Test Bank and Answer Key
TRUE/FALSE
1. According to the text, career criminal prosecution programs are an effective yet tough strategy.
2. The insanity defense is raised in fewer than 1% of all criminal indictments.
3. The insanity defense is considered a loophole because its successful use results in less time
confined in a mental hospital than comparable guilty offenders spend in prison.
4. The key issue with the insanity defense is the mens rea requirement that must be established in
order to prove the defendant is guilty of the crime.
5. One problem with sending more mentally ill people to prison through GBMI verdicts is that
prisons cannot handle their current inmates with mental problems.
6. GBMI is more a symbolic gesture than an effective reform of the system for mentally ill
offenders.
7. Conservatives see plea bargaining as a loophole while liberals believe it is a source of injustice.
8. The ban on plea bargaining in Alaska proved that dangerous offenders had previously been
beating the system.
9. Formal rules on plea negotiations in King County increased the efficiency of case handling,
although it did not significantly impact case handling.
10. Conservatives believe post-conviction appeals allow offenders to escape punishment while
liberals feel the possibility of recognizing error is a virtue of appeals.
11. Limiting appeals positively impacts the rate of serious crimes.
MULTIPLE CHOICE
1. The process of using one prosecutor to charge a defendant and then passing the case
onto another prosecutor to try the case is called
a.
original defense
c.
vertical prosecution
b.
horizontal prosecution
d.
affirmative defense
2. Research findings that compared special prosecutions and traditional prosecutions found
a.
traditional prosecution eliminated plea bargains and improved conviction rates
b.
strength of the evidence and the likelihood of conviction shaped decisions for both
prosecution officers
c.
special prosecution improved the conviction rate significantly
d.
special prosecution closed the loopholes that allow serious offenders to beat the system
3. The career criminal prosecution program in San Diego was characterized by
a.
elimination of both plea bargains and split sentences
b.
elimination of bail and restrictions on plea bargaining
c.
continuity of prosecution and restrictions on plea bargaining
d.
restrictions on split sentences and pretrial surveillance
4. An evaluation of the San Diego Major Violator Unit found that
a.
the rate of failure to appear was zero and conviction rates increased dramatically
b.
the percentage of offenders convicted and sent to prison increased slightly
c.
the percentage of convicted offenders increased dramatically
d.
San Diego was soft on career criminals prior to the intense prosecution program
5. Many misunderstand split sentencing and believe
a.
sentences are split between rehabilitation and incapacitation and offenders are beating the
system
b.
split sentences are just another word for probation where offenders are not actually
incarcerated
c.
the criminal justice system is tough because split sentences include incarceration to jail
and then prison
d.
the criminal justice system is weaker than it actually is if only accounting for offenders
sentenced to prison and excluding split sentences
6. The reason why career criminal prosecution programs do not dramatically increase conviction
rates and prison sentences is because
a.
the criminal justice system is already tough on repeat offenders who have committed a
serious crime
b.
the courtroom work group tends to evade career criminal prosecution programs and
dismisses these cases early on
c.
the courtroom work group tends to make decisions based on their local going rate which
includes many plea bargains to lesser charges not covered in the programs
d.
All of the above
e.
none of the above
7. In the early 1980s __________ sparked a national outcry and changes to laws on the insanity
defense.
a.
news coverage of the inhumane treatment of people in mental hospitals
b.
research on the number of defendants who feign insanity to beat the rap
c.
John W. Hinckley’s acquittal for attempting to assassinate President Ronald Reagan
d.
all of the above
8. Changes in the insanity defense have included efforts to
a.
shift the burden of proof to the defendant
in such cases
c.
allow for a “guilty by mentally ill” verdict
b.
abolish the insanity defense
d.
all of the above
9. Despite the fact that the insanity defense is raised in less than 1% of all criminal indictments, one
poll found that people believed nearly __% of all criminal defendants used it.
a.
95
c.
87
b.
66
d.
40
10. Persons hospitalized after being found not guilty by reason of insanity
a.
can be released in as short as one week and most of them stay less than one month
b.
must pay for their psychiatric treatment where the state pays for incarceration
c.
spend more time confined in hospitals than comparable offenders sent to prison
d.
have usually feigned mental illness and escaped punishment through this loophole
11. The landmark Supreme Court case of Baxstrom v. Herold
a.
forced the release of persons held for long periods of time in mental hospitals and
necessitated development of new procedures for continued confinement
b.
held offenders must pay for their psychiatric treatment where the state pays for
incarceration
c.
held mentally ill offenders can be forced to take medications to help in their own defense
d.
allowed for the GBMI verdict
12. Steadman found that defendants claiming they were incompetent to stand trial spent how much
time committed to an institution prior to trial?
a.
2 days
c.
2 months
b.
2 weeks
d.
2 years
13. A recent review of the literature concluded that the recidivism rate for persons acquitted by
reason of insanity was
a.
greater than that of felons
c.
less than that of felons
b.
no greater than that of felons
d.
none of the above
14. Currently, insanity is a(n) _____(1)_____ defense not a(n) _____(2)_____ defense.
a.
(1) affirmative (2) ordinary
c.
(1) rich person’s (2) poor person’s
b.
(1) over used (2) rarely used
d.
(1) extraordinary (2) ordinary
15. __________ has three flaws including that it does not guarantee treatment for the person who
uses it.
a.
GBMI
c.
insanity defense
b.
NGRI
d.
banning the insanity defense
16. GBMI is a bogus reform because
a.
research demonstrates that the courtroom work group evades it
b.
it allows defendants to claim they are incompetent to stand trial and essentially beat the
rap
c.
it affects defendants who would have been found guilty, not defendants who would have
been found NGRI
d.
successful use of the insanity defense actually results in time spent in a mental hospital
that is similar to what a guilty offender would serve in prison
17. The real function of the GBMI verdict is that it is
a. cheaper to implement than NGRI
b. symbolic to appease public opinion
c. what the courtroom workgroup is doing
d. intended to reduce serious crime
18. The insanity defense has been misinterpreted and abused by
a.
defendants
c.
the public
b.
the courtroom work group
d.
politicians and journalists
19. What percent of all felony cases in large urban courts were settled by a guilty plea in 2006?
a.
almost none
c.
half
b.
a small minority
d.
the vast majority
20. When Alaska banned plea bargaining
a.
the courtroom work group evaded the ban
b.
the criminal courts collapsed
c.
there was a dramatic change in the rate of guilty pleas
d.
trials increased slightly
21. As a result of the plea bargaining ban in Alaska
a.
the rate of dismissals remained consistently low
b.
the rate of dismissals remained consistently high
c.
the rate of dismissals increased as predicted
d.
the rate of dismissals decreased surprisingly
22. One surprising result of the ban on plea bargaining was that
a.
cases moved through the courts faster than before
b.
discretion shifted upstream and police officers made fewer arrests
c.
the increase in trials increased case processing time
d.
prosecutors dismissed cases earlier and more quickly
23. The most significant result of the ban on plea bargaining in Alaska was that
a.
it increased the number of trials for defendants charged with serious crimes
b.
it increased sentence length for defendants charged with serious crimes
c.
it had no impact on defendants charged with serious crimes or substantial criminal records
d.
it closed the loophole and got tough on prior offenders charged with serious crimes
24. What happened when plea bargaining was banned in Alaska?
a.
case disposition time increased
b.
the number of defendants demanding trials tripled
c.
less serious offenders were punished more severely
d.
plea bargaining became a hidden process
25. Plea bargaining reform in Washington included
a.
a ban on gun-related plea bargaining
b.
a highly structured and horizontal process of handling cases
c.
less supervision for attorneys
d.
a vertical approach to prosecution
26. An evaluation of King County’s reform of plea bargaining found
a.
bans on plea bargaining were unconstitutional and are quickly overturned
b.
crime was reduced because defendants who had previously been treated leniently went to
prison which produced both a general deterrent and incapacitated dangerous offenders
c.
the plea bargaining charging guidelines significantly changed how cases were handled
d.
high consistency among cases as the courtroom workgroup collaborated on appropriate
charges and punishment
27. Walker maintains that, based on the evidence,
a.
plea bargaining is a phantom loophole
b.
abolishing plea bargaining will reduce serious crime
c.
plea bargaining allows serious offenders to beat the system
d.
abolishing plea bargaining will reduce less serious crime
28. In studies of plea bargaining, it has been found
a.
that abolishing plea negotiations reduced serious crimes
b.
a vast change in the way the courtroom workgroup occurred
c.
a high degree of regularity and predictability occurs in the disposition of cases
d.
that the ability to predict the outcome is based on all charges filed
29. Conservatives feel that post-conviction appeals are
a.
necessary to minimize the occurrence of mistakes
b.
a loophole that undermines the deterrent effect
c.
a waste of time since so few are successful
d.
a good way to give the impression that justice is being done
30. The writ of habeas corpus
a.
is a device to challenge the detention of a person taken into custody
b.
is a three-year statute of limitations regarding post-conviction appeals
c.
was rejected by the Supreme Court in Fay v. Noia
d.
all of the above
e.
none of the above
31. The Supreme Court decision Fay v. Noia would be most disliked by whom?
a.
prosecutors
c.
conservatives
b.
liberals
d.
inmates
32. A study of habeas corpus petitions found that
a.
they represented 4% of the civil court case filings in U.S. District Courts
b.
the most frequent claim was ineffective assistance of counsel
c.
only 1% of them succeeded
d.
all of the above
e.
none of the above
33. The chapter reported appeals to be rarely used with the exception of
a.
celebrated cases and civil disputes
c.
habeas corpus petitions
b.
death row inmates and writ writers
d.
due process challenges
34. The effect of the 1996 Antiterrorism and Effective Death Penalty Act is difficult to determine
because
a.
it limits the time between crime and
punishment
c.
capital punishment fell out of favor a few
years after the law was passed
b.
it was repealed immediately because it
negates the right to habeas corpus
d.
courtroom work groups chose to
circumvent the law
35. One of the factors noted in the chapter that explains why so few cases are appealed is
a.
most inmates are executed before they are able to file appeals
b.
inmates are too poor and uneducated to hire attorneys
c.
most convictions are obtained through plea bargaining
d.
most inmates adapt to the routine of prison and want to stay
SHORT ANSWER
1. Defend the argument that special prosecution units do not result in any better or worse results
than traditional prosecutions.
2. Defend the argument that defendants who successfully use the insanity defense are not beating
the system.
3. Explain the costs and benefits of adopting the GBMI verdict.
4. Compare and contrast the actual effects of Alaska’s plea bargaining ban and King County’s
reform of plea negotiations.
5. Defend the argument that limiting appeals will not reduce serious crime.