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Chap 01_13e Indicate whether the statement is true or false. 1. Proponents of the crime control model believe that the courts’ priority should be to protect the rights of the individual. a. True b. False 2. Federal judges are elected in district-wide elections. a. True b. False 3. One of the five major areas of civil law is domestic relations law. a. True b. False 4. Selective incorporation refers to the application of certain provisions of the Bill of Rights to the states through the Fourteenth Amendment. a. True b. False 5. The most controversial defense of justification is insanity. a. True b. False 6. The due process model emphasizes protecting the rights of the individual. a. True b. False 7. In the United States, separate systems of federal courts and state courts exist. a. True b. False 8. A law in action perspective helps us understand the dynamics of courthouse justice. a. True b. False 9. The organization of prosecutors in the United States is consistent across the state and federal criminal justice system. a. True b. False 10. The decisions of trial courts may be reviewed by appellate courts. a. True b. False

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Chap 01_13e 11. According to the due process model, the courts have hindered effective law enforcement. a. True b. False 12. The judge is generally the most influential official of the court house actors. a. True b. False 13. Necessity is not a defense recognized by law. a. True b. False 14. Approximately 2.5 million people work in the criminal justice system. a. True b. False 15. The use of precedent promotes fairness and consistency. a. True b. False 16. In the crime control model, one goal is to process defendants quickly. a. True b. False 17. The mental state required for a crime to have been committed is referred to as the actus reus. a. True b. False 18. To be criminal, an act must be voluntary. a. True b. False 19. The term “dual court system” refers to separate state and federal courts. a. True b. False 20. Democratic governments derive their powers from the law. a. True b. False 21. A law in action perspective stresses the importance of discretion. a. True b. False

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Chap 01_13e 22. The crime control and due process models were developed by Herbert Packer. a. True b. False 23. A narrow gap exists between legal theory and how that law is applied. a. True b. False 24. Media coverage can provide caricatures, not pictures, of courts and the criminal justice system. a. True b. False 25. Legislatures did not become a principal source of law in the United States until the 20th century. a. True b. False Indicate the answer choice that best completes the statement or answers the question. 26. Coercive police practices are a violation of this essential element of due process. a. equal protection b. the third degree c. self-incrimination d. fundamental fairness 27. Which of the following is not an element of a crime? a. mens rea b. actus reus c. attendant circumstances d. guilty conscience 28. Which of the following is the highest burden of proof? a. clear and convincing evidence b. preponderance of evidence c. probable cause d. proof beyond a reasonable doubt 29. Which of the following is NOT true of law in action? a. It focuses on human factors governing application of law. b. It stresses the importance of discretion. c. Strict enforcement of laws and adherence to procedures are a key feature. d. Prosecutors use discovery to encourage guilty pleas.

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Chap 01_13e 30. What is the name of a request for a judge to make a decision? a. an affidavit b. a warrant c. a motion d. a judgment 31. Much of the Bill of Rights has been made applicable to the states through the: a. Fourth Amendment. b. doctrine of precedent. c. legislative process. d. Fourteenth Amendment. 32. What is the body of rules, other than criminal law, that governs private parties? a. inheritance law b. civil law c. production law d. attempt law 33. What is the name of rules and regulations adopted by administrative agencies that have the force of law? a. statutory regulations b. constitutional regulations c. administrative regulations d. due process regulations 34. Which term emphasizes fundamental fairness insofar as a person should always be given notice of any charges brought against him or her, that a person should be provided a real chance to present his or her side in a legal dispute, and that no law or government procedure should be arbitrary or capricious? a. procedural process b. crime control c. criminal defenses d. due process of law 35. In contrast to federal judges, most state judges are: a. appointed by the governor. b. appointed by the state legislature. c. appointed by the state supreme court. d. elected. 36. The first document that establishes the underlying principles and general laws of a nation or state is: a. substantive law. b. procedural law. c. a precedent. d. a constitution. Copyright Cengage Learning. Powered by Cognero.

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Chap 01_13e CASE 1.3

As a result of increased enforcement efforts, the courts and correctional facilities are inundated with mostly low-level drug offenders. Public support of the newest campaign in the war on drugs is starting to wane as increasing taxes to build new jails to house pretrial detainees is discussed 37. Which of the following is NOT part of the crime control belief system? a. Individual responsibility is at issue when considering the ramifications of drug abuse. b. Speedy trial legislation should be enacted to ensure that justice is not delayed. c. The adversarial process at trial achieves the correct result. d. Incarceration achieves the dual result of deterrence and increased public safety. 38. Mens rea refers to the: a. guilty act. b. body of the crime. c. scene of the crime. d. guilty mind. 39. Which term refers to legal obligations? a. substantive law b. procedural law c. precedent d. constitution 40. A trial by a judge without a jury is called a: a. summary trial. b. bar trial. c. bench trial. d. trial de novo. 41. The operation of two separate and distinct court systems in the United States is referred to as: a. a dual court system. b. checks and balances. c. separate but equal. d. judicial federalism. 42. Which term refers to the protection of rights of the individual? a. due process b. crime control c. criminal defenses d. due process of law

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Chap 01_13e 43. Which of the following is true of grand juries? a. They are used by all states. b. They deliberate in open hearings. c. They issue an indictment in most cases. d. They are utilized only in misdemeanor cases. 44. The primary justification for providing constitutional safeguards in the criminal justice process is to ensure that: a. innocent persons are not harassed or wrongly convicted. b. the guilty are punished. c. society administers justice to the accused. d. convictions are not overturned on appeal. 45. Which term refers to the methods of enforcing legal obligations? a. substantive law b. procedural law c. precedent d. constitution 46. Which term refers to the repression of criminal conduct? a. due process b. crime control c. criminal defenses d. due process of law 47. The three main components of the American criminal justice system are: a. federal, state, and local. b. judges, prosecutors, and defense attorneys. c. police, courts, and corrections. d. probation, prison, and parole. 48. Which of the following is not one of the justice professionals in the courthouse? a. social services personnel b. prosecutors c. judges d. police 49. Criminal justice is best viewed as a system and a: a. conglomerate. b. business. c. nonsystem. d. victim’s agency.

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Chap 01_13e 50. Which Amendment to the U.S. Constitution guarantees the right to counsel? a. Fourth Amendment b. Fifth Amendment c. Sixth Amendment d. Eighth Amendment 51. Laws created by federal and state legislatures are known as: a. ordinances. b. statutes. c. administrative regulations. d. legislation. 52. Which of the following is a characteristic of the crime control model of criminal justice? a. The process resembles an obstacle course for the prosecution and police. b. It stresses formal and court fact-finding. c. There is concern for speed and protecting society. d. It focuses on the rights of defendants. 53. Which term is derived from the way crime is defined? a. due process b. crime control c. criminal defenses d. due process of law 54. By and large, criminal defendants are: a. young, poor, uneducated, and male. b. young, poor, and female, and a member of a minority group. c. young, poor, male, and minority. d. middle-aged, male, uneducated, and a repeat offender. 55. The most influential actor in the courthouse is the: a. judge. b. defense attorney. c. clerk of court. d. prosecutor. 56. After arrest, arrestees are brought before a judge, advised of their rights and the charges against them, and given a chance to make bail at the: a. pretrial hearing. b. initial appearance. c. arraignment. d. preliminary hearing.

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Chap 01_13e 57. The party who initiates a civil suit is known as the: a. appellant. b. victim. c. appellee. d. plaintiff. 58. The key characteristics of common law include all of the following, EXCEPT: a. it is predominately judge-made. b. it is based on justice. c. it is found in multiple sources. d. it applies rules of law found in previous cases. 59. Around 90 percent of felony convictions result from a: a. plea bargain. b. trial by jury. c. bench trial. d. preliminary hearing. 60. The key goal of the crime control model is the: a. repression of criminal conduct. b. rights of defendants. c. rights of victims. d. integrity of the courts. 61. Courts can be classified according to their function (rather than jurisdiction) as: a. local, state, and federal courts. b. substantive and procedural courts. c. national and multinational courts. d. trial and appeals courts. 62. Which of the following is NOT part of the due process belief system? a. The war on drugs has a disproportionate effect on racial minorities. b. Speedy trial legislation should be enacted to ensure that justice is not delayed. c. The adversarial process at trial achieves the correct result. d. Rehabilitation achieves the dual result of deterrence and increased public safety. 63. The numerous public agencies involved in implementing public policy concerning crime are referred to as the: a. court system. b. corrections system. c. law enforcement system. d. criminal justice system.

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Chap 01_13e CASE 1.1 The creation of designer drugs is outpacing the ability of society to enact laws to prohibit them. Many of these substances have negative side effects, ranging from violent behavior to death. 64. Which of the following responses to the problem would best fit the due-process philosophy? a. Government takes steps to limit the availability of ingredients used in the manufacture of designer drugs. b. Pass legislation and increase enforcement efforts to send a message of zero tolerance to those who manufacture, sell, and use designer drugs. c. Dramatic increase in the use of drug courts to divert first-time offenders and defer prosecution. d. Design public awareness campaign to warn potential users of the serious legal ramifications if they are caught with the drugs. 65. Another word for stare decisis is: a. substantive law. b. procedural law. c. precedent. d. constitution. CASE 1.2 Politicians have expressed their outrage at the designer drug problem by enacting legislation targeting manufacture, sale, and possession that require mandatory minimum sentences. The police across the country start making arrests based on this new legislation. 66. Which of the following aspects of the criminal justice process exemplify law on the books? a. Police Mirandize a suspect and obtain a voluntary confession. b. At initial appearance, the judge sets a low bail because the jail is overcrowded. c. The prosecutor meets with the defense attorney to discuss the terms of a plea agreement. d. Upon accepting the plea, the judge sentences the defendant based on his own discretion. 67. Which Amendment to the U.S. Constitution prohibits unreasonable searches and seizures? a. First Amendment b. Fourth Amendment c. Fifth Amendment d. Eighth Amendment 68. Which of the following aspects of the criminal justice process exemplify law in action? a. Police Mirandize a suspect and obtain a voluntary confession. b. At initial appearance, the defendant is advised of his rights and bail is set according to the bond schedule. c. The prosecutor meets with the public defender to discuss the terms of a plea agreement. d. Upon pleading guilty, the defendant is dissatisfied with the sentence and appeals.

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Chap 01_13e 69. Jurors’ expectations of forensic evidence in even the most mundane of cases have been called the: a. DNA effect. b. CSI effect. c. science effect. d. BSU effect. 70. If the grand jury finds probable cause to hold the defendant for trial, it returns a(n): a. warrant. b. no true bill. c. true bill. d. Alford bill. Enter the appropriate word(s) to complete the statement. 71. The ____________ is the most influential of the courthouse actors.

72. The Wickersham Commission (1931) defined the ____________ as “the inflicting of pain, physical or mental, to extract confessions or statements.”

73. ____________ courts are divided into major and lower courts.

74. The public often blames ____________ for allowing guilty defendants to go free on technicalities.

75. Law is both substantive and ____________.

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Chap 01_13e 76. In ____________ courts, no trials are held, no jurors are employed, and no witnesses are heard.

77. Depending on the dramatic needs of the movie or TV show, police may be portrayed as ____________.

78. The doctrine of applying the Bill of Rights to the states through the Fourteenth Amendment is known as ____________.

79. The ____________ is the name for the first ten Amendments of the U.S. Constitution.

80. A ____________ perspective helps us understand the dynamics of courthouse justice.

81. In the ____________, social consciousness began to focus on social equality and equal justice under law.

82. The most important value in the ____________ model is the repression of criminal conduct.

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Chap 01_13e 83. A ruling in a previous case that serves as a guide in deciding subsequent cases with similar circumstances is known as a(n) ____________.

84. Most people in the United States learn about the ways in which criminal cases are processed through the courts from ____________.

85. The term “____________” refers to the exchange of information prior to trial.

86. The basis of law can be summarized in two words: ____________ conflict.

87. In every criminal case the prosecution must prove what is known as ____________, a Latin phrase meaning “body of the crime.”

88. The ____________ of a crime provide the technical definition of a crime.

89. The ____________ model emphasizes protecting the rights of the individual.

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Chap 01_13e 90. One of the most fundamental rights granted to those accused of violating the criminal law is ____________.

91. Contrast the due process and crime control models of criminal justice.

92. Explain the function of the criminal justice system from both an interdependent system perspective as well as a fragmented non-system perspective.

93. Consider that you are a deputy, and have just reviewed the following principles of contemporary criminal

procedure: a. An involuntary statement is considered to be inherently untrustworthy or unreliable, and convictions based on unreliable evidence violate due process. b. Coercive police practices are a violation of fundamental fairness, an essential element of due process; therefore, a confession coerced by the police violates due process, even if that confession is otherwise reliable. c. Free choice is an essential aspect of due process, and an involuntary confession cannot be the product of a person’s free and rational choice. In your opinion, sometimes there are situations where force is necessary to gain confessions. With this in mind, but also considering the above prinicples, how forceful is acceptable and why? What are better alternatives? Also, what do you think should have happened to cases where force was exercised prior to the Brown v. Mississippi case? Have you heard of any cases since then that have used force to any degree either? What are your thoughts on those cases? Please fully explain.

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Chap 01_13e 94. Describe some of the key differences between the law on the books and the law in action.

95. Discuss the function and importance of the grand jury.

96. Consider you are a prosecuting attorney, reviewing a textbook about criminal justice. What would be the impost important things you would look for when the text describes what makes felonies, misdemeanors, and violations different from each other? You know that in setting penalties, the law often makes a distinction based on the serious of the offense. The most serious crimes are called felonies and in most states, they are punishable by one year or more in prison. Less serious offenses are called misdemeanors, which are typically punishable by up to a one-year sentence in a local jail. And finally, the least serious offenses are called violations, which are subject to fines or very short jail terms. The next day you presented with a new case. What kinds of things would you take into consideration when determining what charge an offense is? Are there any things that you think could be considered more than one offense, or even could boarder one or another offense (as in, is there an offense that could be considered a felony or a misdemeanor?). How would you make your determination? Give an example and fully explain.

97. Contrast the roles of trial and appellate courts.

98. List the steps in processing a typical felony case. Briefly describe what happens at each step.

99. Identify and explain the importance of the three key characteristics of the common law.

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Chap 01_13e 100. Which amendments from the Bill of Rights are pertinent to criminal procedure? Describe what rights they affect or provide for defendants.

101. American government is based on the principle of federalism, which distributes governmental power between national (usually referred to as federal) and state governments. In turn, state governments create local units of government, such as counties and cities. Each of these levels of government has its own array of police, courts, and corrections. This decentralization adds tremendously to the complexity of the American criminal justice system. For example, depending on the nature of the law allegedly violated, several different prosecutors may bring charges against a defendant, including the following: city attorney (local), district attorney (county), attorney general (state), U.S. attorney (U.S. district court), and U.S. attorney general (national). You are a student who is curious the different types of attorneys, but think you would be interested in looking more into being a city attorney in a large city. In your research, what do you find out about what types of cases may you be involved in? Which types of cases would you be most and least interested in, and why? Are any of them, in your opinion, easier or more difficult than another? Please fully explain.

102. Consider that you are on a case where a child is on trial for the murder of his own father. You have a son of your own and have a very close relationship with him. You realize, though, that though you cannot understand how a child could kill his father, this case could fall under a defense of excuse. These cases typically seek to excuse acts committed by defendants who should not be held criminally responsible for their actions because they were too young or because their mental state prevented them from understanding the consequences of their actions. The law recognizes youthful age as a criminal defense under certain circumstances. Knowing what you do about the case, the defense of excuse, and your own relationship with your child, what is your opinion on how a child should be charged? Does it depend on the seriousness of the case, or no? Why or why not? Fully explain.

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Chap 01_13e 103. You are a judge in New York City at the time that the George Zimmerman/Trayvon Martin case is going on. You are familiar and have personally dealt with crimes of racial profiling in the past, but with this recent case, they have become more publicized and prominent. Claims of racial profiling in who was stopped, questioned, and frisked by New York City Police Department officers led to the federal courts adjudicating several class action civil rights lawsuits that ultimately resulted in a settlement involving judicial oversight of police stop-andfrisk activities. Because of this, and the acquittal of George Zimmerman for killing of Trayvon Martin, the Black Lives Matter movement was formed. Your viewpoint of a judge is that stop and frisk would be a helpful and necessary part of keeping the city safe. With your viewpoint as well as the above information, including recent racial profiling cases, how would you reexamine the use of force being legally justified? How do the facts about a case influence your opinion? Do you agree with the outcome of the George Zimmerman/Trayvon Martin case? Please fully explain.

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