Ultimate Major Field Test Criminal Justice Exam with Complete Solutions

Retribution - ANSWER-The act of taking revenge on a criminal perpetrator. AKA just deserts. Criminal offenders deserve the punishment they receive at the hands of the law, and that punishments should be appropriate to the type and severity of the crime committed. Sociological School - ANSWER-Social groups, social institutions, the arrangements of society, and social roles all provide the proper focus for study. Deterrence - ANSWER-A goal that seeks to inhibit criminal behavior through the fear of punishment and crime prevention. Specific deterrence - ANSWER-Seeks to prevent a particular offender from engaging in repeat criminality. General deterrence - ANSWER-Seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced. Incapactitation - ANSWER-Use of imprisionment or other means to reduce the likelihood that an offender will commit future offenses. Intends to protect the members of society by removing those who choose not to adhere to the laws. Rehabilitation - ANSWER-The attempt to reform a criminal offender or change the behavior of the offender, typically through treatment or programs. Restoration - ANSWER-To make the victim of a crime whole again. Steps in the Criminal Justice process (9) - ANSWER-Investigate and arrest Booking First appearance Preliminary hearing Information and indictment Arraignment Trial Sentencing Corrections Probable cause - ANSWER-A set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a specified person has committed a specified crime. Warrant - ANSWER-A writ issued by a judicial officer directing a LEO to perform a specified act and affording the officer protection from damages if he or she performs it. Release of Recognizance - ANSWER-The release of a defendant into their own care or care of another without posting bond. True Bill - ANSWER-The decision of a grand jury that sufficient evidence exists to indict an accused person. Arraignment - ANSWER-A hearing before the court in a criminal case where the identity of the defendant is established. defendant is informed of the charges against them. defendant is informed of their rights. defendants is requested to enter a plea. Nolo contendere - ANSWER-Plea of no contest. Used when the defendant does not wish to contest conviction. Types of sentences (2) - ANSWER-Consecutive sentence and concurrent sentence Consecutive sentence - ANSWER-Two or more sentences imposed at the same time, which are served in sequence with the other sentences. Concurrent sentence - ANSWER-Two or more sentences imposed at the same time for more than one offense and to be served at the same time. Probation - ANSWER-A sentence of imprisonment that is suspended and conditional freedom is granted as long as the person meets certain conditions of behavior. Parole - ANSWER-The status of an offender conditionally released from prison by discretion of a paroling authority prior to the expiration of sentence. Due Process Model - ANSWER-Criminal justice perspective that emphasizes individual rights at all stages of justice system processing. 1st Amendment - ANSWER-Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press. 2nd Amendment - ANSWER-A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed. 3rd Amendment - ANSWER-No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. 4th Amendment - ANSWER-Prohibition against unreasonable searches and seizures. 5th Amendment - ANSWER-Prohibition against double jeopardy. Privilege against forced self-incrimination. 6th Amendment - ANSWER-Right to a jury trail, a public trial, a speedy trail, to confront witnesses, to compulsory process to obtain witnesses, to assistance of an attorney in all felony cases, to assistance of an attorney in misdemeanor cases. 7th Amendment - ANSWER-In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. 8th Amendment - ANSWER-The prohibition against cruel and unusual punishment. 9th Amendment - ANSWER-Shall not be construed to deny or disparage others retained by the people 10th Amendment - ANSWER-The powers not delegated to the US by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people. 14th Amendment - ANSWER-No state shall make or enforce any law which shall abridge privileges or immunities of citizens of the US, not shall any state deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the law. Exclusionary rule - ANSWER-Prohibits use of items obtained as a result of unreasonable search and seizure as evidence against a criminal defendant Mala en se crimes - ANSWER-Acts that are regarded as wrong in themselves: murder. Mala prohibita crimes - ANSWER-Acts that are considered wrong only because there is a law against them: underage drinking. Classical School - ANSWER-Approach to crime causation and criminal responsibility that grew out of the enlightenment. Emphasized the role of free will and reasonable punishments. Focus on the crime, not the criminal. Punishments of offenders need to be certain, swift, and severe enough to prevent crime. Positive school - ANSWER-Approach to criminal justice theory that stresses the application of scientific techniques to the study of crime and criminals. Behavior is determined; no free will. Biological school - ANSWER-A perspective on criminological thought that holds that criminal behavior has a physiological basis. Focus is on the individual rather than the crime Psychological school - ANSWER-Perspective on criminological thought that views offensive and deviant behavior as the product of dysfunctional personality. Identify the conscious and subconscious, contents of the human psyche as major determinants of behavior. Chicago School - ANSWER-Sociological approach that emphasizes demographics and geographics. Hedonism - ANSWER-Concept that people would automatically attempt to maximize pleasure and minimize pain. Phrenology - ANSWER-Belief the characteristics of personality can be seen in the brain and are mirrored in bumps in the skull. Stigmata - ANSWER-Physical characteristics that identified a criminal. Atavism - ANSWER-A condition characterized by the existence of features thought to be common in earlier stages of human evolution. Implied people were born a criminal. Behavioral conditioning - ANSWER-a psychological principle that holds that the frequency of any behavior can be increased or decreased through reward, punishment, and/or association with other stimuli. Social disorganization - ANSWER-Condition said to exist when a group is faced with social change, uneven development or culture, maladaptiveness, disharmony, conflict, and lack of consensus. Social ecology - ANSWER-Criminological approach that focuses on the misbehavior of lower-class youths and sees delinquency as the result of social disorganization. Concentric zone theory - ANSWER-Series of distinctive circles radiating from the central business district used to describe differences in crime rates. 5 zones of Concentric Zone Theory - ANSWER-1. Central business district 2. Transitional zone - highest crime rate 3. Working-class zone 4. Residential zone 5. Commuter zone Anomie - ANSWER-Socially pervasive condition of normlessness. Disjunction between approved goals and means. 5 Modes of Adaption - ANSWER-Used of strain caused by restricted access to the socially approved goals and means. 1. Conformist 2. Ritualist 3. Retreatist 4. Rebel 5. Innovator Conformist - ANSWER-Engages in law-abiding behavior. Innovator - ANSWER-Accepts the societal goals while rejecting the approved means of obtaining the goals. Results in commission of property crime and white-collar crime Ritualist - ANSWER-Rejects the societal goals while still adhering to the approved means that are available. Does not typically violate the law, but has given up on success as defined by society and just does the best he or she can with what they have. Retreatist - ANSWER-Rejects both the goals provided by society and the means to obtain the goals, Results in dropouts, drug addict. Rebel - ANSWER-Rejects the goals and means as est. by society and substitutes with their own goals and means. Strain theory - ANSWER-Require that people be motivated to commit criminal and delinquent acts to achieve goals held by society. Subcultural theory - ANSWER-Composed of a group of people who participate in a shared system of values and norms different from those of the larger culture Conformity - ANSWER-Striving for socially approved goals and following normal means of achieving them. 6 Focal concerns - ANSWER-Theory that puts emphasis on specific values. Contributes to the involvement in delinquency by members of the lower class. 1. Trouble 2. Toughness 3. Smartness 4. Excitement 5. Fate 6. Autonomy Common law - ANSWER-Law originating from usage and custom rather than from written statutes. Stare decisis - ANSWER-Standing by decided matter. Administrative law - ANSWER-Law made and enforced by admin./regulatory agencies either a the federal or state levels. Procedural law - ANSWER-Part of the law that specifies the methods to be used in enforcing substantive law. Criminal procedures - ANSWER-Rule and laws intended to guard against discrimination in the application of justice for those accused of a crime. Actus reus - ANSWER-An act in violation of the law. A guilty act. Includes both an action taken by an individual or a failure of an individual to act. Crimes of Commission - ANSWER-Crimes that involve an act that the law prohibits, such as murder, rape and shoplifting. Crimes of Omission - ANSWER-Crimes that involve the failure to act when the law requires an individual to take action, such as child neglect or failure to file taxes. Strict liability - ANSWER-Liability without fault or intention; does not require mens rea. Types of mens rea (4) - ANSWER-1. Purposeful 2. Knowing 3. Reckless 4. Criminal negligence Purposeful - mens rea - ANSWER-Intentionally firing a gun, hitting and killing Knowing - mens rea - ANSWER-Aware that the act could result in illegal behavior/harm Reckless - mens rea - ANSWER-Activity that increases the probability of harm Criminal negligence - mens rea - ANSWER-Behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences; assumes person should have known better. Concurrence - ANSWER-The coexistence of (1) an act in violation of the law (actus reus) and (2) a cupable mental state (mens rea) must concur at the same time to be able to convict an individual of a crime. Corpus delicti - ANSWER-Facts that show a crime has occurred. The body of the crime. Inchoate offense - ANSWER-An offense not yet completed. An offense that consists of conduct that is a step toward the intended commission of another crime. Incomplete or partial. McNaughten rule - ANSWER-A rule determining insanity, which asks whether the defendant knew what they were doing or that it was wrong. Irresistable impulse rule - ANSWER-Defendant knew what he or she was doing was wrong but they couldn't help themselves. Procedural defense - ANSWER-When a defendant was discriminated against in the justice process in some manner. Types of procedural defense - ANSWER-Entrapment. Double jeopardy. Collateral estoppel (applies to facts that have been determined by a valid and final judgement). Selective prosecution. Denial of speedy trail. Prosecutorial misconduct. Police fraud. Vigilantism - ANSWER-Individuals who conduct a trail of an accused without legal authorization. Political era - ANSWER-Represented close ties between law enforcement and public officials. Watchman style policing. Order maintenance. Used frequently in lower-class neighborhoods. Reform era - ANSWER-Occurred when citizens called for reform and the removal of politics from law enforcement. LE took pride in their professional approach to fighting crime. Legalistic style policing. Committed to enforcing the "letter of the law" by making numerous arrests for all types of criminal behavior. Noncriminal behavior takes a hands-off or "laissez-faire" approach. Community era - ANSWER-Community policing developed. Focus was on integrating the police with the community in which they worked. Officers encouraged to live within the communities in which they worked. Service style policing. Reflects the need of the community. Frequently used in wealth neighborhoods. Police-community relations (PCR) - ANSWER-An area of police activity that stresses the need for the community and the police to work together effectively. Emphasizes the notion that the police derive their legitimacy from the community they serve. Private protective services - ANSWER-Independent or proprietary commercial organizations that provide protective services to employers on a contractual basis. Private security personnel work for corporate employers and secure private interests Preventive parol - ANSWER-The primary operational strategy. Provides quick response to calls. Creates a visible presence with the intent of deterring crime. Interrupts crimes in progress. Enhances the public's sense of safety and security. Computer assisted dispatch. Due process requirements - ANSWER-Evidence and investigation (search and seizures Arrest Interrogation Landmark case - ANSWER-Precedent-setting court decision that produces substantial changes in both the understanding of the requirements of due process and in the practical day-to-day operations of the justice system. Writ of certiorari - ANSWER-Writ issued from an appellate court for the purpose of obtaining the record from a lower court in a particular case. Weeks vs. U.S - ANSWER-Week's suspected of using mail to sell lottery tickets - a federal crime. Agents had no warrant Emergency search - ANSWER-Search conducted by the police without a warrant, which is justified on the basis of some immediate and overriding need, like clear dangers to life, clear dangers of escape, and clear dangers of the removal or destruction of evidence. Reasonable suspicion - ANSWER-General and reasonable suspicion is a general and reasonable belief that a crime is in progress . Probable cause - ANSWER-Reasonable belief that a particular person has committed a specific crime. Anticipatory warrants - ANSWER-Search warrants issued on the basis of probable cause to believe that evidence of a crime, while not presently at the place described, will likely be there when the warrant is executed. Search incident to arrest - ANSWER-Warrantless search of an arrested individual conducted to ensure the safety of the arresting officer. Psychological manipulation - ANSWER-Designed to pressure suspects to divulge information that are based on subtle forms of intimidation and control. Electronic Communications Privacy Act of 1986 - ANSWER-Law passed by Congress that established due process requirements that LEOs must meet in order to legally intercept wire communications. Wiretaps and bugs, pen registers that record the numbers dialed from a phone, tracing devices that determine the number from which a call emanates. Specific types of corruption - ANSWER-Gratuities- acceptance of small favors, playing favorites. Minor and major bribes-acceptance of minor or major sums of money. Role Malfeasance- destruction of evidence, offering biased testimony; protecting other corrupt officers. Property crimes- burglary, theft. Criminal enterprise- resale of confiscated drugs or stolen property. Denial of civil rights- planting of evidence or lying in court. Violent crimes committed by law enforcement officers- physical abuse/ torture of suspects. Types of use of force - ANSWER-Authority- body language, tone of voice. Body positioning- pushing, restraining. Restraints- cuffing. Less than lethal weapons- baton, pepper spray, stun gun. Deadly force- firing. What types of cases does the federal court have jurisdiction over? - ANSWER-Federal law. Disputes between states. Claims against the US. Constitutional issues. Treaties with other countries. Cases of the admiralty and maritime jurisdiction. Disputes between citizens of different states. Judiciary Act of 1789 - ANSWER-Represented a compromise that established a 3-part system of federal courts: Supreme court, District court, and circuit court. Reorganization Act of 1801 - ANSWER-Congress approved a sweeping reorganization of the nation's court system and significantly expanded federal jurisdiction. Eliminated the Supreme Courts justices circuit court duties. Created 16 judgeships for the 6 judicial circuits. Judiciary Act of 1891 - ANSWER-Created the US court of appeals to relieve caseload burden in the Supreme Court and to handle a dramatic increase in federal filings. 9 courts of appeals, one for each judicial circuit were established. Judiciary Act of 1925 - ANSWER-Also known as Certiorari Act. Sought to reduce workload of the US Supreme Court. Appellants would file petitions for writs of certiorari with the Supreme Court. 4 of the 9 justices would have to agree to hear a case for the writ of certiorari to be approved. US. Supreme Court - ANSWER-Appointed by president and confirmed by the US senate. Judges serve for life. Have little original jurisdiction. Located in Washington, D.C. Power of Judicial Review - ANSWER-Power of the court to review actions and decisions made by lower courts and other government agencies. US Court of appeals - ANSWER-12 courts of appeal - circuit courts. Appointed by president , confirmed by the US senate. Judges serve for life. 167 appeals court judges. Criminal cases on appeal are usually heard by a panel of 3 judges. 3 categories of appeal - ANSWER-Frivolous, ritualistic, and non-consensual. Frivolous appeals - ANSWER-Generally disposed of quickly. No significant new issues. Little substance. Ritualistic appeals - ANSWER-Negligible. Primarily because of the demand of litigants. Non-consensual appeals - ANSWER-Entail major questions of law and policy. Considerable professional disagreement among the courts and within the legal profession. Probability of reversal is highest. Original jurisdiction - ANSWER-Lawful authority of a court to hear or act upon a case from its beginning and to pass judgement on the law and the facts. May be over a specific geographic area or over particular types of cases.