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Test Bank and Answer Key
TRUE/FALSE
1. A lack of data makes it difficult to evaluate our CJS.
2. A reexamination of the funnel effect using more recent BJS data found that this effect no longer
exists.
3. Cases are more likely to be rejected or dismissed because of evidence or witness problems than
due process problems.
4. Eighty-five percent of dismissals lead to the defendant’s leaving the criminal justice system.
5. After eliminating weak cases, almost all indicted offenders are convicted, and the majority of
convicted offenders are incarcerated.
6. While the average maximum sentence length imposed has increased, time served has decreased.
As such, the net effect is no change in terms of assessing leniency.
7. The odds of going to prison for murder, burglary, and larceny are much higher in the U.S.
compared to England, Canada, and West Germany.
8. Working together daily, the courtroom work group reaches a general consensus about how
different cases should be handled, which is known as the going rate.
9. Case processing is unaffected by the dynamics of the courtroom work group.
10. Research has uncovered extensive disagreement among members of the courtroom work group in
decisions regarding bail setting, plea bargaining, and presentence investigations.
11. The influence of the courtroom work group is irrelevant to the implementation of justice system
policies.
12. While the courtroom work group has the power to frustrate legal reform, it does not have total
control to completely nullify intended change.
13. The criminal justice law of thermodynamics explains the chain reaction effect of criminal justice
decision making.
14. The Innocence Project found that the most frequent contributor to wrongful conviction was
erroneous eyewitness identification.
MULTIPLE CHOICE
1. If you know the offense and the offender’s prior record you can likely predict the outcome of a
case. This outcome is also known as what?
a.
the going rate
c.
a loophole
b.
the funnel effect
d.
a downward departure
2. The conclusion that only 1% of all criminals go to prison is based on the __________ model that
visually represents the flow of cases through the system.
a.
wedding cake
c.
going rate
b.
Funnel
d.
punitive
3. One of the reasons it is misleading to conclude that only 1% of all criminals go to prison is that
a.
this conclusion is based on data that is over 40 years old
b.
over a third of juvenile cases are transferred to juvenile court
c.
the number sentenced to death row are not included in the 1% figure
d.
this is not misleading, it is an accurate conclusion
4. Walker noted that our adult prosecution rate of __________ percent is hardly a sign of softness
on crime.
a.
1
c.
48
b.
27
d.
73
5. According to BJS data from 2009, although only 36% of all convicted felony defendants were
sentenced to prison, an additional __________ percent were sentenced to jail.
a.
27
c.
35
b.
33
d.
59
6. The major changes between the 1960s and 2009 have been
a.
greater likelihood of burglary suspects going to prison and lesser likelihood of assault
suspects going to prison
b.
greater likelihood of those possessing a weapon going to prison, and lesser likelihood of
larceny suspects going to prison
c.
a general increase in incarceration rates and increase in length of sentencing
d.
a general decrease in incarceration rates and increase in length of sentencing
7. __________ account for the majority of rejections or dismissals.
a.
lenient judges
c.
evidence and witness problems
b.
unrecorded arrests
d.
due process problems
8. Most cases that are dismissed are ultimately
a.
reviewed by judges in other jurisdictions
c.
lost to the CJS
b.
referred to social services
d.
kept in the criminal justice system
9. Some cases are rejected because of due process problems, but this is more likely to happen in
____(1)______ cases than ____(2)_____ cases.
a.
(1) robbery (2) weapons
c.
(1) violent (2) property
b.
(1) weapons (2) drug
d.
(1) drug (2) robbery
10. Testimony of witnesses or victims is the primary evidence in what type of cases?
a.
crimes against persons
c.
property crimes
b.
victimless crimes
d.
dismissed cases
11. The most important changes in sentencing during the past forty years have been spurred by
a.
good-time laws
c.
truth-in-sentencing laws
b.
mandatory minimum sentencing laws
d.
conviction laws
12. Time served, a measure of the justice system’s punitiveness, has changed in what way over time?
a.
remained the same
c.
decreased
b.
increased
d.
whether it increased or decreased depends
on the type of offense
13. Mandatory sentencing laws and truth-in-sentencing laws in some states have contributed to
a.
decreases in average maximum sentence length imposed
b.
increases in average maximum sentence length imposed
c.
decreases in time served
d.
increases in time served
14. The standard liberal criticism is that our CJS is more _____(1)_____ than other countries, while
conservatives argue that we are too _____(2)_____.
a.
(1) lenient (2) lenient as well
b.
(1) punitive (2) punitive as well
c.
(1) punitive (2) lenient
d.
(1) lenient (2) punitive
15. Our high incarceration rate in the U.S. is mainly the result of
a.
our high rates of violent crime and severe treatment of these offenders
b.
our tendency to send convicted offenders to prison
c.
our tendency to reject fewer cases involving African American
d.
our high rates of plea bargaining
16. Relative to other countries
a.
America is more punitive in our tendency to imprison serious offenders, and more punitive
in terms of time served for property crimes
b.
America is similar in our tendency to imprison serious offenders, and similar in terms of
time served for property crimes
c.
America is similar in our tendency to imprison serious offenders, but more punitive in
terms of time served for property crimes
d.
America is punitive in our tendency to imprison serious offenders, but similar in terms of
time served for property crimes
17. America has the highest __________ rate in the world.
a.
incarceration
c.
arrest
b.
conviction
d.
crime
18. The going rate
a.
is another name for sentencing guidelines
b.
refers to a shared understanding about how much cases are worth
c.
is a product of an unstable courtroom work group
d.
is commonly referred to as the local legal culture
19. A local jurisdiction’s going rate is established
a.
before cases reach the courtroom work group
b.
after cases reach the courtroom work group
c.
within the courtroom work group
d.
outside of the courtroom work group
20. The local legal culture is comprised of
a.
police, courts, and corrections
b.
adversaries, inquisitors, and administrators
c.
the courtroom work group, going rate, and administrative decisions
d.
prosecutors, defense attorneys, and judges
21. A system of justice where guilt or innocence is determined through the state’s presentation of the
case and the defendant’s challenge of it that is overseen by a neutral judge is what type of
system?
a.
administrative
c.
adversarial
b.
inquisitorial
d.
impossible
22. Walker argues that theoretically we have an _____(1)_____ system of justice, but in reality we
have an _____(2)_____ system of justice.
a.
(1) adversarial (2) administrative
c.
(1) administrative (2) inquisitorial
b.
(1) adversarial (2) inquisitorial
d.
(1) inquisitorial (2) adversarial
23. One might consider the American CJS an administrative system of justice, because
a.
the determination of guilt or innocence is the result of a battle between prosecution and
defense attorneys
b.
decisions are negotiated by the courtroom work group through consensus
c.
there is a presumption of guilt and the defendant’s rights are unprotected
d.
it is unlikely that the American CJS would be considered an administrative system
24. Select the most accurate statement
a.
courtroom work groups are surprisingly similar no matter what jurisdiction they are in
b.
less stable membership in the courtroom work group promotes consensus resulting in
efficient case processing
c.
efficient processing of cases is more dependent upon caseload and resources than
relationships among members of the courtroom work group
d.
stable courtroom work groups characterized by a sense of mutual respect process cases
more efficiently than unstable work groups
25. The ability of the courtroom work group to influence reforms in the justice system is best
characterized as
a.
powerful
c.
hidden
b.
possible
d.
unlikely
26. Examples of the courtroom work group’s ability to thwart justice system reforms can be seen in
a.
the defense of life rule and Minnesota Sentencing Guidelines
b.
Minnesota Sentencing Guidelines, but not federal Sentencing Guidelines
c.
the granting of legal counsel under In re Gault and Gideon v. Wainwright
d.
there are no examples, because the courtroom work group lacks the power to influence
reforms
27. Courtroom work groups can mitigate the effects of harsh sentencing laws, but they cannot
a.
nullify them completely
b.
selectively adopt them
c.
circumvent them
d.
choose to prosecute on their basis
28. The implementation of reforms by the courtroom work group is dependent upon
a.
the location of change as changes mandated from outside the courtroom work group face
serious obstacles while changes initiated from within are likely to succeed
b.
the nature of the reform in that modest reforms requiring slight changes are likely to
succeed
c.
the type of reform as unplanned developments affecting the workload of the justice system
are more likely to succeed while policy changes face serious obstacles
d.
the caseload and resources of the courtroom work group as the time of the reform
29. The criminal justice law of thermodynamics states that a(n) ____(1)______ in the severity of a
penalty results in ____(2)______ application of that penalty
a.
(1) decrease (2) more frequent
c.
(1) increase (2) more frequent
b.
(1) decrease (2) less frequent
d.
(1) increase (2) less frequent
30. Examples of the criminal justice law of thermodynamics include
a.
In re Gault and speedy trial laws
b.
the death penalty and decriminalization of marijuana
c.
the death penalty and three strikes laws
d.
early release programs and three strikes laws
31. One of the consequences of the criminal justice law of thermodynamics is that
a.
the deterrent effect will be enhanced
b.
the intent of justice system reforms may be undercut
c.
the courtroom work group’s going rate will be impotent
d.
it shifts the power from the courtroom work group to policy makers
32. According to Walker’s discussion of mistakes in the CJS, select the most accurate statement.
a.
the extensive number of mistakes make loopholes larger and discrimination more
pervasive
b.
a system as overburdened as ours is sure to make as many mistakes as it does
c.
mistakes are an inevitable result of the going rate
d.
we need to be hyper-vigilant to prevent further mistakes
33. According to the Innocence Project, all but which of the following are primary causes for
wrongful conviction
a.
false identification
b.
rigorous scientific analysis
c.
improper evidence
d.
false confessions
34. Findings from the Innocence Project indicate that
a.
stable courtroom workgroups produce more mistakes than unstable work groups
b.
the courtroom work group can cover up willful misconduct or incompetence
c.
few mistakes occur in criminal justice processing and the consequences of those that do
are minimal
d.
only 1% of defendants have been wrongfully convicted and sentenced to death, but none
of them were executed
SHORT ANSWER
1. Explain why it may be misleading to conclude that only 1% of all criminals go to prison.
2. Describe some variables that have contributed to tougher sentencing in recent years.
3. Describe how the going rate in the U.S. is similar to and different from that in other countries.
4. Justify the suggestion that ours is an administrative rather than an adversarial justice system.
5. Describe the extent of power that the courtroom work group possesses to influence justice system
reforms.
6. Show your understanding of the criminal justice law of thermodynamics by listing three possible
implications of it.
