Chapter 01: Fundamentals of Criminal Justice: Essential Themes and Practices

Chapter 01: Fundamentals of Criminal Justice: Essential Themes and Practices

MULTIPLE CHOICE

1. 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 a minimum of 25 years 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.

ANS: B PTS: 1 DIF: Medium

REF: under heading: Foundations of Criminal Justice: Legal and Historical Bases

OBJ: 1 COG: Comprehension

2. The original intent of which laws was to require violent offenders convicted of a qualifying felony, with two prior qualifying felony convictions, to serve a minimum of 25 years in prison?

a. / Life laws
b. / Striker laws
c. / Three strikes laws
d. / Hannah prior laws

ANS: C PTS: 1 DIF: Easy

REF: under heading: Foundations of Criminal Justice: Legal and Historical Bases

OBJ: 2 COG: Knowledge

3. The belief that property holders become members of a commonwealth only with their express consent to submit to the government of the commonwealth is associated with which theory?

a. / Jefferson's theory of democracy
b. / Hobbe's social contract theory
c. / Locke's theory of tacit consent
d. / Rousseau's conflict theory

ANS: C PTS: 1 DIF: Easy

REF: under heading: The Consensus-Versus-Conflict Debate OBJ: 2

COG: Knowledge

4. What did Locke believe was the chief purpose of government?

a. / National defense
b. / Printing money
c. / Levying taxes
d. / Protection of property

ANS: D PTS: 1 DIF: Easy

REF: under heading: The Consensus-Versus-Conflict Debate OBJ: 2

COG: Knowledge

5. This theorist argued all people are basically selfish and irrational and that people form governments for self-protection.

a. / Hobbes
b. / Locke
c. / Calvin
d. / Rousseau

ANS: A PTS: 1 DIF: Easy

REF: under heading: The Consensus-Versus-Conflict Debate OBJ: 2

COG: Knowledge

6. Which of the following statements is true of the sovereign citizen movement?

a. / Members believe the U.S. government is legitimate but that they should not have to pay taxes.
b. / Members believe the U.S. government is illegitimate, although they recognize the legitimacy of the U.S. Constitution.
c. / Members believe the U.S. government is illegitimate and that they should not have to pay taxes.
d. / Members believe the U.S. government is legitimate, but they do not feel they should be subject to federal laws.

ANS: C PTS: 1 DIF: Medium

REF: under heading: The Consensus-Versus-Conflict Debate OBJ: 2

COG: Analysis

7. The ______model of the criminal justice process argues that criminal defendants should be presumed innocent and that the courts' first priority is protecting the constitutional rights of the accused.

a. / due process
b. / crime control
c. / conflict
d. / consensus

ANS: A PTS: 1 DIF: Easy

REF: under heading: Crime Control and Due Process OBJ: 4

COG: Knowledge

8. 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.

ANS: B PTS: 1 DIF: Medium

REF: under heading: Crime Control and Due Process OBJ: 4

COG: Analysis

9. The ______model of the criminal justice process posits that persons who are charged for a crime are presumed guilty and that the courts should not hinder effective enforcement of the laws.

a. / consensus
b. / conflict
c. / due process
d. / crime control

ANS: D PTS: 1 DIF: Easy

REF: under heading: Crime Control and Due Process OBJ: 4

COG: Knowledge

10. 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.

ANS: A PTS: 1 DIF: Medium

REF: under heading: Crime Control and Due Process OBJ: 4

COG: Analysis

11. Police chiefs serve at the pleasure of their ______.

a. / city councils
b. / county court system
c. / state legislature
d. / federal government

ANS: A PTS: 1 DIF: Easy

REF: under heading: Permeating the Field OBJ: 3

COG: Knowledge

12. Which of the following criminal justice officials are elected?

a. / county sheriff
b. / public defender
c. / chief of police
d. / federal judge

ANS: A PTS: 1 DIF: Easy

REF: under heading: Permeating the Field OBJ: 3

COG: Knowledge

13. Making decisions based on their one’s judgments in particular situations is referred to as ______.

a. / discretion
b. / autonomy
c. / leadership
d. / favoritism

ANS: A PTS: 1 DIF: Easy

REF: under heading: Discretion: Making and Applying the Law

OBJ: 5 COG: Knowledge

14. Which 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

ANS: B PTS: 1 DIF: Medium

REF: under heading: Discretion: Making and Applying the Law

OBJ: 5 COG: Comprehension

15. The ______exercised discretion in setting bail.

a. / police officer
b. / judge
c. / defense lawyer
d. / prosecutor

ANS: B PTS: 1 DIF: Hard

REF: under heading: Discretion: Making and Applying the Law

OBJ: 5 COG: Application

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

a. / arrest
b. / arraignment
c. / criminal event
d. / investigation

ANS: C PTS: 1 DIF: Easy

REF: under heading: The Offender’s Pathway Through the Process

OBJ: 6 COG: Knowledge

17. The ______follows the arraignment.

a. / investigation
b. / arrest
c. / verdict
d. / trial

ANS: D PTS: 1 DIF: Easy

REF: under heading: The Offender’s Pathway Through the Process

OBJ: 6 COG: Knowledge

18. Who determines if formal charges will be filed with the court?

a. / The prosecutor
b. / The judge
c. / The police
d. / The victim

ANS: A PTS: 1 DIF: Easy

REF: under heading: Prosecution and Pretrial Activities OBJ: 6

COG: Knowledge

19. 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

ANS: C PTS: 1 DIF: Easy

REF: under heading: Prosecution and Pretrial Activities OBJ: 6

COG: Knowledge

20. 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.

ANS: D PTS: 1 DIF: Hard

REF: under heading: Prosecution and Pretrial Activities/Preliminary Hearing or Grand Jury

OBJ: 6 COG: Application

21. This stage of the process is also referred to as the probable cause stage.

a. / Preliminary hearing
b. / Initial appearance
c. / Arraignment
d. / Sentencing

ANS: A PTS: 1 DIF: Easy

REF: under heading: Preliminary Hearing or Grand Jury OBJ: 6

COG: Knowledge

22. 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.

ANS: B PTS: 1 DIF: Easy

REF: under heading: Prosecution and Pretrial Activities/Preliminary Hearing or Grand Jury

OBJ: 6 COG: Knowledge

23. 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. / The initial appearance
b. / The arraignment
c. / The probable cause hearing
d. / The preliminary hearing

ANS: B PTS: 1 DIF: Easy REF: under heading: Adjudication

OBJ: 6 COG: Knowledge

24. What is a nolo contendere plea?

a. / When the accused immediately enters a plea of guilty
b. / When the accused enters a plea of guilty but does not accept responsibility for the crime
c. / When the accused accepts the penalty ordered by the court without admitting guilt
d. / When the accused enters a plea of not guilty

ANS: C PTS: 1 DIF: Easy REF: under heading: Adjudication

OBJ: 6 COG: Knowledge

25. A[n] ______takes place when the accused opts to have the judge (not a jury) hear both sides of a criminal case and render a verdict.

a. / arraignment
b. / banc trial
c. / mistrial
d. / bench trial

ANS: D PTS: 1 DIF: Easy REF: under heading: Adjudication

OBJ: 6 COG: Knowledge

26. ______circumstances are elements that tend to increase the offenders’ blame.

a. / Mitigating
b. / Aggravating
c. / Special
d. / Major

ANS: B PTS: 1 DIF: Easy

REF: under heading: Sentencing and Sanctions, Generally OBJ: 6

COG: Knowledge

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

a. / erased.
b. / dropped.
c. / scratched.
d. / dismissed.

ANS: A PTS: 1 DIF: Easy

REF: under heading: Prosecution and Pretrial Activities OBJ: 6

COG: Knowledge

28. Which of the following sentence choices requires the offender to pay compensation to the victim?

a. / fines
b. / probation
c. / restitution
d. / reconciliation

ANS: C PTS: 1 DIF: Easy

REF: under heading: Sentencing and Sanctions, Generally OBJ: 6

COG: Knowledge

29. A sentencing option open to the court that allows a convicted person to remain at liberty as long as he/she complies with certain conditions and restrictions such as drug testing or treatment is known as

a. / parole.
b. / probation.
c. / diversion.
d. / restitution.

ANS: B PTS: 1 DIF: Easy

REF: under heading: Sentencing and Sanctions, Generally/Mitigating Circumstances

OBJ: 6 COG: Knowledge

30. Offenders who receive an incarcerative sentence of 1 year or more are housed in a ______.

a. / jail
b. / detention facility
c. / prison
d. / halfway house

ANS: C PTS: 1 DIF: Easy

REF: under heading: Sentencing and Sanctions, Generally OBJ: 6

COG: Knowledge

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

a. / intermediate
b. / transitional
c. / medium
d. / variable

ANS: A PTS: 1 DIF: Easy

REF: under heading: Sentencing and Sanctions, Generally OBJ: 6

COG: Knowledge

32. 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.

ANS: D PTS: 1 DIF: Medium

REF: under heading: Appellate Review OBJ: 6 COG: Comprehension

33. 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.

ANS: A PTS: 1 DIF: Easy REF: under heading: Corrections

OBJ: 6 COG: Knowledge

34. ______sentence refers to a fixed sentence, whereby someone receives a fixed number of years in prison.

a. / Indeterminate
b. / Determinate
c. / Absolute
d. / Restorative

ANS: B PTS: 1 DIF: Easy REF: under heading: Corrections

OBJ: 6 COG: Knowledge

35. Offenses such as truancy and running away that only apply to juveniles are known as

a. / delinquency offenses.
b. / administrative codes.
c. / status offenses.
d. / youth ordinances.

ANS: C PTS: 1 DIF: Easy

REF: under heading: The Juvenile Justice System OBJ: 6

COG: Knowledge

36. Offenders who recidivate

a. / will be released from prison to parole.
b. / have completed probation supervision.
c. / have committed a new crime.
d. / are juveniles sent to the adult court for processing.

ANS: C PTS: 1 DIF: Easy REF: under heading: Corrections

OBJ: 6 COG: Knowledge

37. Name the model of criminal justice that portrays the criminal justice process as a four-tiered hierarchy.

a. / consensus
b. / conflict
c. / crime control
d. / wedding cake

ANS: D PTS: 1 DIF: Easy