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: MediumREF: under heading: Foundations of Criminal Justice: Legal and Historical BasesOBJ: 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 lawsb. Striker lawsc. Three strikes lawsd. Hannah prior laws

ANS: C PTS: 1 DIF: EasyREF: under heading: Foundations of Criminal Justice: Legal and Historical BasesOBJ: 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 democracyb. Hobbe's social contract theoryc. Locke's theory of tacit consentd. Rousseau's conflict theory

ANS: C PTS: 1 DIF: EasyREF: under heading: The Consensus-Versus-Conflict Debate OBJ: 2COG: Knowledge

4. What did Locke believe was the chief purpose of government?a. National defenseb. Printing moneyc. Levying taxesd. Protection of property

ANS: D PTS: 1 DIF: EasyREF: under heading: The Consensus-Versus-Conflict Debate OBJ: 2COG: Knowledge

5. This theorist argued all people are basically selfish and irrational and that people form governments for self-protection.a. Hobbesb. Lockec. Calvind. Rousseau

ANS: A PTS: 1 DIF: EasyREF: under heading: The Consensus-Versus-Conflict Debate OBJ: 2COG: 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: MediumREF: under heading: The Consensus-Versus-Conflict Debate OBJ: 2COG: 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 processb. crime controlc. conflictd. consensus

ANS: A PTS: 1 DIF: EasyREF: under heading: Crime Control and Due Process OBJ: 4COG: 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: MediumREF: under heading: Crime Control and Due Process OBJ: 4COG: 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. consensusb. conflictc. due processd. crime control

ANS: D PTS: 1 DIF: EasyREF: under heading: Crime Control and Due Process OBJ: 4COG: 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: MediumREF: under heading: Crime Control and Due Process OBJ: 4COG: Analysis

11. Police chiefs serve at the pleasure of their _________.a. city councilsb. county court systemc. state legislatured. federal government

ANS: A PTS: 1 DIF: EasyREF: under heading: Permeating the Field OBJ: 3COG: Knowledge

12. Which of the following criminal justice officials are elected?a. county sheriffb. public defenderc. chief of policed. federal judge

ANS: A PTS: 1 DIF: EasyREF: under heading: Permeating the Field OBJ: 3COG: Knowledge

13. Making decisions based on their one’s judgments in particular situations is referred to as __________.a. discretionb. autonomyc. leadership

d. favoritism

ANS: A PTS: 1 DIF: EasyREF: under heading: Discretion: Making and Applying the LawOBJ: 5 COG: Knowledge

14. Which of the following makes the discretionary decision as to whether to stop, search, or arrest?a. prosecutorb. police officerc. judged. defense lawyer

ANS: B PTS: 1 DIF: MediumREF: under heading: Discretion: Making and Applying the LawOBJ: 5 COG: Comprehension

15. The __________ exercised discretion in setting bail.a. police officerb. judgec. defense lawyerd. prosecutor

ANS: B PTS: 1 DIF: HardREF: under heading: Discretion: Making and Applying the LawOBJ: 5 COG: Application

16. Which of the following is the first step in the criminal justice process?a. arrestb. arraignmentc. criminal eventd. investigation

ANS: C PTS: 1 DIF: EasyREF: under heading: The Offender’s Pathway Through the ProcessOBJ: 6 COG: Knowledge

17. The __________ follows the arraignment.a. investigationb. arrestc. verdictd. trial

ANS: D PTS: 1 DIF: EasyREF: under heading: The Offender’s Pathway Through the ProcessOBJ: 6 COG: Knowledge

18. Who determines if formal charges will be filed with the court?a. The prosecutorb. The judgec. The policed. The victim

ANS: A PTS: 1 DIF: EasyREF: under heading: Prosecution and Pretrial Activities OBJ: 6COG: 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. indictmentb. circumstantial evidencec. probable caused. preponderance of the evidence

ANS: C PTS: 1 DIF: EasyREF: under heading: Prosecution and Pretrial Activities OBJ: 6COG: 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: HardREF: under heading: Prosecution and Pretrial Activities/Preliminary Hearing or Grand JuryOBJ: 6 COG: Application

21. This stage of the process is also referred to as the probable cause stage.a. Preliminary hearingb. Initial appearancec. Arraignmentd. Sentencing

ANS: A PTS: 1 DIF: EasyREF: under heading: Preliminary Hearing or Grand Jury OBJ: 6COG: Knowledge

22. The written statement of the essential facts of the offense charged against the accused and issued by a grand jury is known asa. information.b. indictment.c. interdiction.d. accusation.

ANS: B PTS: 1 DIF: EasyREF: under heading: Prosecution and Pretrial Activities/Preliminary Hearing or Grand JuryOBJ: 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 appearanceb. The arraignmentc. The probable cause hearing

d. The preliminary hearing

ANS: B PTS: 1 DIF: Easy REF: under heading: AdjudicationOBJ: 6 COG: Knowledge

24. What is a nolo contendere plea?a. When the accused immediately enters a plea of guiltyb. When the accused enters a plea of guilty but does not accept responsibility for the

crimec. When the accused accepts the penalty ordered by the court without admitting guiltd. When the accused enters a plea of not guilty

ANS: C PTS: 1 DIF: Easy REF: under heading: AdjudicationOBJ: 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. arraignmentb. banc trialc. mistriald. bench trial

ANS: D PTS: 1 DIF: Easy REF: under heading: AdjudicationOBJ: 6 COG: Knowledge

26. __________ circumstances are elements that tend to increase the offenders’ blame.a. Mitigatingb. Aggravatingc. Speciald. Major

ANS: B PTS: 1 DIF: EasyREF: under heading: Sentencing and Sanctions, Generally OBJ: 6COG: Knowledge

27. When a crime has been expunged, it has essentially beena. erased.b. dropped.c. scratched.d. dismissed.

ANS: A PTS: 1 DIF: EasyREF: under heading: Prosecution and Pretrial Activities OBJ: 6COG: Knowledge

28. Which of the following sentence choices requires the offender to pay compensation to the victim?a. finesb. probationc. restitutiond. reconciliation

ANS: C PTS: 1 DIF: Easy

REF: under heading: Sentencing and Sanctions, Generally OBJ: 6COG: 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 asa. parole.b. probation.c. diversion.d. restitution.

ANS: B PTS: 1 DIF: EasyREF: under heading: Sentencing and Sanctions, Generally/Mitigating CircumstancesOBJ: 6 COG: Knowledge

30. Offenders who receive an incarcerative sentence of 1 year or more are housed in a _________.a. jailb. detention facilityc. prisond. halfway house

ANS: C PTS: 1 DIF: EasyREF: under heading: Sentencing and Sanctions, Generally OBJ: 6COG: Knowledge

31. An array of sanctions that fall between probation and incarceration are referred to as _________ sanctions.a. intermediateb. transitionalc. mediumd. variable

ANS: A PTS: 1 DIF: EasyREF: under heading: Sentencing and Sanctions, Generally OBJ: 6COG: 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: MediumREF: 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 asa. 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. Indeterminateb. Determinatec. Absoluted. Restorative

ANS: B PTS: 1 DIF: Easy REF: under heading: CorrectionsOBJ: 6 COG: Knowledge

35. Offenses such as truancy and running away that only apply to juveniles are known asa. delinquency offenses.b. administrative codes.c. status offenses.d. youth ordinances.

ANS: C PTS: 1 DIF: EasyREF: under heading: The Juvenile Justice System OBJ: 6COG: Knowledge

36. Offenders who recidivatea. 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: CorrectionsOBJ: 6 COG: Knowledge

37. Name the model of criminal justice that portrays the criminal justice process as a four-tiered hierarchy.a. consensusb. conflictc. crime controld. wedding cake

ANS: D PTS: 1 DIF: EasyREF: under heading: The Wedding Cake Model of Criminal JusticeOBJ: 7 COG: Knowledge

38. Offenders who commit offenses such as aggravated assault and arson would belong in which layer of the wedding cake model of crime?a. celebrated casesb. serious feloniesc. lesser feloniesd. misdemeanors

ANS: B PTS: 1 DIF: HardREF: under heading: The Wedding Cake Model of Criminal Justice/Layer 2OBJ: 7 COG: Application

39. At which layer of the wedding cake model of crime do most criminal matters occur?a. celebrated casesb. serious feloniesc. lesser feloniesd. misdemeanors

ANS: D PTS: 1 DIF: EasyREF: under heading: The Wedding Cake Model of Criminal Justice/Layer 4OBJ: 7 COG: Knowledge

40. 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?a. celebrated casesb. serious feloniesc. lesser feloniesd. misdemeanors

ANS: A PTS: 1 DIF: HardREF: under heading: The Wedding Cake Model of Criminal JusticeOBJ: 7 COG: Application

41. Questions regarding whether police officers should receive free food from restaurants or free coffee from convenience stores are what kind of dilemmas?a. Legalb. Ethicalc. Falsed. Honesty

ANS: B PTS: 1 DIF: EasyREF: under heading: Ethics and Character: Constant DilemmasOBJ: 8 COG: Knowledge

TRUE/FALSE

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

ANS: F PTS: 1 DIF: MediumREF: under heading: Foundations of Criminal Justice: Legal and Historical Bases/The Criminal LawOBJ: 2 COG: Comprehension

43. 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.

ANS: T PTS: 1 DIF: MediumREF: under heading: The Consensus-Versus-Conflict Debate/Castle DoctrineOBJ: 2 COG: Comprehension

44. Although members of the sovereign citizen movement are linked with financial crimes, they are not considered to be dangerous or violent.

ANS: F PTS: 1 DIF: MediumREF: under heading: The Consensus-Versus-Conflict Debate/Sovereign Citizen MovementOBJ: 1 COG: Comprehension

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

ANS: F PTS: 1 DIF: MediumREF: under heading: The Consensus-Versus-Conflict Debate OBJ: 2COG: Comprehension

46. 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.

ANS: T PTS: 1 DIF: MediumREF: under heading: Crime Control and Due Process: Do Ends Justify Means?OBJ: 4 COG: Comprehension

47. 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.

ANS: T PTS: 1 DIF: MediumREF: under heading: Crime Control and Due Process: Do Ends Justify Means?OBJ: 4 COG: Comprehension

48. Political influence on the criminal justice system almost always has negative consequences.

ANS: F PTS: 1 DIF: MediumREF: under heading: Good Politics, Bad Politics OBJ: 3COG: Comprehension

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

ANS: F PTS: 1 DIF: EasyREF: under heading: Discretion: Making and Applying the LawOBJ: 5 COG: Knowledge

50. Judges exercise discretion in setting or denying bail.

ANS: T PTS: 1 DIF: EasyREF: under heading: Discretion: Making and Applying the LawOBJ: 5 COG: Knowledge

51. If the accused appears to be a good risk to appear at trial and not flee the area, the court may decide to release the accused on recognizance or into the custody of a third party after posting a financial bond.

ANS: T PTS: 1 DIF: MediumREF: under heading: Prosecution and Pretrial Activities OBJ: 5COG: Comprehension

52. 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.

ANS: F PTS: 1 DIF: MediumREF: under heading: Prosecution and Pretrial Activities OBJ: 6COG: Comprehension

53. At the preliminary hearing, the accused is informed of the charges, advised of his/her rights, and asked to enter a plea.

ANS: F PTS: 1 DIF: MediumREF: under heading: Prosecution and Pretrial Activities OBJ: 6COG: Comprehension

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

ANS: F PTS: 1 DIF: HardREF: under heading: Prosecution and Pretrial Activities/Preliminary Hearing or Grand JuryOBJ: 6 COG: Application

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

ANS: T PTS: 1 DIF: Medium REF: under heading: AdjudicationOBJ: 6 COG: Comprehension

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

ANS: T PTS: 1 DIF: Easy REF: under heading: AdjudicationOBJ: 6 COG: Knowledge

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

ANS: F PTS: 1 DIF: EasyREF: under heading: Sentencing and Sanctions, Generally OBJ: 6COG: Knowledge

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

ANS: F PTS: 1 DIF: MediumREF: under heading: Appellate Review OBJ: 6 COG: Comprehension

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

ANS: T PTS: 1 DIF: MediumREF: under heading: Appellate Review OBJ: 6 COG: Comprehension

60. An indeterminate sentence means the parole board determines the fixed amount of time an individual will serve in prison.

ANS: F PTS: 1 DIF: Medium REF: under heading: CorrectionsOBJ: 6 COG: Comprehension

61. 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.

ANS: F PTS: 1 DIF: EasyREF: under heading: The Wedding Cake Model of Criminal JusticeOBJ: 7 COG: Knowledge

SHORT ANSWER

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

ANS:The main difference between the consensus and conflict theorists relates to the ruling group's legitimate actions. The consensus model assumes all parts of the system work toward a common goal, while the conflict model argues that individuals largely act in a self-serving manner in which pressures for success, promotion, and general accountability result in competing interests and essentially, a criminal justice "nonsystem."

PTS: 1 DIF: MediumREF: under heading: The Consensus-Versus-Conflict Debate OBJ: 2COG: Comprehension

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

ANS:

The due process model argues all defendants should be presumed innocent, that the courts' first priority is protecting the constitutional rights of the accused, and that granting too much freedom to law enforcement officials will result in the loss of freedom and civil liberties for all Americans. The crime control model, in contrast, argues that those charged are presumed guilty, and the courts should not hinder enforcement of the laws; rather, legal loopholes should be eliminated and offenders swiftly punished.

PTS: 1 DIF: MediumREF: under heading: Crime Control and Due Process: Do Ends Justify Means?OBJ: 4 COG: Comprehension

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

ANS:

The initial appearance is the accused's first appearance before a judge, who notifies the accused of the charges and determines if there is probable cause to detain the accused. The preliminary hearing is a probable cause hearing, in which the judge determines if there is probable cause to believe the accused committed the crime and, if so, moves the case forward to trial. The arraignment is when the accused is advised of the charges, informed of his/her rights, and asked to enter a plea to the charges.

PTS: 1 DIF: Medium REF: under heading: Prosecution and Pretrial ActivitiesOBJ: 6 COG: Comprehension

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

ANS:

Aggravating factors are elements that tend to increase the offender's blame, such as use of torture; mitigating factors tend to reduce blame, such as youthfulness and lack of prior criminal record.

PTS: 1 DIF: EasyREF: under heading: Sentencing and Sanctions, Generally OBJ: 6COG: Knowledge

66. Explain what happens when an offender requests an appellate review.

ANS:

After sentencing, a defendant may ask for an appellate review of the case, asking a higher court to review the arrest, trial, etc. The appellate court determines if errors at trial (except those considered harmless) did not negatively impact the fairness of the trial processes and the defendant's constitutional rights.

PTS: 1 DIF: Medium REF: under heading: Appellate ReviewOBJ: 6 COG: Comprehension

67. Explain the difference between probation and parole.

ANS:

Probation is a sentence imposed by the court at the time of sentencing that allows a convicted person to remain in the community as long as they abide by certain conditions and restrictions. Parole, however, is the conditional release of a prisoner prior to the completion of his/her full sentence. Parole is granted by the parole board.

PTS: 1 DIF: Hard REF: under heading: CorrectionsOBJ: 6 COG: Application

68. Differentiate between a determinate sentence and an indeterminate sentence.

ANS:

Determinate sentencing is when an offender is serving a fixed number of years in prison. Indeterminate sentencing, however, is when the offender serves a range, such as 5 to 10 years in prison.

PTS: 1 DIF: Medium REF: under heading: CorrectionsOBJ: 6 COG: Comprehension

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

ANS:

The parole board determines an inmate's eligibility for parole, or the person may be released by mandatory release. The parolee is supervised by a parole officer within the community for the rest of his/her unexpired sentence. If the parolee violates the conditions of release, he/she may be returned to prison (parole revocation). If he or she commits a new crime, the parolee is processed by the court for the new crime.

PTS: 1 DIF: Medium REF: under heading: CorrectionsOBJ: 6 COG: Comprehension

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

ANS:

We expect professionals in the field of criminal justice to exhibit the highest ethical character and treat everyone with dignity and respect. Many problems can arise when criminal justice professionals engage in unethical behavior, which can lead to distrust in the criminal justice system.

PTS: 1 DIF: MediumREF: under heading: Ethics and Character: Constant DilemmasOBJ: 8 COG: Comprehension

ESSAY

71. Contrast the original intent of the three-strikes laws in California with the law that was finally enacted, and discuss the consequences of the law.

ANS:The law's original purpose was to mandate a minimum of 25 years in prison for violent offenders convicted of a qualifying felony with two prior qualifying felony convictions. The intent was to control crime rates and incapacitate the worst offenders for a long period of time. The law that actually passed was significantly different in that any third offense could result in a life sentence in prison. So offenders convicted of low-level offenses such as shoplifting, theft, or passing a bad check could conceivably be sentenced to life in prison if it was their third offense. There are a number of negative consequences of the law. First, the law appeared to be disproportionately applied to black defendants. Moreover, prison costs skyrocketed (up to $8.1 billion in prison and jail expenditures in one decade's time).

PTS: 1 DIF: MediumREF: under heading: Foundations of Criminal Justice: Legal and Historical BasesOBJ: 2 COG: Analysis

72. Evaluate how politics impacts the role of the police and courts in the United States.

ANS:Politics impacts all aspects of the criminal justice system. With regard to law enforcement, chiefs of police serve at the pleasure of city councils, while county sheriffs are elected into office. As a result, the potential for political patronage and influence is significant. Police administrators must be mindful of how their agencies' operations are always subject to oversight from city councils or county boards of supervisors, where almost every decision can be considered political. With regard to the courts, judges in many jurisdictions are elected, so it may be necessary to accept campaign contributions or identify with one political party. This can impact a judge's likelihood of serving impartially. As a result, many states are moving to a merit selection plan, where judges are appointed by and serve at the pleasure of the governor.

PTS: 1 DIF: Medium REF: under heading: Politics and Criminal JusticeOBJ: 3 COG: Analysis

73. Explain the two different means by which the probable cause determination is made that the accused committed the crime and whether he/she should be tried.

ANS:The probable cause determination can be made in one of two ways. In many jurisdictions, it is made at the preliminary hearing, when a judge determines if there is probable cause to believe the accused committed the crime and should move forward to trial. If the judge does not find probable cause, the case is dismissed. Another way involves the use of a grand jury. In some jurisdictions, the prosecutor presents evidence to the grand jury, which makes the probable cause determination. If they decide in the affirmative, it submits an indictment to the court.

PTS: 1 DIF: Medium REF: under heading: Prosecution and Pretrial ActivitiesOBJ: 6 COG: Comprehension

74. Explain the criminal justice process from arrest to sentencing and what happens at each phase.

ANS:

The process generally begins with an offender's arrest. The offender must be taken before a judge for an initial appearance "without necessary delay," where the judge advises the accused of the charges and determines if there is probable cause to detain him/her. Defense counsel may be appointed at this time. Next, the court must determine whether there is probable cause to believe the accused committed the crime and whether he/she should be tried. This determination can be made either at a preliminary hearing, where a judge makes the determination of probable cause and, if so, "binds the case over" for trial. If not, the judge dismisses the case. Some jurisdictions employ a grand jury to make the probable cause determination. At the grand jury proceedings, the prosecutor presents the case for the grand jury to decide if there is enough evidence to bring the case to trial. If the grand jury decides in the affirmative, an indictment (written statement of the facts of the case against the accused) is submitted to the court. After an indictment is handed down, the case is scheduled for arraignment. At the arraignment, the accused is formally advised of the charges against him/her as well as his/her rights. The accused is also asked to enter a plea to the charges. If the accused pleads guilty or nolo contendere (no contest, which accepts the penalty without admitting guilt), the judge may accept or reject the plea. If the plea is accepted, there is no trial, and the offender is sentenced either immediately or at a later date. If the accused pleads not guilty or not guilty by reason of insanity, though, a trial date is set. The accused can opt for trial by jury or trial by bench (where the determination of guilt is made by the judge). If the determination is that the defendant is not guilty, he/she is acquitted. However, if the determination is the defendant is guilty, the defendant is convicted and a sentence is imposed, usually at a later date.

PTS: 1 DIF: EasyREF: under heading: The Offender’s Pathway Through the ProcessOBJ: 6 COG: Knowledge

75. Describe the wedding cake model of crime and what happens at each "layer."

ANS:The Wedding Cake Model of Crime divides the proceedings of the criminal justice system into four different categories: celebrated cases, serious felonies, lesser felonies, and misdemeanors. Celebrated cases are at the top layer. They receive a great deal of media attention because the crimes are so unusual or involve well-known people. Although processing of these cases does not differ from other criminal cases, extra care is often taken to ensure the defendants' rights are protected. At the next layer down are serious felonies, which include violent crimes committed by people with lengthy criminal records and who often prey upon strangers. These offenders are less likely to be allowed to enter into a plea agreement before trial. At the third layer down are the lesser felonies. These cases tend to be nonviolent and are typically committed by people who do not have extensive criminal records, and the offender may be acquainted with the victim. Many of these cases will be filtered out of the system via plea agreements prior to trial. Finally, at the lowest layer of the cake are misdemeanors, which comprise about 90% of all criminal matters. These cases are often dealt with less formally and include penalties that involve fines, probation, or short jail sentences.

PTS: 1 DIF: EasyREF: under heading: The Wedding Cake Model of Criminal JusticeOBJ: 7 COG: Knowledge

COMPLETION

76. The original intent of __________ laws was to require violent offenders convicted or a qualifying felony to serve a minimum of 25 years in prison.

ANS: three strikes laws

PTS: 1 DIF: EasyREF: under heading: Foundations of Criminal Justice: Legal and Historical BasesOBJ: 1 COG: Knowledge

77. The __________ determines if formal charges will be filed with the court.

ANS: prosecutor

PTS: 1 DIF: EasyREF: under heading: Discretion: Making and Applying the LawOBJ: 5 COG: Knowledge

78. _________ exercise discretion in deciding whether to search someone.

ANS: Police officers

PTS: 1 DIF: EasyREF: under heading: Discretion: Making and Applying the LawOBJ: 5 COG: Knowledge

79. At the __________, the accused is formally informed of the charges and asked to enter a plea.

ANS: arraignment

PTS: 1 DIF: Easy REF: under heading: AdjudicationOBJ: 6 COG: Knowledge

80. The defendant chooses between two types of trials: either a bench trial or a __________ trial.

ANS: jury

PTS: 1 DIF: Easy REF: under heading: Adjudication/TrialOBJ: 6 COG: Knowledge

81. __________ circumstances are elements that tend to increase the offender’s blame.

ANS: Aggravating

PTS: 1 DIF: EasyREF: under heading: Sentencing and Sanctions, Generally OBJ: 6COG: Knowledge

82. __________ is a sentencing option that allows the offender to remain free in the community with certain conditions and restrictions.

ANS: Probation

PTS: 1 DIF: EasyREF: under heading: Sentencing and Sanctions, Generally OBJ: 6COG: Knowledge

83. Monies paid back to the victim are referred to as __________.

ANS: restitution

PTS: 1 DIF: EasyREF: under heading: Sentencing and Sanctions, Generally OBJ: 6COG: Knowledge

84. The process of conditional release whereby a prisoner is released prior to the completion of their sentence is __________.

ANS: parole

PTS: 1 DIF: Easy REF: under heading: CorrectionsOBJ: 6 COG: Knowledge

85. Running away, curfew violation, and being incorrigible are examples of __________ offenses.

ANS: status

PTS: 1 DIF: Hard REF: under heading: The Juvenile Justice SystemOBJ: 6 COG: Application

86. The return to the criminal justice system due to rearrest, reconviction, or reincarceratin is referred to as __________.

ANS: recidivism

PTS: 1 DIF: Hard REF: under heading: CorrectionsOBJ: 6 COG: Application