Test Bank for Introduction to Criminal Justice Practice and Process 5e Kenneth Peak, Tamara
Herold | All Chapters 1-16 | MCQs, True False, Essay Questions with Answers
, Chapter 1 Test Bank
Multiple Choice Questions
1. Which of the following is a criticism of the three strikes law?
A. It was infrequently used.
B. It only applied to serious felonies.
C. It was disproportionately used against marginalized groups.
D. It was rejected by judges.
Correct Answer: C. It was disproportionately used against marginalized groups.
2. Which statement is true of "three strikes" laws?
A. A person with three qualifying convictions (misdemeanors or felonies) is sentenced to a minimum of 25 years in prison.
B. A person with three qualifying felonies is sentenced to 25 years to life in prison.
C. A person with three qualifying felonies is no longer eligible for probation supervision.
D. A person with three qualifying convictions (misdemeanors or felonies) is no longer eligible for probation supervision.
Correct Answer: B. A person with three qualifying felonies is sentenced to 25 years to life in prison.
3. Which of the following statements illustrates the assumptions of the conflict theory of justice?
ec k
n
A. Members of a society share common values and beliefs.
rS n
tio
B. Laws are created as a result of agreement among members of a society.
to Ba
C. Citizens share wide agreement on what behaviors can be considered "good" and "bad."
D. Laws are created to protect the dominant position of the powerful groups.
Correct Answer: D. Laws are created to protect the dominant position of the powerful groups.
4. Which of the following models of the criminal justice process focuses on deterring crime through swift
Tu st
punishment and puts less emphasis on the rights of the person accused?
A. due process
Te
B. crime control
C. conflict
D. consensus
Correct Answer: B. crime control
5. 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
person 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.
Correct Answer: B. Criminal defendants are presumed innocent, and the courts' first priority is protecting the
constitutional rights of the person accused.
6. What is the main focus of the due process model of criminal justice?
A. fairness
B. crime control
C. conflict
Chapter 1 - Page 1
, D. deterrence
Correct Answer: A. fairness
7. 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
person 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.
Correct Answer: A. Criminal defendants are presumed guilty, and the courts should not stand in the way of
effective enforcement of the laws.
8. Who of the following makes the discretionary decision as to whether to stop, search, or arrest?
A. prosecutor
B. police officer
C. judge
D. defense lawyer
Correct Answer: B. police officer
ec k
n
9. What type of discretion do judges exercise?
rS n
tio
A. deciding whether to stop, search, or arrest an individual
to Ba
B. filing formal charges
C. setting bail, denying bail, and imposing sentences
D. disciplines incarcerated persons for violations committed in prison
Correct Answer: C. setting bail, denying bail, and imposing sentences
Tu st
10. After the criminal justice flow and process begins, the person suspected of committing the crime must be
arrested. What is the next formal step in the criminal justice process after arrest?
Te
A. sentencing
B. adjudication
C. corrections
D. prosecution
Correct Answer: D. prosecution
11. The prosecutor's discretion involves whether or not to ______.
A. read the person accused their Miranda rights
B. set bail
C. sentence the person convicted
D. file formal charges
Correct Answer: D. file formal charges
12. 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 person 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.
Correct Answer: D. If the grand jury finds sufficient evidence, it submits an indictment to the court.
Chapter 1 - Page 2
, 13. If an accused person is considered not to be a flight risk, they may be released without having to provide bail.
What is this called?
A. released without reservation
B. released on recognizance
C. released without bail
D. released without bond
Correct Answer: B. released on recognizance
14. In a preliminary hearing, a judge must determine whether or not there is probable cause to believe that the
person accused committed a crime and should be tried. What is another way that probable cause may be
determined prior to a trial?
A. through an appellate decision
B. through prosecutorial discretion
C. through a bench trial
D. through a grand jury
Correct Answer: D. through a grand jury
15. Which of the following is likely to occur at an initial appearance?
A. The judge will inform the person accused of the charges.
ec k
n
B. The grand jury will determine if there is probable cause to believe the person accused committed a crime.
rS n
C. The person accused will enter a plea.
tio
D. The judge will determine an appropriate sentence.
to Ba
Correct Answer: A. The judge will inform the person accused of the charges.
16. Which of the following would be an example of an aggravating circumstance?
A. The person accused was 14 years old at the time the crime was committed.
Tu st
B. The person accused tortured the victim.
C. The person accused did not have a criminal record.
Te
D. The person accused was caught in the act.
Correct Answer: B. The person accused tortured the victim.
17. Which of the following statements is true of the appellate process?
A. The person accused is given a new trial in front of the appellate court.
B. The person 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 person
accused's constitutional rights.
Correct Answer: D. The appellate court determines whether errors at trial adversely affected the fairness of the
trial process or the person accused's constitutional rights.
18. What happens when an individual is convicted and sentenced to death?
A. Their sentence is automatically converted to "life in prison without the possibility of parole."
B. Their case is automatically appealed.
C. They are immediately given a date and time for their execution.
D. They are refused the opportunity to appeal their case.
Correct Answer: B. Their case is automatically appealed.
19. Aaron Hernandez was a former NFL player who was convicted of murdering a former friend. His case would
be considered a "celebrated case" in the wedding cake model. If a person who was not a public figure carried out
Chapter 1 - Page 3
Herold | All Chapters 1-16 | MCQs, True False, Essay Questions with Answers
, Chapter 1 Test Bank
Multiple Choice Questions
1. Which of the following is a criticism of the three strikes law?
A. It was infrequently used.
B. It only applied to serious felonies.
C. It was disproportionately used against marginalized groups.
D. It was rejected by judges.
Correct Answer: C. It was disproportionately used against marginalized groups.
2. Which statement is true of "three strikes" laws?
A. A person with three qualifying convictions (misdemeanors or felonies) is sentenced to a minimum of 25 years in prison.
B. A person with three qualifying felonies is sentenced to 25 years to life in prison.
C. A person with three qualifying felonies is no longer eligible for probation supervision.
D. A person with three qualifying convictions (misdemeanors or felonies) is no longer eligible for probation supervision.
Correct Answer: B. A person with three qualifying felonies is sentenced to 25 years to life in prison.
3. Which of the following statements illustrates the assumptions of the conflict theory of justice?
ec k
n
A. Members of a society share common values and beliefs.
rS n
tio
B. Laws are created as a result of agreement among members of a society.
to Ba
C. Citizens share wide agreement on what behaviors can be considered "good" and "bad."
D. Laws are created to protect the dominant position of the powerful groups.
Correct Answer: D. Laws are created to protect the dominant position of the powerful groups.
4. Which of the following models of the criminal justice process focuses on deterring crime through swift
Tu st
punishment and puts less emphasis on the rights of the person accused?
A. due process
Te
B. crime control
C. conflict
D. consensus
Correct Answer: B. crime control
5. 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
person 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.
Correct Answer: B. Criminal defendants are presumed innocent, and the courts' first priority is protecting the
constitutional rights of the person accused.
6. What is the main focus of the due process model of criminal justice?
A. fairness
B. crime control
C. conflict
Chapter 1 - Page 1
, D. deterrence
Correct Answer: A. fairness
7. 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
person 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.
Correct Answer: A. Criminal defendants are presumed guilty, and the courts should not stand in the way of
effective enforcement of the laws.
8. Who of the following makes the discretionary decision as to whether to stop, search, or arrest?
A. prosecutor
B. police officer
C. judge
D. defense lawyer
Correct Answer: B. police officer
ec k
n
9. What type of discretion do judges exercise?
rS n
tio
A. deciding whether to stop, search, or arrest an individual
to Ba
B. filing formal charges
C. setting bail, denying bail, and imposing sentences
D. disciplines incarcerated persons for violations committed in prison
Correct Answer: C. setting bail, denying bail, and imposing sentences
Tu st
10. After the criminal justice flow and process begins, the person suspected of committing the crime must be
arrested. What is the next formal step in the criminal justice process after arrest?
Te
A. sentencing
B. adjudication
C. corrections
D. prosecution
Correct Answer: D. prosecution
11. The prosecutor's discretion involves whether or not to ______.
A. read the person accused their Miranda rights
B. set bail
C. sentence the person convicted
D. file formal charges
Correct Answer: D. file formal charges
12. 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 person 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.
Correct Answer: D. If the grand jury finds sufficient evidence, it submits an indictment to the court.
Chapter 1 - Page 2
, 13. If an accused person is considered not to be a flight risk, they may be released without having to provide bail.
What is this called?
A. released without reservation
B. released on recognizance
C. released without bail
D. released without bond
Correct Answer: B. released on recognizance
14. In a preliminary hearing, a judge must determine whether or not there is probable cause to believe that the
person accused committed a crime and should be tried. What is another way that probable cause may be
determined prior to a trial?
A. through an appellate decision
B. through prosecutorial discretion
C. through a bench trial
D. through a grand jury
Correct Answer: D. through a grand jury
15. Which of the following is likely to occur at an initial appearance?
A. The judge will inform the person accused of the charges.
ec k
n
B. The grand jury will determine if there is probable cause to believe the person accused committed a crime.
rS n
C. The person accused will enter a plea.
tio
D. The judge will determine an appropriate sentence.
to Ba
Correct Answer: A. The judge will inform the person accused of the charges.
16. Which of the following would be an example of an aggravating circumstance?
A. The person accused was 14 years old at the time the crime was committed.
Tu st
B. The person accused tortured the victim.
C. The person accused did not have a criminal record.
Te
D. The person accused was caught in the act.
Correct Answer: B. The person accused tortured the victim.
17. Which of the following statements is true of the appellate process?
A. The person accused is given a new trial in front of the appellate court.
B. The person 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 person
accused's constitutional rights.
Correct Answer: D. The appellate court determines whether errors at trial adversely affected the fairness of the
trial process or the person accused's constitutional rights.
18. What happens when an individual is convicted and sentenced to death?
A. Their sentence is automatically converted to "life in prison without the possibility of parole."
B. Their case is automatically appealed.
C. They are immediately given a date and time for their execution.
D. They are refused the opportunity to appeal their case.
Correct Answer: B. Their case is automatically appealed.
19. Aaron Hernandez was a former NFL player who was convicted of murdering a former friend. His case would
be considered a "celebrated case" in the wedding cake model. If a person who was not a public figure carried out
Chapter 1 - Page 3
