SOCL 3371 Final

The model of government which supports the belief that economic inequality and social class distinctions should be eliminated is:

Democratic socialism

In utilitarian justice, an action is considered just if:

The benefits are greater than the costs

The common theme of ideological justice is:

The ideology to which one subscribes defines one’s perception of justice

In relation to witnesses, it is the job of the criminal justice professional to:

Figure out how to resolve the accounts in a way that represents the truth

Rawls might argue that indigent defendants in felony cases shouldbe provided with legal representation, even if they cannot afford it. Rawls would reach this conclusion based on:

Principles based on original position and the veil of ignorance

John Rawls argued:

All persons should have equal access to the same basic rights and liberties

When using cost-benefit analysis to arrive at an answer, what is the second step?

To identify the benefits of an action, and then to add up their value

The civil justice process is only initiated when a person who has been harmed makes the decision to file a lawsuit in a civil court. This is an example of which characteristic of civil justice?

The civil justice process is initiated by individuals

The goal of checks and balances is:

That only the best policies will ultimately pass muster

One benefit of federalism is that:

It allows jurisdictions, within the bounds of state and federal law, of course, to shape their own responses to their own problems

Why is policy restraint used?

The steps that are required to change policy are so difficult

The police investigate crimes and, based upon probable cause, arrest persons believed to have committed crimes. This is an example of which characteristic of the criminal justice system?

The agents responsible for initiating the criminal justice process are government employees

All crimes are technically considered crimes against the state, or government. This is an example of which characteristic of the criminal justice system?

Criminal justice processes are initiated by the state against the accused

There is generally no statute of limitations for murder and other very serious crimes. This is an example of which characteristic of the criminal justice system?

Because crimes are viewed as acts against society as a whole, there are few time limits placed on when charges may be filed

This is provided for in the Fourth Amendment and specifies that warrants must be supported by probable cause, specify where a search is to take place, and describe with particularity who or what is to be seized.

Warrants clause

Take as an example, someone lies down across the state border between Iowa and Nebraska so that he is simultaneously in both states. If he were shot to death at that moment, could both Iowa and Nebraska place the shooter on trial for murder?

Yes, it would not violate the double jeopardy clause because each state could prosecute.

There are three important procedural justice rights contained in the Fifth Amendment. They include:

The right to be free from double jeopardy; The privilege against self-incrimination; The right to indictment by grand jury

Which type of charging document is filed by prosecutors?

Informations

A person’s perception of whether a decision-making process was fair depends on several attributes. One attribute is whether the authorities were seen as benevolent and caring. This is known as:

Trustworthiness

There are problems with the participation model. An example of a problem is:

The need for accuracy must play a more prominent role than it does in participation model

Not all parties can participate equally

Racial, ethnic, gender, or sexuality stereotypes and prejudices can affect decisions made by judges and jurors

This must be the result of either a voluntary act or a qualifying omission.

Actus reus* (p. 276)

The Supreme Court struck down a local ordinance that prohibited the ritual killing of animals, because it infringed upon the religious beliefs of a group that practices animal sacrifice. This is an example of:

Free Exercise Clause

One cannot be convicted of any type of homicide unless one's act caused the death of another human being. This describes:

Result

This is the earliest known set of laws, in which punishments were remarkably humane. This is the:

Code of Ur-Namma

By the time of the Emperor Justinian, a clearer division between civil wrongs and true crimes had evolved. Most crimes were punishable by:

Mutilation

In comparison to other ancient legal codes, the punishments in the Code of Ur-Namma:

Used monetary fines as the predominant form of punishment; Were remarkably humane; Punished the most serious crimes with death

This man codified the first set of Greek laws in an era when Greece was an oligarchy.

Draco

Largely due to the works of ______________, natural law became viewed as the will of God.

St. Augustine and St. Thomas Aquinas

When a law enforcement agent persuades a citizen to commit a crime they would not have otherwise committed”:

Entrapment

The Greeks saw obedience to the law as:

As rational behavior necessary for the orderly control of the universe

This is one of the ultimate powers held by the government in any society:

Punishment

Bail may be set high if:

The accused does not live or work in the area; The accused does not have immediate family or close friends in the jurisdiction; The accused does not have community ties

This prevents police officers and judges from guessing or making up the meaning of law:

Void for vagueness

Sykes reported that prison inmates suffer five deprivations by virtue of being behind bars. These include:

Deprivation of individual autonomy; Deprivation of goods and services that would be available in the outside world; Deprivation of heterosexual relationships

Behaviorists, such as Skinner and Watson, believed:

Punishments and rewards are needed to deter crime

This is based on the idea that crime causes pain to the victim, so the only way for the criminal to repent and learn his or her lesson is through experiencing his or her own pain.

Expiation

For similar offenses, one judge may offer probation to the offender, whereas another judge may impose the maximum penalty allowed by law. This demonstrates:

Punishment is not always proportional

A parent grounding a child for not cleaning his room qualifies as:

Punishment

The type of offense committed, the circumstances surrounding the offense, and the behavior of the accused are all factors which:

Judges may consider when determining bail

There is a class of crimes called strict liability offenses, which:

Punish certain acts even if mens rea is lacking

This Era is designed to aid law enforcement, improve the quality of life of its citizenry and promote citizen satisfaction.

The Community Era

Aspects of organizational culture include an agency’s:

Language; Norms; Values

During the Political Era, police were often selected and assigned to their patrol detail based upon:

Their ethnicity; Their political affiliation; Their personal contacts

During this Era, early policing in the United States was characterized by political undertones, bordering on all-out corruption.

The Political Era

This style policing is based on the use of discretion to determine the most appropriate response to a situation.

The Service Style

The police role in society is shaped by three key concepts:

Order maintenance, legitimate use of force and exercise of discretion.

The primary goal of this Era was to remove the political element from policing.

The Professional Era

What were some problems with the police system in the Political Era?

Early police officers often lacked professionalism; The police were sometimes used as pawns in larger political disputes; Early police forces were controlled by local politicians

Peel believed:

Police-public interactions are important; Officers should be carefully selected; Officers should be well trained

The duties of the state police are similar to local law enforcement, except:

State police officers have greater jurisdictional freedom

In an appeal, some minor legal errors were made that were unlikely to have affected the overall outcome of the case. This is called what, and what usually happens?

Harmless error and do not result in the reversal of a conviction

Criminal offenses are broadly classified into two categories:

Felonies and misdemeanors

The responses of sworn witnesses to the questions posed to them by attorneys or the judge are what type of evidence?

Testimony

This view suggests that judges apply the relevant law to the relevant facts and arrive at a decision.

Legal formalism

This means that the defendant does not have to prove his or her innocence. Rather, the prosecutor bears the burden of proof to overcome or rebut the presumption of innocence by introducing sufficient evidence to prove the defendant guilty beyond a reasonable doubt

Presumption of innocence

These people may exercise a great deal of discretion when making decisions like who to charge with which crimes, and whether to agree to a plea bargain or take a case to trial. They have the power to determine who will appear in court and on what charges. Because of this discretionary ability they are the most powerful of the primary court actors. Who are they?

Prosecutors

The five primary roles, as explained by Walsh and Hemmens, of a defense attorney include:

To make sure the defendants know all of their options before they make a decision; To ensure that the defendants’ rights are not violated; To investigate and prepare the defense

Federal judges generally remain federal judges until they die or retire. This is known as:

Life tenure

This approach focuses on the experiences of racial and ethnic minorities with the legal system.

Critical race theory

Appellate courts are concerned with:

The interpretation and application of laws