Question
1. According to ________________ theory, each individualgives up some liberties and, in return, is protected fromothers who have their liberties restricted as well.a. natural lawb.
1. According to ________________ theory, each individualgives up some liberties and, in return, is protected fromothers who have their liberties restricted as well.a. natural lawb. social controlc. social contractd. reciprocity
2. Which of the following is not a rule of legal paternalism?a. Laws should protect children and other people whosedecision-making ability is impaired.b. Laws should restrict freedom only to the extent that isnecessary to protect.c. Laws should restrict only actions that can produce seriousand irreversible harm.d. Laws should allow private individuals to make decisionsabout private matters.
3. Positivist law refers to:a. those laws written and enforced by society.b. the idea that principles of morals are inherent in nature.c. the idea that laws are not human-made and are discoveredby reason.d. those laws that regulate natural rights.
4. Natural law refers to:a. those laws written and enforced by society.b. the idea that principles of morals and rights are inherent innature.c. the idea that law is human-made.d. those laws that regulate innate but undesirable behavior.
5. The idea that groups in society have fundamentaldifferences and that those in power control societalelements, including law, is most consistent with:a. the pluralist paradigm.b. the conflict paradigm.c. the consensus paradigm.d. the repressive paradigm
6. The concept that there are many groups in society andthat they form allegiances and coalitions in a dynamicexchange of power is most consistent with:a. the pluralist paradigm.b. the conflict paradigm.c. the consensus paradigm.d. the repressive paradigm.
You are an attorney, and the local court has appointed youto represent a defendant who has been charged withaggravated assault and battery. The prosecutor originallyintended to charge attempted murder. The victim sufferedserious injury, and the police suspected that a weapon ofsome type was used, but never was able to find one. Thedefendant has maintained that there was no weapon.
7. Despite your client's insistence that he is innocent, you urgehim to accept a plea bargain. You are motivated largely
by a desire to dispose of the case as quickly and efficientlyas possible. Your actions embody the notion of:
a. consensus paradigm.b. bureaucratic justice.c. "Model Rules."d. division of labor
8.The only situations wherein a lawyer can ethically revealconfidences of a client include all of the following except:
a. when the client consents.b. when disclosure is required by law or court order.c. when the attorney needs to defend himself or employeesagainst an accusation of wrongful conduct.d. when the attorney is served with a formal request forinformation from the media.
9. Which of the following is not a component of dueprocess?a. guaranteed appealsb. the opportunity to present evidence and witnessesc. the ability to cross-examine witnessesd. notice of charges
10. Which of the following is not a valid reason for anattorney to withdraw from a case?a. if the legal action is for harassment or maliciouspurposesb. if continued employment will result in violation of adisciplinary rulec. if the attorney's schedule makes it difficult to attendto the details of the cased. if discharged by the client
11. Which factor would be unethical for a prosecutor toconsider in making charging decisions?a. the severity of the crimeb. the quality of evidencec. the ability to obtain a convictiond. income of the victim
12. Which of the following statements about plea bargainingis correct?a. Plea bargaining generally is not accompanied by ethicalconcerns.b. Plea bargains must be formally requested by the defense.c. Plea bargaining occurs in the vast majority of criminalcases.d. Plea bargains must be approved by the arresting officerand victim
13. The "halo effect" refers to:
a. the phenomenon in which a defendant is seen as innocentand nave.
b. the phenomenon in which a person with expertise orstatus in one area is given deference in all areas.
c. the phenomenon in which the defense attorney is givendeference even when he is clearly stretching the truth.
d. the phenomenon in which the witness is a member of theclergy.
You are defending a client against a murder charge. You have consulted with your client and are making preparations for the upcoming trial.
14. The police have been searching for a weapon but have been unable to find it. This weakens the prosecution's case. Your client tells you that he was able to hide it in a wood pile in his back yard before being arrested. According to the Model Rules, your duty now is to:
a. withdraw from the case.
b. remain on the case, but alert the judge to the location of the weapon.
c. remain on the case, but require the defendant to inform the police of the weapon's location.
d. remain on the case and keep the location of the weapon confidential
15.According to the text, the most common charge leveledagainst prosecutors is:
a. misusing pretrial publicity.b. failure to disclose evidence.c. supporting perjury.d. using false evidence in court.
16.The procedure for presenting a single suspect to aneyewitness for identification is known as a:
a. show-up.
b. lineup.
c. field identification.
d. photo array.
17. Aronson and McMurtrie identified one type ofprosecutorial misconduct as "tunnel vision," arguing that:
a. an innocent suspect will always be considered guilty bythe judge.
b. a desire to look smart or tough on television influences theway they talk about their cases.
c. some prosecutors work under a bias that defendants areguilty and therefore ignore exculpatory evidence.
d. prosecutors generally have a quota that they must fulfill.
18. Only recognizing evidence to fit one's theory is thedefinition of:
a. cognitive dissonance.
b. belief perseverance.
c. selective information processing.
d. confirmatory bias.
19. In an effort to prevent false confessions, 18 states nowrequire confessions to be:a. recorded by a court reporter, for a judge to review.b. sworn to under oath.c. witnessed by a defense attorney.d. videotaped.
20. A lineup in which the law enforcement official does notknow which person is the suspect is known as a(n):a. show-up.b. Brady lineup.c. ex parte lineup.d. double-blind lineup.
21.You are a defense attorney defending a client against amurder charge. Your client is the former boyfriend of thevictim, and it has been established by several witnessesthat the breakup was not a pleasant one. Your client wasidentified as a suspect from the very beginning. During thetrial, the prosecution presented a witness who claimed tooverhear your client praying for forgiveness in his holdingcell. The prosecution also presented the murder weapon,which was a softball bat with your client's fingerprint onthe handle. Your client was convicted.
You attempted to convince the jury that the presence of thefingerprints did not mean anythingit was his bat, afterall, and he had used it in a softball game recently. Youargued that the detectives investigating the murdersuspected your client right away because he was thevictim's ex-boyfriend, and accordingly, they automaticallyinterpreted any evidence in a way that agreed with theirsuspicion. This is an example of:
a. cognitive dissonance.
b. selective information processing.
c. noble-cause.
d. harmless error
22 According to the text, there are five essential elements to thedefinition of punishment. Which of the following is not one ofthese five elements?
a. There are at least two persons involved.b. The person who inflicts the punishment causes a certainharm to the person who is being punished.c. The person who inflicts the punishment has beenauthorized, under a system of rules or laws, to harmthe person who is punished in this particular way.d. The person who is being punished has been identified andjudged by his/her victim.
23.The retributive rationale postulates that:
a. punishment is an end in itself.
b. punishment is a means rather than an end.
c. punishment is not and should not be the only response tocrime.
d. punishment is never an option.
24. Which form of prevention is aimed at the overallcommunity rather than the offender?
a. general deterrence
b. specific deterrence
c. selective incapacitation
d. general incapacitation
25. Which ethical system is used to support preventing crimeusing deterrence, incapacitation, and/or treatment?
a. ethical formalism
b. ethics of care
c. Rawlsian ethics
d. utilitarianism
26. ____________________ basic rationale forpunishment provides that the utility of punishment tosociety (by deterring crime) outweighs the negativeof the punishment itself.a. Kauffman'sb. Bentham'sc. Mackie'sd. Rawls's27. In Kauffman's description of the correctional officersubculture, someone who was perceived assympathetic to inmates was known as a(n):a. white hat.b. inmate lover.c. bleeding heart.d. slam.
28. You are a judge considering the sentences of severalconvicted offenders. The first offender has been foundguilty of burglary and larceny for the third time. Thereport tells you that the offender's previous sentenceswere probation for the first offense and 14 days in jail forthe second. You determine that the offender has notlearned his lesson after the first two convictions, and youintend to send him a message with this sentence.Accordingly, you sentence him to the maximum allowedunder the guidelines. Because you imposed this longsentence to try to teach this individual a lesson, so that hewill not choose to offend again in the future, yoursentence is an attempt at:a. general deterrence.b. specific deterrence.c. rehabilitation.d. Incapacitation
29. The Prison Litigation Reform Act of 1996 (PLRA):a. drastically curtailed the ability of inmates to filelawsuits.b. drastically curtailed the ability of correctional facilitiesto file lawsuits against inmates.c. drastically increased inmates' ability to file lawsuits.d. drastically increased attorney's fees
30.The interdependence that may develop betweencorrectional officers and inmates that is characterized byfavoritism is called:
a. pluralistic ignorance.b. reciprocity.c. "trickle down" supervision.d. hostile loyalty.
31.Which of the following statements about women in prison isfalse?
a. Until the mid-1800s, female prisoners were housedtogether with men in jails.b. Only non-consensual staff-inmate sex is consideredunethical.c. In the mid-1980s, female officers challenged thehiring patterns of state prison systems.d. Today, male officers are assigned to all posts insideprisons for women.
32.In the 1980s, victimization of inmates by correctionalofficers decreased but was followed by a rise in:
a. violence from racial gangs.b. the use of solitary confinement as a punishment.c. escapes.d. inmate violence toward officers.
33. Which of the following is true regarding coercive sexualcontact in prisons?
a. Coercion is more likely to be present between femaleofficers and male inmates.
b. Coercion is more likely to be present between maleofficers and female inmates.
c. Coercion is more likely to be present between femaleofficers and female inmates.
d. PREA reports do not distinguish between coercive andconsensual encounters.
34. Which of the following about probation is false?
a. Discretion in probation exists at the point of sentencing.
b. Probation officers use discretion during supervision.
c. Probation officers have discretion when choosing whichprobationers to supervise.
d. Discretion is present when probation officers decide tofile violation reports.
35.You are a rookie correctional officer at a state prison.The day is coming to an end and the inmates are in theircells. As you make your rounds to count heads, one of theinmates asks you if you'd bring him a piece of dental floss.He says he has an uncooked grain of rice from dinner stuckin his back teeth and it is very painful. He only needs asmall piece, surely not enough to pose any problem.According to prison rules, dental floss may only be used inthe shower area, under observation. It is apparent to youthat the inmate is in discomfort, and you know this inmateto be well-behaved.
You are inclined to provide the dental floss. After all, thisinmate has never given you trouble, and in fact you thinkthat he might be helpful in the future when it comes torelations with troublesome inmates. Such a relationshipwould illustrate the concept of:
a. officer accommodation.
b. "blind eye."
c. informal give-and-take.
d. reciprocity.
36. Souryal's corruption typology includes all of thefollowing categories except:
a. arbitrary use of power.b. oppression and failure to demonstrate compassion/caring.c. mismanagement of prison resources.d. abusing authority for personal gain.
37. Acts of nonfeasance are acts:a. of omission such as ignoring an inmate's ruleviolations.b. that violate authority.c. performed for personal gain.d. that break ethical standards only.
38. Excessive use of force, rape and sexual harassment,theft and destruction of personal property are allexamples of which of the following types of prisonabuse identified by Bomse?a. malicious or purposeful abuseb. negligent abusec. systemic or budgetary abused. intentional sexual abuse
39. Which of the following statements about restorativejustice programs is false?a. Restorative justice programs may lead to oppositionalsubcultures.b. Restorative justice programs may lead to a greatersense of mission for employees.c. Restorative justice programs are oriented to meetingthe needs of victims and offenders.d. Restorative justice programs may lead to decreasedburn out and misconduct among employees.
40. Wright offers seven principles as a guide for howadministrators and supervisors should treat employees.Which of the following is not one of these sevenprinciples?a. fair treatmentb. due processc. safetyd. good benefits41. An element of peacemaking corrections that involveslooking at what needs to be done with both the heartand the head is called:a. "care perspective."b. "feminine eye."c. "wholesight."d. "thirdeye sight."
42.A juvenile has been arrested for vandalizing a BurgerKing. He and his friends tore up some landscaping, threwrocks at the marquee (breaking glass panels), and spray-painted graffiti. As part of the diversion process, he hasaccepted the opportunity to meet with the restaurant'sowner for a mediation session. The probation officerleading the meeting suggests a penalty that involves anapology and a schedule of work to be performed at therestaurant. In addition, the offender agrees to attendcounseling to assist him with personal issues. All agreeto the plan.
Addressing the personal needs of the offender in thisscenario is justified via which ethical system?
a. utilitarianism
b. ethical formalism
c. ethics of care
d. Kantian ethics
43. The principle of double effect:
a. justifies a means that results in an unintended negative end.b. justifies a harmful act if it benefits the greater community.c. justifies doubling one's efforts if the first attempt did notproduce the desired outcome.d. justifies any means that results in a good end.
44.Which of the following statements about the Patriot Act isfalse?
a. When first enacted, the Patriot Act required allindividuals on visas report to immigration offices.
b. When first enacted, the Patriot Act included provisionsthat allowed federal agents to "sneak and peek."
c. When first enacted, the Patriot Act includedprovisions that allowed federal agents to utilizenational security letters to circumvent warrantrequirements.
d. The Patriot Act has remained unchanged since it wasfirst passed.
45.The "doctrine of necessity" argues that:
a. there must be secrecy concerning interrogation tactics sothey can be more effective.
b. war, while regrettable, is sometimes necessary.
c. police power must arise from the consent of the people.
d. all accused offenders must be given legal representation
46. According to the text, which of the following is not trueabout information obtained through torture?
a. Information obtained via torture is not admissible incriminal proceedings.
b. Torture victims are likely to offer additional informationin an attempt to win favor from their interrogators.
c. Department of Justice lawyers provided Guantanamointerrogators with a legal opinion allowing them to use"enhanced interrogation"
d. Torture victims are more likely to lie in order to stop thetorture.
47. The Protect America Act was passed in 2007, allowingthe government:
a. to interrogate, without counsel present, anyone suspectedof being linked to a terrorist group.
b. to wiretap, without a warrant, anyone suspected of beinglinked to a terrorist group.
c. to detain indefinitely anyone suspected of being linked toa terrorist group.
d. to arrest anyone suspected of being linked to a terroristgroup.
48.The major problem with the utilitarian approach to lawenforcement is that:
a. we can't know what the ultimate outcome of our actionswill be.
b. it is more expensive than other approaches.
c. some people refuse to be helped.
d. there is disagreement on how best to train officers on theapproach.
49. A basic premise of rights-based law enforcement isthat:
a. the end justify the means.
b. the rights of the state supersede all other rights.
c. some acts are never justified.
d. compared to the government, the individual has norights.
50.You are the police chief in a large American city. Priorto 9/11, your city's crime rates had been decliningsteadily, due in part to a commitment to community-oriented policing.
All of the following changes likely took place in your city anddepartment in the years following 9/11 except:
a. a reduction of civil liberties.
b. a merging of immigration control and traditional lawenforcement.
c. federal funding for community-policing projects doubledor tripled.
d. patrol officers received training regarding the preventionof and response to terrorist incidents.
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