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| 1 | |
James Q. Wilson, who believes that the U.S. criminal justice system is failing because we have not been tough enough on crime, maintains that what constitutes two sides of the same crime-fighting strategy are deterrence and |
| | A) | entitlement programs. |
| | B) | criminal rehabilitation. |
| | C) | education. |
| | D) | job creation. |
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| 2 | |
Jeffrey Reiman, who does not believe that the U.S. criminal justice system is failing because we have not been tough enough on crime, identifies the present social and economic order's message to be that poverty is a sign of |
| | A) | economic injustice. |
| | B) | social injustice. |
| | C) | individual failure. |
| | D) | indifference from U.S. social and economic institutions. |
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| 3 | |
According to Andrew A. Moher, who believes that the United States has a right to torture suspected terrorists, legalized torture exists in |
| | A) | Iraq. |
| | B) | Iran. |
| | C) | Israel. |
| | D) | none of the above |
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| 4 | |
Elisa Massimino, who does not believe that the United States has a right to torture suspected terrorists, states that "stress and duress techniques" are clearly |
| | A) | preferred to outright torture by U.S. interrogators. |
| | B) | illegal. |
| | C) | immoral. |
| | D) | sanctioned by the Bush administration. |
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| 5 | |
Lawrence Wright, who believes that serious sex offenders should be castrated, concludes that as it stands now, Steven Allen Butler could only be castrated if |
| | A) | the Supreme Court establishes a precedent in another castration case. |
| | B) | a new "pro-castration" judge is appointed. |
| | C) | he underwent a sex-change operation. |
| | D) | he signed away his basic human rights. |
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| 6 | |
According to Kari A. Vanderzyl, who does not believe that serious sex offenders should be castrated, the notion of involuntary sterilization began with |
| | A) | the Butler case. |
| | B) | the eugenics movement over a century ago. |
| | C) | Joseph Mengele's Nazi experiments during World War II. |
| | D) | none of the above |
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| 7 | |
Franklin E. Zimring, who believes that strict gun control laws will reduce the number of homicides in the United States, concludes that a solution to reducing the share of violence with handguns should focus most on |
| | A) | quantifying the public and personal cost of gun control laws. |
| | B) | creating "gun-free school zones" and other innovations. |
| | C) | identifying the specific strategies and contexts in which regulation can reduce the use of firearms in violent assaults. |
| | D) | asking whether or not criminal prohibition and gun control strategies work. |
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| 8 | |
Lance K. Stell, who does not believe that strict gun control laws will reduce the number of homicides in the United States, defines "strict gun control" (SGC) as an array of legally sanctioned restrictions designed to |
| | A) | impose firearm scarcity on the general population. |
| | B) | reduce the rate of violent crime. |
| | C) | reduce the rate of injury and death during incidents of violent crime. |
| | D) | reduce the incidence of violence in the hands of otherwise "good citizens." |
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| 9 | |
Akhil Reed Amar, who believes that the United States should abolish the exclusionary rule of evidence in criminal cases, would label all of the following as true privacy privileges except |
| | A) | a witness that pleads the Fifth. |
| | B) | the relationship between a priest and a penitent parishioner. |
| | C) | a spouse called to testify against her husband. |
| | D) | the relationship between a doctor and a patient. |
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| 10 | |
Yale Kamisar, who does not believe that the United States should abolish the exclusionary rule of evidence in criminal cases, reports that the defendant, who benefits from the application of the search and seizure exclusionary rule, is more likely to be a committer of |
| | A) | rape. |
| | B) | murder. |
| | C) | white-collar crime. |
| | D) | a drug offense. |
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| 11 | |
To illustrate institutional racism, Paul Harris, who believes that "black rage" is a legitimate defense in criminal proceedings, points to the mandatory five-year prison term for possession of five grams of |
| | A) | cocaine. |
| | B) | marijuana. |
| | C) | crack. |
| | D) | heroin. |
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| 12 | |
Alan M. Dershowitz, who does not believe that "black rage" is a legitimate defense in criminal proceedings, asserts that the worst consequence of the abuse excuse is that it |
| | A) | stigmatizes all abuse victims with the violence of the few who have used their victimization as a justification to kill or maim. |
| | B) | encourages criminals to use their victimization as a justification to kill or maim. |
| | C) | is so pervasive in U.S. culture that it is virtually impossible to turn back the clock. |
| | D) | creates a slippery slope to include more widespread definitions of victimization. |
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| 13 | |
With regard to Miranda's social costs, Paul G. Cassell, who believes that the U.S. courts should abandon the Miranda rule, would argue that |
| | A) | they have a disproportionate impact on the poor and minorities. |
| | B) | they are largely avoidable. |
| | C) | empirical evidence fails to accurately capture the harm of Miranda. |
| | D) | all of the above |
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| 14 | |
In the opinion of Stephen J. Schulhofer, who does not believe that the U.S. courts should abandon the Miranda rule, the framers of the Constitution intended to |
| | A) | make the job of law enforcement more difficult. |
| | B) | protect the rights of the victim. |
| | C) | protect the rights of the suspect. |
| | D) | put few constraints on the government's power to pursue suspects. |
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| 15 | |
According to Martha B. Sosman, who believes that a judge should be permitted to admit evidence about an alleged rape victim's history as a prostitute, the innovation in the rape-shield statute was its prohibition of evidence pertaining to the complainant's |
| | A) | chastity. |
| | B) | reputation. |
| | C) | character. |
| | D) | sexual conduct. |
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| 16 | |
According to Margaret H. Marshall, who does not believe that a judge should be permitted to admit evidence about an alleged rape victim's history as a prostitute, convincing, if not conclusive, evidence of legislative intent in 1977 was the legislature's |
| | A) | decision not to enact all of the House and Senate proposed rape-shield bills. |
| | B) | acceptance of all House and Senate proposed rape-shield bills. |
| | C) | decision not to enact the Senate proposed rape-shield bill. |
| | D) | decision not to enact three House proposed rape-shield bills. |
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| 17 | |
According to Jeff Palmer, who believes that the United States should abolish plea bargaining in criminal cases, one of the most central arguments against plea bargaining is that |
| | A) | it is detrimental to the innocent defendant. |
| | B) | sentences are usually too lenient. |
| | C) | constitutional issues are raised by plea bargaining. |
| | D) | it distorts the public image of the judicial system. |
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| 18 | |
Douglas D. Guidorizzi, who does not believe that the United States should abolish plea bargaining in criminal cases, cites the most consistent criticism of plea bargaining as centering on the idea that plea bargaining |
| | A) | undermines the integrity of the criminal justice system. |
| | B) | actually contributes to increasing the number of criminal cases in the system. |
| | C) | results in more innocent defendants being sentenced. |
| | D) | provides no constitutional safeguards. |
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| 19 | |
Barry C. Feld, who believes that the United States should abolish the juvenile court systems, maintains that the fundamental shortcoming of the juvenile court's welfare idea reflects a failure of |
| | A) | implementation. |
| | B) | conception. |
| | C) | judicial responsibility. |
| | D) | procedure. |
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| 20 | |
Thomas F. Geraghty, who does not believe that the United States should abolish the juvenile court systems, contends that to reinvigorate juvenile courts, the key is |
| | A) | effectiveness of intervention. |
| | B) | people. |
| | C) | a comprehensive mission statement. |
| | D) | funding. |
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| 21 | |
Steven Brill, who believes that cameras should be allowed inside U.S. courtrooms, says that if you ask people what was wrong with the O.J. Simpson case, they will not say that what was wrong was that |
| | A) | the verdict was a disappointment. |
| | B) | they had difficulty understanding the proceedings. |
| | C) | they got to see it. |
| | D) | the broadcast failed to accurately portray courtroom life. |
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| 22 | |
Edward E. Becker, who does not believe that cameras should be allowed inside U.S. courtrooms, voices concern that cameras in the courtroom would heighten the level and potential of threat to |
| | A) | witnesses. |
| | B) | victims and their families. |
| | C) | judges. |
| | D) | defendants. |
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| 23 | |
John R. Schafer, who believes that "three strikes" sentencing laws help to reduce serious crime, cites the results of a survey done at Challenger Memorial Youth Center (CMYC), which revealed that a deterrent effect existed when |
| | A) | offenders viewed the three strikes law in general terms. |
| | B) | the three strikes law was explained to offenders. |
| | C) | offenders were confronted with the severity of their punishment in specific, personal terms. |
| | D) | none of the above |
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| 24 | |
Michael Vitiello, who does not believe that "three strikes" sentencing laws help to reduce serious crime, contends that most of the debate over three strikes laws concerns |
| | A) | moral concerns about its fairness. |
| | B) | empirical data. |
| | C) | whether or not the law is theoretically justified. |
| | D) | the law's effect on young males. |
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| 25 | |
Stephen Breyer, who believes that confining sex offenders indefinitely in mental hospitals after they have served their prison sentences violates the Constitution, contends that the Kansas Supreme Court's view that treatment was not a particularly important legislative objective is evident in the statute's |
| | A) | lack of provisions for treatment. |
| | B) | lack of language governing requirements for treatment. |
| | C) | timing provision. |
| | D) | definition of confinement. |
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| 26 | |
According to Clarence Thomas, who does not believe that confining sex offenders indefinitely in mental hospitals after they have served their prison sentences violates the Constitution, Leroy Hendricks himself stated that what would prevent him from molesting children in the future would be |
| | A) | death. |
| | B) | a lobotomy. |
| | C) | castration. |
| | D) | more intense and longer treatment. |
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| 27 | |
According to Jeffrey P. Brinkman, who believes that homosexual prison inmates have a right to share the same cell, a complaint should be given heightened attention when which one of the following kinds of complaints are at issue? |
| | A) | gender or sexuality |
| | B) | equal protection |
| | C) | civil rights |
| | D) | human rights |
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| 28 | |
Karen J. Williams, who does not believe that homosexual prison inmates have a right to share the same cell, cites research that shows that male inmates, compared to female inmates, are more likely to |
| | A) | have difficulty with cellmates. |
| | B) | be homophobic. |
| | C) | be homosexual. |
| | D) | none of the above |
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| 29 | |
According to Gregory L. Hershberger, who believes that supermax prisons are an appropriate way to punish hardened criminals, most offenders are sent to prison based on |
| | A) | their behavior in prison. |
| | B) | a direct commitment by the courts. |
| | C) | the severity of their original crime. |
| | D) | gang affiliations and other alliances. |
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| 30 | |
According to Henningsen et al., who do not believe that supermax prisons are an appropriate way to punish hardened criminals, the security housing unit (SIHU) at Pelican Bay |
| | A) | confines prisoners between 22 and 23 hours per day. |
| | B) | disallows congregate dining. |
| | C) | does not provide religious services to prisoners. |
| | D) | all of the above |
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| 31 | |
Wayne H. Calabrese, who believes that private "for-profit" corporations should be allowed to run U.S. prisons, maintains that private providers save money with respect to all of the following except |
| | A) | procurement of facility supplies. |
| | B) | employee benefit plans. |
| | C) | a lineal design phase format. |
| | D) | wages and benefits for employees. |
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| 32 | |
According to Jeff Sinden, who does not believe that private "for-profit" corporations should be allowed to run U.S. prisons, the U.S. criminal justice system was seen as ripe for privatization largely as a result of |
| | A) | a rapid and steady increase in costs of correctional services. |
| | B) | the public's increasing fear of violent crime and criminals. |
| | C) | a sharp and steady increase in the rate of crime. |
| | D) | a rise in antigovernment sentiment in the 1980s. |
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| 33 | |
Anthony Kennedy, who believes that the death penalty is an unacceptable punishment for juveniles, reports that the only country in the world that gives official sanction to the death penalty is |
| | A) | Yemen. |
| | B) | Iran. |
| | C) | the United States. |
| | D) | the Democratic Republic of Congo. |
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| 34 | |
Antonin Scalia, who does not believe that the death penalty is an unacceptable punishment for juveniles, rejects out of hand the basic premise of the Court's argument that American laws should conform to |
| | A) | the Constitution's original intention. |
| | B) | evolving moral standards. |
| | C) | what the states of "our Federal Union" say. |
| | D) | the rest of the world's laws. |
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| 35 | |
Brad Bennett, who believes that law enforcement agencies should use affirmative action programs to increase the number of minority police officers, profiles three police departments, all of which encourage diversity through rewarding recruits who |
| | A) | have string ties to the community. |
| | B) | speak multiple languages. |
| | C) | successfully become police officers. |
| | D) | all of the above |
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| 36 | |
Jan Golab, who does not believe that law enforcement agencies should use affirmative action programs to increase the number of minority police officers, the Los Angeles Police Department of yesteryear would exclude a candidate from being considered as a police officer if the candidate |
| | A) | had even a casual relationship with any known criminal. |
| | B) | was racially or ethnically "undesirable" to the department. |
| | C) | was related, however distant, to a known criminal. |
| | D) | did not pass strict physical and psychological testing. |
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| 37 | |
According to Jeanne McDowell, who believes that female police officers are as effective as male officers, the numbers of women in policing have increased steadily due to |
| | A) | changes in attitudes of law enforcement personnel. |
| | B) | a new emphasis on being community oriented. |
| | C) | an increase in crime, especially domestic abuse and sexual assaults. |
| | D) | changes in federal antidiscrimination laws. |
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| 38 | |
Erica Walter, who does not believe that female police officers are as effective as male officers, reports that the Los Angeles Police Department, in reaction to pressure from feminist groups, dropped the requirement that officers |
| | A) | weigh more than 130 pounds. |
| | B) | be at least five feet tall. |
| | C) | pass a strict physical fitness test. |
| | D) | all of the above |
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| 39 | |
According to Michael Coyle, who believes that crack cocaine laws discriminate against African Americans and other minority groups, compared to powdered cocaine, crack cocaine causes more |
| | A) | erratic behavior. |
| | B) | violent behavior. |
| | C) | hallucinations. |
| | D) | none of the above |
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| 40 | |
Randall Kennedy, who does not believe that crack cocaine laws discriminate against African Americans and other minority groups, asserts that courts have uniformly rejected challenges under the Federal Equal Protection Clause to differential punishment for possession of crack cocaine because |
| | A) | the impact of crack cocaine has been shown to be much greater than the impact of powdered cocaine. |
| | B) | of an absence of stark disparities between crack and powdered cocaine. |
| | C) | powdered and crack cocaine have differential powers of addiction. |
| | D) | of an absence of proof of discriminatory purpose. |
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