Midterm CJ

Chapter 1 - Crime and Criminal Justice

1. What is social control, and how does the government enforce it?

   • Social control refers to mechanisms that regulate individual and group behavior to ensure conformity. The government enforces it through laws, law enforcement agencies, and the criminal justice system.

2. Why is the criminal justice system considered a system?

   • It consists of interconnected agencies (police, courts, corrections) that work together to enforce laws, adjudicate crimes, and impose penalties.

3. What are the goals of the criminal justice system, and how can they conflict?

   • Goals include deterrence, rehabilitation, incapacitation, and retribution. They can conflict when, for example, rehabilitation efforts contradict strict punishment policies.

4. Why do not all cases move through each stage of the criminal justice system?

   • Cases may be dismissed due to lack of evidence, plea bargaining, or diversion programs that provide alternatives to prosecution.

5. What is required for a crime to occur?

   • A criminal act (actus reus), criminal intent (mens rea), and concurrence of the two.

Chapter 2 - How Crime is Measured and Who it Affects

6. Name and briefly describe the four crime measurement tools.

   • Uniform Crime Report (UCR) – FBI-collected data on reported crimes.

   • National Incident-Based Reporting System (NIBRS) – Expanded UCR with more detailed crime reports.

   • National Crime Victimization Survey (NCVS) – Survey-based crime data from victims.

   • Self-Report Surveys – Anonymous surveys where individuals report their own criminal behavior.

7. Why is it important to have multiple crime measurement tools?

   • Different methods capture different aspects of crime, compensating for limitations in any single tool.

8. What are some limitations of crime measurement tools?

   • UCR underreports crimes, NCVS relies on memory and honesty, and self-report surveys may be biased or exaggerated.

9. What are some reasons why offenses go unreported?

   • Fear of retaliation, lack of trust in law enforcement, belief that the crime is minor, or social stigma.

10. What is the “dark figure of crime,” and why is it significant?

• It refers to crimes that go unreported and are not reflected in official statistics, leading to an incomplete understanding of crime.

Chapter 3 - Criminal Law

11. Where did early criminal codes originate, and how far back do they date?

• They originated with the Code of Hammurabi (Babylon, ~1754 BCE) and later influenced by Roman law and English common law.

12. Why are some acts considered crimes while others are not?

• Societal norms, legal traditions, and moral values influence what is classified as a crime.

13. What is the importance of legal precedent in criminal law?

• Precedent ensures consistency by using past court decisions to guide future legal rulings.

14. What are the primary sources of law in the U.S. legal system?

• The Constitution, statutory law, case law, administrative law, and common law.

15. Explain the difference between substantive and procedural law.

• Substantive law defines crimes and punishments, while procedural law dictates how legal proceedings must be conducted.

Chapter 4 - History & Organization of Law Enforcement

16. What three features of English policing influenced U.S. policing?

• Local control, limited authority, and fragmented organization.

17. How did the origins of policing in the U.S. lead to contradictions in law enforcement?

• Early policing was used to control marginalized groups (e.g., slave patrols), creating a legacy of mistrust in some communities.

18. What is the broken-windows theory, and what are some criticisms of it?

• It suggests that maintaining urban order (fixing broken windows, preventing minor crimes) reduces serious crime. Critics argue it leads to over-policing and racial profiling.

19. Why do law enforcement agencies sometimes struggle to work well together?

• Jurisdictional conflicts, lack of communication, and differing priorities between local, state, and federal agencies.

20. How did the 9/11 attacks change policing and security in the U.S.?

• Led to the creation of the Department of Homeland Security, increased surveillance, and counterterrorism initiatives.

Chapter 4 - History & Organization of Law Enforcement

1. Where does our policing structure historically come from?

   • The U.S. policing system originates from England, adopting decentralized policing, preventive policing, and community policing.

2. What are the concerns of the broken-windows theory?

   • Lack of proven causation between disorder and serious crime.

   • Over-policing of minor infractions, especially in marginalized communities.

   • Racial and class bias in enforcement.

   • Misallocation of resources that could be used to address serious crimes.

   • Erosion of community trust in law enforcement.

3. What are the differences between different styles of policing?

   • Watchman style – Focuses on maintaining order rather than strict law enforcement.

   • Legalistic style – Strict enforcement of laws, emphasizing arrests and citations.

   • Service style – Community-oriented, prioritizing public service and crime prevention.

4. What three features of English policing influenced the U.S.?

   • Decentralized policing – Localized law enforcement instead of a national force.

   • Preventive policing – Focus on stopping crime before it happens.

   • Community policing – Officers working closely with communities to maintain order.

5. Do all law enforcement agencies work well together?

   • No, due to:

     • Differences in agency culture, procedures, and priorities.

     • Jurisdictional conflicts between local, state, and federal levels.

     • Lack of effective communication and resource-sharing.

6. Why are the origins of policing considered "complicated"?

   • Policing developed through both democratic ideals and oppressive systems, such as community-based watch systems and slave patrols, creating a contradictory foundation.

7. What are the key origins of modern policing?

   • Early English policing – Sheriffs, constables, and watchmen maintained local order.

   • Slave patrols in the U.S. – Enforced slavery and suppressed revolts in the South.

   • Metropolitan Police Act (1829) – Established the first formal police force in London.

   • Colonial American policing – Started with night watch systems before transitioning to formal police departments.

8. What defines police professionalism?

   • Training – Continuous education in law, ethics, and policing tactics.

   • Ethics & accountability – Transparency in law enforcement actions.

   • Community engagement – Building trust and cooperation with the public.

   • Adaptability – Using modern strategies and technology to address crime.

9. What were the impacts of 9/11 on policing and security?

   • Increased counterterrorism focus – Specialized units to prevent terrorism.

   • Enhanced intelligence sharing – Greater cooperation between agencies.

   • Expanded surveillance and technology – More advanced monitoring systems.

   • New legislation (e.g., USA PATRIOT Act) – Expanded law enforcement powers.

   • Global impact – Strengthened international counterterrorism efforts.

Chapter 5 - Police Organization, Operation, and the Law

1. What are the levels of law enforcement?

   • Federal, state, and local.

2. What are Wilson’s three styles of policing?

   • Watchman style, legalistic style, and service style.

3. What is community policing?

   • A strategy that emphasizes building relationships between law enforcement and the community to enhance public safety and trust.

4. What is problem-oriented policing (POP)?

   • A proactive strategy that focuses on identifying and analyzing crime problems to develop effective response strategies.

5. What is the Broken Windows Theory?

   • The idea that addressing minor signs of disorder (e.g., graffiti, vandalism) helps prevent more serious crimes.

6. How are police departments structured?

   • Typically hierarchical, with ranks such as Chief of Police, Deputy Chief, and specialized units.

7. How are police similar and different from the military?

   • Both have hierarchy, discipline, and training, but police focus on law enforcement within communities, while the military handles national defense and combat operations.

8. What role does discretion play in policing?

   • Officers use discretion to decide how to enforce laws, which can help manage resources but may also lead to concerns about bias.

9. What is selective enforcement?

   • The practice of enforcing some laws more strictly than others, which can reduce system strain but raise concerns about fairness.

10. What is the significance of the 4th Amendment in policing?

• It protects against unreasonable searches and seizures, requiring probable cause for most searches.

Chapter 6 - Policing Innovations and Controversies

11. What is police militarization?

• The use of military-style equipment, tactics, and weapons by law enforcement agencies.

12. What are negative life experiences faced by police officers?

• Stress, family strain, alcohol abuse, and increased risk of suicide.

13. Why do some officers turn to alcohol?

• Due to stress, criticism, and pressures from police subculture.

14. When is police use of force justified?

• When it is objectively reasonable, proportional to the threat, and there are no feasible alternatives.

15. What is the problem with defining "lawful use of force"?

• It can be subjective, varies by jurisdiction, and depends on interpretation.

16. Why is excessive use of force bad?

• It erodes public trust and damages community relations.

17. What are the consequences of excessive force?

• Legal action, loss of public confidence, and potential harm to individuals.

18. What is the role of SWAT teams?

• They handle high-risk situations like hostage rescues and counterterrorism operations.

19. What is the "Policeman’s Working Personality"?

• A mindset shaped by constant exposure to danger, authority, and suspicion.

20. What is double marginality in policing?

• The experience of minority officers being viewed as outsiders both by fellow officers and the community.

Chapter 7 - The Courts

21. How did the English court system influence the U.S. court structure?

• The U.S. adopted common law traditions, an adversarial system, and the use of precedent from English courts.

22. What is jurisdiction?

• The authority of a court to hear and decide a case.

23. What are the different types of jurisdiction?

• Original, appellate, general, and limited jurisdiction.

24. What is the difference between federal and state courts?

• Federal courts handle cases involving federal law, while state courts deal with state laws.

25. What are the main levels of the federal court system?

• District courts, courts of appeals, and the Supreme Court.

26. What are problem-solving courts?

• Specialized courts that focus on specific issues like drug offenses and mental health cases.

27. What types of cases do district courts handle?

• Criminal and civil cases at the trial level.

28. What is the role of appellate courts?

• To review lower court decisions for legal errors.

29. What is the significance of the Supreme Court?

• It is the highest court in the U.S. and has the final say on constitutional issues.

30. What is the purpose of drug courts?

• To offer rehabilitation-focused alternatives to incarceration for drug offenders.

Chapter 1 - Introduction to Criminal Justice

1. The criminal justice system consists of law enforcement, courts, and corrections. (True)

2. The due process model emphasizes the efficiency of the criminal justice system over individual rights. (False)

3. The crime control model prioritizes the swift and harsh punishment of offenders. (True)

4. Mala in se crimes are considered inherently wrong, such as murder and theft. (True)

5. Mala prohibita crimes are always considered morally wrong, regardless of time and place. (False)

6. Felonies are more serious offenses than misdemeanors. (True)

7. The Uniform Crime Report (UCR) and the National Crime Victimization Survey (NCVS) are the two primary crime data sources in the U.S. (True)

8. The UCR collects data on all crimes, including unreported ones. (False)

9. Victimology is the study of why people commit crimes. (False)

10. The dark figure of crime refers to crimes that are not reported to the police. (True)

Chapter 2 - Theories of Crime

11. Classical criminology suggests that people commit crimes based on free will and rational choice. (True)

12. Positivist criminology rejects the idea of free will and focuses on biological, psychological, and social factors influencing crime. (True)

13. According to strain theory, people turn to crime when they experience a disconnect between societal goals and their means to achieve them. (True)

14. Social disorganization theory states that crime is highest in stable, well-structured communities. (False)

15. Labeling theory suggests that being labeled as a criminal can lead an individual to continue committing crimes. (True)

16. Routine activities theory claims that crime occurs when a motivated offender, a suitable target, and a lack of guardianship converge. (True)

17. Biological theories of crime argue that criminal behavior is solely influenced by genetics, with no environmental factors involved. (False)

18. Conflict theory suggests that crime is a result of class struggles and power disparities in society. (True)

19. Social learning theory states that people learn criminal behavior from those around them. (True)

20. Rational choice theory argues that criminals act impulsively, without weighing the risks and rewards of their actions. (False)

Chapter 3 - Criminal Law

21. Substantive law defines what acts are considered crimes and their punishments. (True)

22. Procedural law governs how laws are enforced and protects the rights of individuals in the criminal justice process. (True)

23. Common law is a system of law based on statutes alone, with no influence from past judicial decisions. (False)

24. Mens rea refers to the guilty mind or intent required to commit a crime. (True)

25. Actus reus refers to the physical act of committing a crime. (True)

26. Strict liability offenses require proof of intent to convict an offender. (False)

27. The insanity defense is used successfully in the majority of criminal cases. (False)

28. The exclusionary rule prohibits the use of illegally obtained evidence in court. (True)

29. The concept of double jeopardy means that a person cannot be tried twice for the same offense after an acquittal or conviction. (True)

30. Self-defense is considered an excuse defense rather than a justification defense. (False)

Chapter 4 - Criminal Justice and the Constitution

31. The Bill of Rights provides protections for individuals against government actions. (True)

32. The Fourth Amendment protects individuals from unreasonable searches and seizures. (True)

33. Probable cause is required for police to conduct a stop-and-frisk search. (False – only reasonable suspicion is needed.)

34. The Miranda rights inform suspects of their Fifth and Sixth Amendment protections. (True)

35. The Sixth Amendment guarantees the right to a speedy and public trial. (True)

36. The Eighth Amendment prohibits cruel and unusual punishment. (True)

37. Double jeopardy applies even if new evidence is found after an acquittal. (True)

38. The exclusionary rule was established by the Supreme Court case Mapp v. Ohio. (True)

39. The "fruit of the poisonous tree" doctrine allows evidence obtained through illegal means to be used in court. (False)

40. Due process applies only to criminal cases, not civil cases. (False)

Chapter 5 - Police Organization, Operation, and the Law

1. Federal law enforcement agencies operate under state authority. (False)

2. James Q. Wilson identified three styles of policing: watchman, legalistic, and service. (True)

3. Community policing focuses solely on enforcing laws without community involvement. (False)

4. Problem-oriented policing (POP) is a reactive strategy that only responds to crimes after they occur. (False)

5. The Broken Windows Theory suggests that maintaining order by addressing minor issues can help prevent more serious crimes. (True)

6. Police departments generally have a hierarchical structure with a Chief of Police at the top. (True)

7. The military and police share similarities in hierarchy, discipline, and training. (True)

8. Police discretion allows officers to use their judgment in enforcing laws. (True)

9. Selective enforcement can sometimes lead to accusations of bias. (True)

10. The 4th Amendment protects individuals from unreasonable searches and seizures. (True)

Chapter 6 - Policing Innovations and Controversies

11. Police militarization refers to the increasing use of military-style tactics and equipment by law enforcement. (True)

12. Police officers do not experience job-related stress or mental health challenges. (False)

13. A major reason some officers turn to alcohol is the high levels of stress associated with the job. (True)

14. Police use of force is always justified, regardless of circumstances. (False)

15. Excessive use of force can damage public trust in law enforcement. (True)

16. SWAT teams are deployed for high-risk operations such as hostage rescues and counterterrorism. (True)

17. The Policeman’s Working Personality includes traits like suspicion, authority, and danger awareness. (True)

18. Double marginality refers to the unique challenges faced by minority officers within law enforcement. (True)

19. All law enforcement agencies have the same policies regarding the use of force. (False)

20. Body cameras and surveillance technologies are used to increase police transparency and accountability. (True)

Chapter 7 - The Courts

21. The U.S. court system was influenced by the English common law system. (True)

22. Jurisdiction refers to a court’s authority to hear and decide cases. (True)

23. Federal courts handle state law violations. (False)

24. The Supreme Court is the highest court in the United States. (True)

25. Problem-solving courts, such as drug courts, aim to rehabilitate offenders rather than impose strict punishments. (True)

26. District courts are responsible for hearing appeals from the Supreme Court. (False)

27. Appellate courts review lower court decisions to determine if legal errors occurred. (True)

28. Federal and state courts have the same jurisdiction and handle identical cases. (False)

29. Traffic courts are an example of problem-solving courts. (True)

30. The main function of the Supreme Court is to enforce state laws. (False)