 32

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 33

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 34

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 35

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 36

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 37

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 38

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 39

Approximately 95% of all defendants enter a ______.

A) not guilty plea
B) nolo contendere plea
C) guilty plea
D) plea agreement.

Question 40

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 41

What is considered more severe than probation but less severe than incarceration?

A) restitution
B) fine
C) parole
D) intermediate sanction

Question 42

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 43

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

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

Question 44

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 45

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 46

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

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

Question 47

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 48

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 49

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 50

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 sentence
B) conditional sentence
C) indeterminate sentence
D) determinate sentence

Question 51

When a crime has been expunged, it has essentially been ______.

A) erased
B) dropped
C) scratched
D) dismissed

Question 52

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 53

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 54

An offender was granted parole. One of the conditions of her release was that she could not use any drugs while she was on parole. During one of her scheduled visits, the parole officer drug tested the parolee, and found that she was under the influence of drugs. As a result, the parolee was returned to prison. What term describes this action?

A) recidivism
B) parole revocation
C) determinate sentence
D) probation

Question 55

Probation, restitution and fines are all examples of penalties or punishments called ______.

A) indeterminate sentences
B) determinate sentences
C) acquittals
D) sanctions

Question 56

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 57

What is the maximum age for juvenile court jurisdiction in most states?

A) 15
B) 16
C) 17
D) 18

Question 58

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 59

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 60

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

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

Question 61

Andrea Yates is the Texas woman who captured the media's attention when she was charged and convicted of drowning her five children. Her case would fall under which layer of the wedding cake model?

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

Question 62

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 63

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 64

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 65

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 66

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

Question 67

Offenders who commit offenses such as aggravated assault and arson would belong in which layer of the wedding cake model of crime?

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

Question 68

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 69

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 70

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 71

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

Question 72

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 73

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 74

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

Question 75

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 76

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

Question 77

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 78

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

Question 79

What are rules that spell out appropriate human conduct?

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

Question 80

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