ADJ- Quiz #1

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May 24, 2024

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ADJ- Quiz #1 ADJ-1 (4000) Robert Miles Lizeth Silva Riverside City College Chapter 1 1. Every society has values and norms; these values and norms are different society-by society-therefore laws and rules often differ state-by-state. True False 2. Two main purposes of the criminal justice system. Provide justice to society by ensuring that all individuals are treated equally under criminal law. To protect society, a far-reaching objective that involves the fair treatment of crime victims and those who may or may not have committed criminal acts 3. Generally, what is the purpose of the criminal justice system? To protect society's values. 4. The primary purpose of the criminal justice system has many responsibilities, list the seven that we discussed: - Ensure justice. - Protect those who cannot protect themselves. - Prevent violent crime. - Safeguarding society - Apprehending wrongdoers - Determine whether they committed a crime. - Punish those found guilty.
5. The four specific goals of our criminal justice system are: 1. To protect society from potential future crimes. 2. To determine when an offense has been committed and provide the appropriate punishment for that offense. 3. To rehabilitate those offenders who have been punished so that it is safe to return them to the community. 4. To support crime victims and, to the extent possible, return them to their precrime status. 6. Embedded in the four specific goals of our criminal justice system are the essential elements of the corrections system. What are the four specific goals of the corrections system? Incarcerated in jail or prison. Transferred to community-based corrections facilities. Released on probation or parole 7. Two models were presented and discussed in Chapter 1. What are the two models’ society uses to develop laws and rules? How are each defined? Consensus Model (majority) – A society of like-minded people who share similar norms and values determine what behavior constitutes a crime. Conflict Model (minority) – Those within a society that are politically powerful determine what is criminal behavior. They impose their values on the rest of the Community.
8. Societies defines crime as: Considering both the consensus and conflict models, we can construct a definition of crime that will be useful throughout this course. For our purposes, crime is an action or activity that is: 1. Punishable under criminal law, as determined by the majority or, in some instances, by a powerful minority. 2. Considered an offense against society as a whole and prosecuted by public officials, not by victims and their relatives or friends. 3. Punishable by sanctions based on laws that bring about the loss of personal freedom or life. 9. What is “justice” and how do you define it? Justice - People are treated fairly (subjective) - People are equal. - People are free from arbitrary arrests and seizures 10. The criminal justice system is structured, generally, as follows: The criminal justice system is structured, generally, as follows: - Law enforcement - The courts - Corrections 11. How many criminal justice systems are there in the United States? The Courts – two systems Federal and State (52 court systems – one federal, 50 state court systems, and D.C. 12. What are the two criminal justice systems that make up our Nations criminal justice system? The States have their individual systems, and the federal government has theirs. These two systems exist and respect each other through a concept called federalism – a sharing of power.
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13. What is federalism? Federalism – establishes a strong central government that allows state and local governance 14. Law enforcement powers reside with the States. True False 15. There are multiple levels of law enforcement, name the one’s discussed. Levels of law enforcement -Counties (Sheriffs) and municipalities (COP) -State law enforcement – State police – CHP – fire marshals – fish and game – -watercraft wardens – ABC -Federal law enforcement -Corrections – houses convicted offenders/rehabilitates -Probation -Parole -Community-based corrections – halfway houses 16. The Criminal Justice Process consists of three main components, what are they? The Criminal Justice Process -Entry (commit a crime and arrested) - Prosecution - Adjudication 17. What role does discretion play in the criminal justice system? The informal criminal justice process involves the use of discretion. For every step in the formal process, though, someone has discretion, and such discretion leads to an informal process. Even when prosecutors believe that a suspect is guilty, they have the discretion not to prosecute, for example.
18. What role does ethics play in the criminal justice system? Ethics consist of the moral principles that guide a person’s perception of right and wrong. Because ethics defines a person’s perception of right and wrong and since Judges are afforded discretion in their day-to-day decision-making, the discretionary decisions implemented by judges will reflect their ethical values; therefore, ethics maintains a significant role within the criminal justice system’s day-to-day decision-making process. 19. What makes a specific behavior a crime? Action that is punishable Under criminal statutes Brings about a loss of personal freedom Or, in some cases, life 20. What makes a specific behavior a violent crime? Violent crime – Use of physical force to acquire something illegally. Violent crimes are often person, face-to-face type crimes, making the suspect easier to identify (Miller, 2019). 21. What is a property crime? Crimes in which the goal of the offender is some form of economical gain or the damaging of property. 22. What is a public order crime? Behavior that has been labeled criminal because it is contrary to shared social values, customs, and norms. 23. What is a cybercrime? Crimes that take place in the virtual community of the internet.
24. What is white collar crime? White-collar crime – No physical force is used. Often have legal access to material. Not a face-to-face event making identification difficult 25. Chapter 1 defined “terrorism” as: Terrorism - violence to achieve a political goal. 26. Chapter 1 defined “domestic terrorism” as: Domestic Terrorism – violence to achieve ideological goals based on political, religious, racial, or social nature 27. There are three levels of law enforcement, what are they? -Federal level (FBI, DEA, US Secret Service) -State level -Local level 28. The essential elements of the corrections system are: -Incarcerated in jail or prison. -Transferred to community-based corrections facilities. -Released on probation or parole. 29. Explain the difference between the formal and informal criminal justice processes. The formal criminal justice process involves the perfunctory steps that are designed to guide criminal defendants from arrest to possible punishment. The formal system adheres to rigorous guidelines and procedures. The informal criminal justice process involves the use of discretion. For every step in the formal process, though, someone has discretion, and such discretion leads to an informal process. Even when prosecutors believe that a suspect is guilty, they have the discretion not to prosecute, for example.
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Chapter 2 30. Models are useful tools, and they are an excellent way to predict violent behavior. True False 31. Correlation is defined as: The word “correlation” means two variables tend to vary together such as drug use equals criminal activity. 32. Causation is defined as: The word “causation” means one variable is responsible for the change in the other. Or in other words, causation means one event causes another event to occu r. 33. A hypothesis is defined as: Hypothesis – is a proposition that can be tested by researchers or observers usually presented in an “If . . ., then . . .” format 34. The Scientific Method consists of six steps, what are they? Scientific Method -Observation -Hypothesis (If; then format) -Test -Verification -Theory -Prediction
35. Theory is defined as: Theory– is repeated tests of a hypothesis by a variety of different authorities and verified to have the same repeated outcome. Theories are relied on to try and explain criminal behavior. 36. Choice Theories of Crime is defined as: Choice Theories of Crime – people commit crimes because they choose to commit crime /rooted in classical criminology. People weigh the benefit of criminality against the cost of being apprehended. 37. Positivism is defined as: Positivism– criminal behavior is determined by biological, psychological, and social forces/beyond the control of the individual/ lost credibility in the 1970s/increase in social programs did not decrease the crime rate 38. Who is considered the “father of criminology? Cesare Lombroso – Father of criminology/criminals were savages / part and parcel to mental illness/passed on genetically/criminals had no choice but to be criminals/it was predetermined at birth. 39. James Q. Wilson’s rational choice theory says: People choose between committing crime or not committing crime Consequences of crime have rewards and punishments The larger ration of the net reward to the net loss (getting caught) the greater the tendency to commit a crime 40. Thrill offenders are defined as: Thrill offenders –criminals who get high off the rush of committing crimes (Jack Katz)
41. The belief that if punishment is harsh enough people will choose not to commit crimes is associated with which theory? Rational Choice Theory 42. Rational Choice Theory claims two things, what are they? -People commit crimes by weighing the cost-benefit -If perceived benefits outweigh the perceived cost, it is more likely the person will commit the crime 43. Trait theory says: some people are born with biological traits that lend themselves to criminal activity. 44. What is the proposed solution for the trait theory? Treatment and rehabilitation 45. Freud’s Theory for why people engage in criminal behavior has three components, what are they? Define each one. Freud’s Theory: Id – constant desire for pleasure and self-gratification Ego – reason and common sense Superego – learns the expectations of family and society and acts as the conscience 46. What is social psychology? Human behavior that influences one another 47. What is the study of sociology? The study of sociology (The study of the development and functioning of groups of people who live together within a society) and its relationship to criminal behavior was established in the 1900s.
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48. The Social Structure discipline focuses on three things, what are they? Social structure discipline focuses on three things: (1) Social disorganization theory Crime is largely a product of unfavorable conditions in certain communities. (2) Strain theory The assumption that crime is the result of frustration felt by individuals who cannot reach their financial and personal goals through legitimate means. (3) Cultural deviance theory o A branch of social structure theory based on the assumption that members of certain subcultures reject the values of the dominant culture by exhibiting deviant behavior patterns. o They adapt to the subculture to which they belong, and subcultures have their own values and norms. This theory purports that low-income subcultures celebrate criminal behavior. o Deviant behavior is more likely in communities where social institutions such as the family, schools, and the criminal justice system fail to exert control over the Population. 49. Social Conflict Theory is defined as: Social Conflict Theory A theory that views criminal behavior as the result of class conflict) o Unequal structure of society is to blame for criminal behavior o Disparity of income is the culprit o Poor commit crimes out of need, rage and frustration for rewards that are seen as unattainable
50. Social reality of crime (a Social Conflict Theory) is defined as: Social reality of crime (Social Conflict Theory) The theory that criminal laws are designed by those in power to help them keep power at the expense of those who do not have power. 51. Social Process Theory is defined as: Social Process Theory o A theory that considers criminal behavior to be the predictable result of a person’s interaction with the surrounding environment. 52. Social Process Theory has three branches, what are they? o Social Process Theory has three branches: o Learning theory (criminal activity is a learned behavior – Edwin Sutherland) Brown v Entertainment Merchants Association (EMA) o Control theory (social bonds strong individual less likely to commit crime. We care about the opinion of family and peers) o Labeling theory (The hypothesis that society creates crime and criminals by labeling certain behavior and certain people as deviant. 53. Life course criminology focuses on: Factors and importance of early childhood behavior 54. Self-Control Theory is defined as: Self-Control Theory - Low self-esteem - Impulsive - Thrill-seeking - Solve problems with violence
55. What are the three elements of Choice Theories? Choice Theories: o Crime is due to rational choices o Based on rewards o Financial or otherwise 56. Those who believe in the Biological and Psychological Trait Theories believe: Crime is the result of biological and psychological attributes 57. Sociological Theories assess five criteria, what are they? Sociological Theories o Crime is due to social conditions o Poverty o Poor schools o Unemployment o Discrimination 58. Social Conflict Theories assess three criteria, what are they? Social Conflict Theories o Through criminal laws o Dominant members of society control minority members o Using police, courts, and prisons as tools of oppression 59. Social Process Theories assess two criteria, what are they? Social Process Theories o Family, friends, and peers’ greatest impact on an individual’s behavior (family member going to prison) o Interaction with the above groups that determines criminal behavior
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60. Life Course Theories assess two criteria, what are they? Life Course Theories o Criminal and antisocial behavior evident at each stage of a person’s life o Focusing on early childhood, criminologist may better understand and predict offending patterns 61. The Medical Model of addictions is defined as: Medical Model – addicts are not criminals but mentally or physically ill individuals forced into petty crime to support their habit. Solution – treatment and rehabilitation. 62. The Criminal Model of addictions is defined as: Criminal Model – illegal drug abusers and addicts endanger society and should be punished. Solution – jail or prison. 63. How was a chronic offender defined: Chronic Offender (Three strikes law) o Juvenile o Adult o Commits multiple offenses o Career criminal o Out of 10,000 young males, 6 percent (600) were responsible for 71 percent of the murders, 82 percent of the robberies, 69 percent of the aggravate assaults, and 73 percent of the rapes. o Strategies longer sentences
Chapter 3 64. What is the definition of civil law? Civil:All types of crime OTHER than criminal law Disputes between private individuals and corporations Disputes between entities Government provides a forum for resolution or torts (private wrongs) Injured party – Plaintiff Accused party – Defendant Concerned with responsibility Burden of proof (preponderance of the evidence 51%) much easier to prove Monetary damages 65. What is the definition of preponderance of evidence? The degree of proof required in a civil case. 66. What is the definition of criminal law? Criminal:Offenses against society as a whole Violation of statute that prohibits type of activity The State prosecutes Person who allegedly committed crime is referred to as defendant Beyond a reasonable doubt Punishable (fine/incarceration) 67. How is a felony offense defined? Felonies:Punishable by death or by imprisonment Degrees of felonies (Generally): ·Capital offenses (maximum penalty is death) ·First degree felonies (maximum life imprisonment) ·Second degree felonies (maximum of ten years in prison) ·Third degree felonies (maximum of five years in prison)
68. How was a misdemeanors offense defined? Misdemeanors:Punishable by fine or confinement for up to a year 69. How as an Infraction defined? Infractions:Punishable by fine / not considered crimes 70. Define mala in se. Mala in se: An act that would be considered wrong even if there was no law prohibiting it. Go against “natural laws.” Against the natural, moral, and public principles of a society. 71. Define mala prohibita. Mala prohibita: Behavior is a crime only because it has been codified as such through statute. Act considered wrong only because it has been prohibited by society at a given time. 72. There are four systems used to collect data on crime that were discussed, what are they? -The Uniform Crime Reports -The Summary Reporting System -The National Incident-Based Reporting System -Victim Surverys 73. The Uniform Crime Reports system considers four data points, what are they? -People arrested -Number of crimes -Police employed -Volunteer reporting
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74. The Uniform Crime Reports system divides crime into two categories, what are those two categories? Reports two ways: ·Rate and Percentage oRate – 100,000 times crime rate (example 2 percent) means 2000 people. Which means for every 100,000 people, 2000 Part 1 crimes were reported to law enforcement. oPercentage: Compare crime rates between years. 75. What is a Part 1 crime? Crimes Against Person (Part 1 crimes) ·Assault offenses ·Homicide offenses ·Kidnapping / abduction ·Robbery ·Sex offenses, Forcible ·Sex offenses, non-forcible 76. What is a Part 2 crime? Crime Against Property (Part 2 crimes) ·Arson ·Bribery ·Burglary/Breaking and Entering ·Counterfeiting/Forgery ·Destruction/Damage/Vandalism of property ·Embezzlement ·Extortion/Black mail ·Fraud offenses ·Larceny/Theft offenses ·Motor Vehicle theft ·Stolen Property offenses ·Group B offenses – lesser offenses such as disorderly conduct, drunkenness, and non-violent family offenses. ·Crimes against persons ·Crimes against property and Crimes against society
77. List two problems associated with the Uniform Crime Reports system that were discussed. Suffers from underreporting and inconsistency 78. Problems with Summary Reporting System: Problems with Summary Reporting System: ·Lag in reporting ·Hierarchy Rule – only the most serious crime is countered (robbed, raped, and murdered only the murder would count) ·Differences in interpreting Part 1 crimes ·Under reporting/manipulating of crime data 79. The National Incident-Based Reporting System categorizes ____23__ offenses comprised of ____49__specific crimes. 80. The five data sets that are captured are: o Offenses o Victims o Offenders o Arrestees o All incidents of crime not just arrests 81. The National Incident-Based Reporting system is the FBI’s primary crime measuring tool. True False
82. The National Incident-Based Reporting system divides crime into two categories, what are those two categories? Group A offenses and Group B offenses. 83. What is a Group A crime? Group A offenses – most serious crimes that impact the nation and pose the greatest challenges for law enforcement. 84. What is a Group B crime? Group B offenses – lesser offenses such as disorderly conduct, drunkenness, and non-violent family offenses. 85. Victim Surveys accomplish five objectives, what are they? •Ask the victim directly about the crime they were involved in •Measures reported and unreported •Eliminates police bias •Uncovers the dark figure of crime •Must considerer the “dark figure of crime” – that crime that goes unreported 86. Self-Reporting Surveys accomplish two objectives, what are they? ·Helps reveal the dark figure of crime (that actual amount of crime) ·People are asked about their engagement in criminal activity during interviews and questionnaires 87. The Crime Victims’ Rights Act of 2004 provided many rights for the victims of crime but what were the three main rights the Act ensured that were discuss? ·The right to be informed ·The right to be present ·The right to be heard Note: Protection and Restitution are sometimes included
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88. The Risks of Victimization includes five categories, what are they? The Risks of Victimization ·Offender ·Suitable target ·Absence of a capable guardian ·Anyone can be a victim ·Routine is the victim’s huckleberry 89. Mental illness is often cited as a contributing factor for why individuals engage in crime, however data shows that only ____4_____ percent of violent crime is contributed to people with mental illness. 90. Mentally ill individuals are more likely to be victims rather than perpetrators of crime. True False 91. The three factors most often used by criminologists to explain changes in the nation’s crime rate are: (a) Levels of incarceration, because an offender behind bars cannot commit any additional crimes and the threat of imprisonment acts as a deterrent to criminal behavior. (b) the size of the youth population, because those under the age of twenty-four commit the majority of crimes in the United States; and, (c) the health of the economy, because when income and employment levels fall, those most directly affected may turn to crime for financial gain.
Chapter 4 92. Law has multiple functions, four different functions were discussed, what are those four? Law has multiple functions: ·It is a pledge by citizens to do justice to one another (Aristotle) ·It is a means by which to control a society (Plato) ·Civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong (Blackstone) ·Rules that allowed people to predict how a court would resolve a particular dispute (Oliver Wendell Holmes) ·English Common Law 93. What is the definition of “English common law”? Common Law – a body of law developed from custom or judicial decisions not legislated. A national law that applied to all citizens no matter where they lived. Any conflicts were resolved in favor of the English traditions. 94. What is the definition of the “rule of law.” Rule of Law – the principle that the rules of a legal system apply equally to all persons, institutions, and entities – public and private – that make up a society 95. What is the definition of “precedent”? Precedent – a decision that furnished an example or authority for deciding subsequent cases involving similar legal principles or facts. 96. We discussed five written sources of American criminal law, what are those sources? -The U.S. Constitution and the constitutions of the various states -Statutes, passed by Congress and by state legislatures -Local ordinances / applies only to the county -Administrative Law/Regulations -Case law (court decisions)
97. What does the Latin phrase “stare decisis” mean? Stare decisis – judges in a particular jurisdiction are bound to follow precedents of that same jurisdiction. Stare decisis leads to efficiency in the judicial system. 98. Are judges obligated to follow the precedents established within their jurisdiction? Yes No 99. Judges are obligated to follow the precedents established within their jurisdiction. True False 100. Conflicts between State Constitutions and the United States Constitution are. resolved via the __supremacy clause___. 101. The United States Supreme Court is bound by stare decisis. True False 102. S. Supreme Court is not bound by stare decisis. True False 103. How many different criminal codes are there in the United States, generally Speaking? Fifty-two different criminal codes
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104. Ballot initiatives are a way to write or rewrite criminal statutes. True False 105. The Purpose of Criminal Law is: ·Provides a legal foundation for society. ·Maintains and promotes social values. ·Protect and Punish: The Legal Function of the Law ·Maintain order. ·Protects citizens from criminal harm. o Physical safety and property o Protects societies interest collectively. 106. Criminal law maintains and teaches society. True False 107. Criminal law teaches societal boundaries. True False 108. Criminal laws teach what is acceptable and what is not acceptable. True False 109. Admission of guilt alone is enough to establish innocence or guilt. True False
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110. What is the definition of corpus delicti? The body of circumstances that must exist for a criminal act to have occurred. 111. What is the definition of actus reus? The criminal act : Actus Reus (guilty act) 112. What is the definition of mens rea? The mental state : Mens Rea 113. Concurrence is defined as: Concurrence (the guilty act and the guilty intent must occur together) 114. Causation is defined as: Causation (a link between the criminal act and the harm suffered) 115. Attendant circumstances are defined as: Attendant Circumstances (the facts surrounding a criminal event that must be proved to convict the defendant of the underlying crime) 116. Hate crimes are defined as: A criminal act motivated by bias against an individual or a group based on race, ethnicity, religion, gender, sexual orientation, disability, or age. 117. What is an “inchoate offense”? Inchoate offense – conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent.
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118. An alibi defense is defined as: Alibi defense – evidence that the defendant is innocent/defendant not responsible or justified 119. An excuse defense is defined as: Based on a defendant’s admission to have committed the criminal act, but asserting that there is no criminal responsibility for the act due to lack of criminal intent. 120. Infancy is defined as: Infancy – a person who has not reached the legal age of majority 121. Insanity is defined as: A defense for criminal liability that asserts a lack of criminal responsibility due to mental instability. 122. There were three tests that were discussed that are used to determine whether a person was insane at the time they committed the offense. What are those tests? M’Naghten rule– person was not able to distinguish between right and wrong. Most popular test. M’Naghten plus irresistible impulses – person could not control conduct. American Law Institute (ALI/MPC) – Person lacks substantial capacity to appreciate the wrongfulness of his conduct or to control it 123. How often are insanity defenses raised? Raised in 1 percent of felony trials. 124. How often are insanity defenses successful? One out of every four times.
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125. The intoxication excuse defense is defined as: A defense for criminal liability in which defendants claim that the taking of intoxicants rendered them unable to form the requisite intent to commit a criminal act. 126. The mistake defense is a valid defense against criminal behavior. True False 127. Duress is defined as: Duress – wrongful threat of one person induces another person to perform an act that the latter person would otherwise not perform. 128. Anyone who believes they are in danger of harm is justified in using force. True False 129. Deadly force can be used if there is a reasonable belief that imminent death or bodily harm will otherwise result. True False 130. Deadly force can be used to defend a dwelling only if an unlawful entry is violent and the person believes deadly force is necessary to prevent imminent death or great bodily harm. True False
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131. Duty to Retreat says if there is a way out, take it and leave but if one is cornered or “against the wall” and they believe death or great bodily harm is imminent, then the use of force can be justified. True False 132. Entrapment defense is defined as: Entrapment defense – a justification defense when a police officer or government agent deceives a defendant into wrongdoing. 133. Law enforcement can use subterfuge, but they cannot persuade an innocent person to commit a crime, nor can they coerce. True False 134. The Fourth Amendment guarantees two rights, what are they? -Protection from unreasonable search and seizures -No warrants or search warrants without probable cause 135. The Fifth Amendment guarantees three rights, what are they? Due process of law -Prohibition against double jeopardy -No individual can be a witness against themselves. 136. The Sixth Amendment guarantees five rights, what are they? Speed trial ·Trial by jury ·A public trial ·Right to confront witnesses ·The right to a lawyer during various stages of the criminal proceedings
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137. Procedural due process is defined as: -Law carried out according to a method. -Law carried out fairly. 138. Substantive Due Process is defined as: -Laws must be fair. -Laws must be reasonable. -Further a legitimate governmental objective
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