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Chapter 9
DEFENDANTS, VICTIMS, AND WITNESSES
TEST BANK
MULTIPLE CHOICE
1. Victims and witnesses face frustrations in coping with the court process
a.
but overall exhibit surprising support
for the system
c.
and overall resent the system as a
result
b.
and almost never show up for court
d.
none of these answers is correct
2. Compared to the average citizen, a felony defendant is more likely to be
a.
younger
c.
a racial minority
b.
male
d.
All of these answers are correct
3. The three most prominent defendant characteristics used in the discussion of crime and
crime policy are
a.
age, race, and marital status
c.
family background, sex, and age
b.
race, education, and income
d.
sex, poverty, and race
4. What are victim/witness assistance programs designed to do?
a.
help navigate the court process
b.
provide economic assistance
c.
provide rights for victims
d.
All of these answers are correct
5. In crimes of violence such as assaults, robberies, and rapes, Hispanic women report the
crime to the authorities what percent of the time?
a.
10
c.
35
b.
25
d.
50
171
6. Prior relationships are most notable in what kind of crime?
a.
homicide
c.
assault
b.
domestic violence
d.
theft
7. Members of the courtroom work group become frustrated when victims and witnesses
a.
do not cooperate
c.
are intimidated by the defendant
b.
are intimidated by the defendant’s
friends
d.
all of these answers are correct
8. Historically, police officers made an arrest only as a last resort in what crime?
a.
assault
c.
Homicide
b.
prostitution
d.
intimate-partner violence
9. Which of the following court participants is supposed to stand at the center of the
criminal court drama?
a.
the prosecutor
c.
the defense attorney
b.
the defendant
d.
the judge
10. Most members of the courtroom work group are essentially part of what class?
a.
the urban underclass
c.
the middle class
b.
the lower class
d.
the upper class
11. It is estimated that career criminals commit what percent of crimes?
a.
over 40%
b.
over 50%
c.
over 60%
d.
over 70%
12. Most of what we know about the ordeal of testifying in court comes from research on
victims of
a.
rape.
c.
assault.
b.
robbery.
d.
burglary.
172
13. Which participants in the criminal justice system have traditionally been forgotten?
a.
Defendants
c.
Defense attorneys
b.
Victims and witnesses
d.
Members of juries
14. In what decade was attention seriously devoted to the problems faces by victims and
witnesses in court?
a.
the 1950s
b.
the 1970s
c.
the 1980s
d.
the 1960s
15. What annual event focuses on the plight of crime victims?
a.
National Crime Victims Week
b.
National Crime Victims Month
c.
Crime Victim Awareness Month
d.
Crime Victim Awareness Day
16. What types of organizations are involved in the victims’ rights movement?
a.
local organizations
b.
state organizations
c.
national organizations
d.
local, state, and national organizations
17. Nationwide, approximately what percentage of violent crimes are committed by relatives,
friends, or acquaintances of the victim?
a.
5%
c.
50%
b.
20%
d.
90%
18. The most important victim characteristic that influences case processing is
a.
the victim’s race
b.
the victim’s age
c.
the victim’s social class
d.
the victim’s relationship with the offender
19. What statements consist of written or oral information about the impact of crime on the
victim and the victim’s family?
a.
victim impact statements
b.
victim testimony
c.
eyewitness testimony
d.
circumstantial evidence
20. The case of Thurman v. Torrington involved what crime?
a.
rape
b.
domestic violence
c.
assault
d.
homicide
21. What is the lack of cooperation by victims and witnesses in low-income, high crime
neighborhoods often called?
a.
legal cynicism
c.
victim cynicism
b.
witness cynicism
d.
victim/witness cynicism
22. Most victim compensation programs
a.
reimburse victims for lost or damaged property.
b.
provide for the recovery of medical expenses and some lost wages.
c.
ensure that defendants pay restitution.
d.
All of these answers are correct.
23. Which of the following is not a requirement of victim compensation fund programs?
a.
victims must assist in the prosecution of the defendant.
b.
victims must be “innocent victims.”
c.
victims living in the same household as the offender are ineligible.
d.
The defendant must be found guilty in court.
24. What happens when victims
a.
lack of cooperation
b.
they don’t like victims
c.
they deserve
d.
Researchers consistently find that victims who receive help are more likely to
cooperate with prosecutors; they are more likely to appear in court when
summoned than those not assisted.
25. The first victim compensation program in the United States began in what state?
a.
California
c.
New York
b.
Michigan
d.
Wisconsin
26. What is the name of the first Hispanic appointed to the United States Supreme Court?
a.
Scalia
b.
Breyer
c.
Kagan
d.
Sotomayor
27. What race of defendants is mostly like to be imprisoned?
a.
white
b. Hispanic
c. Asian
d. Black
28. The largest victim advocacy group is
a.
the American Association of Retired People.
b.
Mothers Against Drunk Driving.
c.
the Center for Missing and Exploited Children.
d.
Handgun Control Incorporated.
29. What was the legal issue presented to the U.S. Supreme Court in Payne v. Tennessee
(1991)?
a.
victim characteristics
b.
”Son of Sam” law
c.
victim impact statements
d.
mandatory restitution
30. Some see the victims’ movement as providing much needed support for victims of crime.
Others view the victims’ movement as manipulating victims by providing
a.
money but no support
c.
support but no money
b.
symbols but no substance
d.
substance but no symbols
31. In what way(s) are defendants likely to volunteer information that might hurt them in
court?
a.
all forms of social media
b.
Twitter
c.
Facebook
d.
e-mail
32. As prosecutorial dominance increased, what else also happened?
a.
the power of the victim declined
b.
the power of the victim increased
c.
the power of the victim remained the same
d.
the authority of the judge was undermined
33. Although enthusiasm for helping victims is clearly growing what problem still exists?
a.
the willingness to pay for the necessary services is not always present.
b.
the ability to pay for the necessary services is not always present.
c.
the time to pay for the necessary services is not always present.
d.
the willingness to pay for the necessary services is always present.
176
34. Which of the following are hardships faced by victims and witnesses?
a.
getting the courthouse, parking, and trial delays
b.
getting the courthouse
c.
parking
d.
trial delays
35. What kind of offender is more likely to have experienced neglect, abuse, or violence in
his/her families?
a.
white-collar offenders
c.
property offenders
b.
purse snatchers
d.
violent offenders
36. When a criminal defendant acts pro se, courts have the discretion to appoint
a.
a guardian ad litum
b.
a victim mediator
c.
shadow counsel
d.
mediating counsel
37. Which of the following statements is true of many victims and witnesses?
a.
they are eager to become involved in the criminal justice process
b.
they are indifferent to becoming involved in the criminal justice process
c.
they are reluctant to become involved in the criminal justice process
d.
they are unnecessary in the criminal justice process
CRITICAL THINKING SCENARIOS
CASE 9.1
Dharun Ravi, a freshman at Rutgers University, used a web cam to spy on his gay roommate’s
dorm-room sexual encounters and streamed the video (Shallwani, 2012). A few days later his
roommate Tyler Clementi, a talented young musician, committed suicide. These events quickly
became the subject of intense national interest and Ravi was charged under New Jersey law with
hate crime, invasion of privacy, witness intimidation, and bias intimidation (but not murder).
38. What was the basis of the governments’ case?
a.
twitter feeds, Facebook posts, text message, e-mails and other chatter
b.
eyewitness testimony and forensic evidence
c.
forensic evidence and confession
d.
eyewitness testimony and circumstantial evidence
39. The jury in the Ravi case decided that the evidence
a.
elevated the crime
b.
reduced the crime
c.
mitigated the crime
d.
waived the crime
CASE 9.2
The criminal courts confront a double bind with regard to victims. On the one hand, victims are
valued for the cases they bring to the system; their misfortunes become the raw material of the
court process. On the other hand, individual victims represent a potential source of irrationality
in the process. The personal and often emotional involvement of victims in the crime experience
can generate particular demands for case outcomes that have little to do with the public interest.
40. Members of the courtroom work group may perceive that the victim’s demands for public
justice actually mask a desire for
a.
private vengeance
b.
private regret
c.
public vengeance
d.
public vindication
41. Members of the courtroom workgroup know that the same individual may, at different
times,
a.
be a victim, a witness, and an offender
b.
be a victim and an offender
c.
be a witness and an offender
d.
be an offender
42. What percentage of all major crimes are never reported to the police?
a.
more than half.
b.
less than half.
c.
more than one fourth.
d.
less than one third.
CASE 9.3
In some ways, victims of crimes are a diverse lot including the rich and the poor, the young and
the old, and men as well as women. This diversity aside, however, crime victims are more likely
to be young, nonwhite, male, divorced or never married, low income, and unemployed (Truman,
2011; Elias, 1986). Thus in many ways the profile of victims matches that of defendants.
43. Which of the following is true based on decades of research?
a.
offenders and victims often possess the same characteristics
b.
offenders and victims often engage in many of the same behaviors
c.
offenders and victims often possess the same characteristics and engage in many of
the same behaviors
d.
offenders and victims rarely possess the same characteristics
44. In what percent of all felony arrests in New York did the victim have a prior relationship
with the offender?
a.
fifty percent
b.
forty percent
c.
sixty percent
d.
seventy percent
45. What crime, in particular, are offenders strangers only 14% of the time?
a.
rape
b.
burglary
c.
theft
d.
homicide
TRUE/FALSE
1. Researchers estimate that over 70 percent of all serious offenses are committed by
roughly seven percent of offenders.
2. When victims cooperate with the prosecution, the odds that a case will be prosecuted
increase dramatically.
179
3. Conviction of a parent is not correlated with the likelihood of a child offending and being
convicted.
4. Rates of female involvement in the criminal justice system have been increasing in recent
years, but their absolute numbers still fall well below those of males.
5. Lack of trust in governmental authorities is one reason Latinos often do not report crimes
to the police.
6. Members of the courtroom work group generally enjoy interacting with victims and
witnesses.
7. In roughly half the crimes of violence, defendant and victim had a prior relationship.
8. Some studies focusing on victims have identified ways in which the courts have ignored
the interests of victims and witnesses.
9. As prosecutorial dominance increased in the United States, the power of victims declined.
10. After cross-examination, witnesses and victims often report feeling as if they have been
put on trial.
11. Because of the problems and frustrations that many experience in the handling of their
cases, victims and witnesses express little overall support for the court process.
180
12. Some see the victim’s movement as providing needed support for victims of crime.
13. Lack of cooperation on the part of victims of crime is referred to by scholars as indigent
cynicism.
14. Some see the victim’s movement as manipulating victims by providing symbols but no
substance.
15. Victims and witnesses are generally eager to work with the criminal justice system.
16. Witness-related problems result in a significant number of cases being dropped by the
prosecutor or the judge.
17. Homicides are usually committed by someone the victim knows by sight; in fact, the
victim and the perpetrator are strangers in less than 15 percent of all murders.
18. The criminalization of domestic violence has not greatly increased the workload of the
courts.
19. Legal sanctions against domestic violence are limited to criminal law.
20. Victim/witness assistance programs provide economic assistance for victims of crime.
21. The criminal justice system has done little to help victims recover from the financial and
emotional problems they suffer.
22. Most jurisdiction have made recent legislative changes making civil protections orders
difficult for victims to obtain.
23. Civil lawsuits are an effective way for victims to receive compensation from defendants.
24. SVU often bases its storylines on real cases.
25. Some programs that claim to be “victims’ assistance” programs are actually focused on
the punishment of defendants.
COMPLETION
1. Researchers estimate that over 70 percent of all serious offenses are committed by
roughly seven percent of offenders, a group commonly referred to as _____.
2. Three characteristics of defendants—sex, poverty, and _____—figure prominently in
discussions of crime and crime policy.
182
3. Defendants are overwhelmingly _____and mostly economically underclass, and racial
minorities are overrepresented.
4. As _____ dominance increased, the power of the victim decreased.
5. One of the hardships victims and witnesses face while participating in the criminal court
process is trial _____.
6. Victim’s Bill of Rights seek to provide rights for victims because _____ already have
rights.
7. Many victims and witnesses are _____ to become involved in the criminal justice
process.
8. In roughly _____of the crimes of violence, the defendant and victim had a prior
relationship.
9. At times members of the courtroom work group perceive that the victim’s demands for
public justice actually mask a desire for private _____.
10. Victim cooperation with the prosecution dramatically _____the odds that a case will be
prosecuted.
11. Witness _____may take the form of threats of violence or actual violence itself against
the person in question or his or her friends and family members.
12. Victim/witness _____ programs are designed to help better navigate the court process.
13. Typical felony defendants possess few of the _____ needed to compete successfully in an
increasingly technological society.
14. Victims of domestic violence may request a civil _____ order.
15. The Victim and Witness _____ Act, a federal law passed in 1982, required greater
protection of victims and witnesses and also mandated guidelines for the fair treatment of
victims and witnesses in federal criminal cases.
16. Not all _____behavior can be blamed on victims and witnesses.
17. Most states have a “_____ exclusion” clause which makes victims living in the same
household as the offender ineligible for victim compensation.
18. Victim/witness _____ programs encourage cooperation in the court process by reducing
inconveniences faced by citizens appearing in court.
19. The presumption is that the adjudication process is characterized by an adversarial model.
The _____ is that the courtroom work group has a mutual interest in processing large
numbers of cases expeditiously.
20. Victim advocacy groups have become a powerful _____ voice.
ESSAY
1. Discuss the characteristics of the typical felony defendant. How do these characteristics
differ from those of the typical courtroom work group member? What might be the
consequence of these different characteristics between the defendant and work group
members?
2. Identify and describe three types of programs/initiatives designed to aid victims in coping
with the criminal justice process.
3. What prompted the passage of the Victim and Witness Protection Act? In what way(s)
did the Act help victims and witnesses?
4. Discuss five practical hardships that victims and witnesses face when participating in the
criminal justice process. For example, witnesses must not only find the courthouse and
affordable parking, but they must also endure long waits in uncomfortable surroundings
and often do not know exactly what is going on in the courtroom where they have been
summoned to appear.
5. Members of the courtroom work group become frustrated when victims and witnesses do
not cooperate and are intimidated by the defendant or the defendant’s friends and family.
Describe some ways victims and witnesses can be uncooperative. What issues do you
think the court should address to deal with this failure to cooperate?
6. What types of prior relationships exist between defendants and victims, and why is this
important in domestic violence cases?
7. The victims’ movement is seen as providing much needed support for victims of crime by
some but as manipulating victims by providing symbols but no substance by others.
Explain the arguments on each side of this issue. Which side do you support? Why?
8. Domestic violence laws began to change as society started to view domestic violence as
an important social issue. Discuss the impact of such changes.
