Q&A Hero

Q: Which of the following authorizes an inmate's claims against the United States for money damages, for injury or loss of property caused by the negligent or wrongful act or omission of any employee in the government while acting within the scope of his office or employment? a. Prison Litigation Reform Act b. Federal Tort Claims Act c. Civil Rights of Institutionalized Persons Act d. Civil Rights Act

Q: Dying declarations and spontaneous statements are considered exceptions to the hearsay rule.

Q: As defenses, justifications claim a kind of moral high ground. Justifications may be offered by people who find themselves forced to choose between "two evils." Generally speaking, conduct that a person believes is necessary to avoid harm to him or to another is justifiable if the harm he is trying to avoid is greater than the harm the law defining the offense seeks to avoid. Define and comment on three of the six categories that are applicable to this defense. Analyze their good and bad points.

Q: The socialization of new inmates into the prison subculture is called ________. a. administration b. prisonization c. neutralization d. adaptation

Q: If a defendant refuses to testify at trial, the prosecution can tell the jury this is an indication that the person is guilty.

Q: What is the purpose of law? Would a society exist without laws? Comment on and analyze the pros and cons of these issues giving examples to support your opinions.

Q: An enclosed facility separated from society both socially and physically, where the inhabitants share all aspects of their daily lives, is called a ________ institution. a. correctional b. total c. regimented d. juvenile

Q: Scientific jury selection uses correlational techniques from the social sciences to gauge the likelihood that a potential juror will vote for conviction or acquittal.

Q: Procedural defenses make the claim that the defendant was in some manner discriminated against in the justice process or that some important aspect of official procedure was not properly followed. List and define four of these defenses while commenting on their good and bad points.

Q: Prison language is also called ________. a. convict talk b. prison argot c. "the code" d. the secret vocabulary

Q: The "golden age" of crime victims refers to a time during the Middle Ages when victims played a central role in trial and sentencing proceedings.

Q: By definition a criminal action requires actus reus, mens rea, and concurrence to occur. Define and gives examples of these three actions.

Q: Inmates have a reasonable expectation of privacy in their cells under the Fourth Amendment.

Q: The Missouri Plan for judicial selection combines elements of both election and appointment.

Q: Compare and contrast the difference between felonies, misdemeanors, and infractions.

Q: Few facilities for women have programs especially designed for female offenders.

Q: By law and judicial precedent, television cameras are permitted in all state and federal courtrooms.

Q: The M"Naghten rule, the Durham rule, and the Brawner rule all are connected with insanity defense in criminal court. Define each rule and emphasize the difference between the three.

Q: Like inmates, correctional officers are socialized into the official and unofficial rules of staff society.

Q: An indigent suspect charged with a misdemeanor for which he or she could be sentenced to a term of imprisonment has the constitutional right to be represented by counsel.

Q: List and define the five categories of criminal law violations. Give examples of each category of law.

Q: The primary concern of correctional officers today is the effective rehabilitation of inmates.

Q: Defendants have the constitutional right to represent themselves.

Q: Which of the following rules states that a person can only defend a third party under circumstances and only to the degree that the third party could act? a. M"Naghten Rule b. retreat rule c. alter ego rule d. Durham rule

Q: A prisoner's mail can be banned if the ban is reasonably related to legitimate penological interests.

Q: The current system to represent the indigent is always well-funded.

Q: The facts surrounding an event are known as ________. a. third party circumstances b. criminal circumstances c. attendant circumstances d. special circumstances

Q: The Prison Litigation Reform Act requires judges to screen all inmate complaints against the federal government and to immediately dismiss those deemed frivolous or without merit.

Q: A prosecutor is absolutely immune from liability for giving legal advice to the police.

Q: Bob runs a stop sign. He didn"t see the sign and he had no intention of breaking the law. He is guilty of a(n) ________. a. strict liability offense b. procedural defense c. juvenile offense d. inchoate offense

Q: Most sexual aggressors in prison consider themselves homosexuals.

Q: The attorney"client privilege is so strong that it is unethical for an attorney to disclose incriminating information about a client, even to prevent death or substantial bodily harm.

Q: A person's reason for committing a crime is a(n) ________. a. motive b. negligence c. concurrence d. causation

Q: Fewer incarcerated women than men have been sexually or physically abused before they are incarcerated.

Q: Exculpatory evidence is defined as any information having a tendency to clear a person of guilt or blame.

Q: An activity that increases the risk of harm is called _______ behavior. a. knowing b. purposeful c. negligent d. reckless

Q: The aftereffects of a sexual assault in prison are short-term.

Q: Prosecutors are required to assist the defense in building its case by making available any evidence in their possession.

Q: Which of the following is the degree of force that is appropriate in a given situation and that is not excessive? a. self-defense b. reasonable force c. alter ego rule d. deadly force

Q: Research indicates that prison subcultures have been stable over time despite changes in the wider culture.

Q: Comment on and analyze the history, purpose, and rationale for the Dispute Resolution Center. Define the benefits and drawbacks to this program.

Q: A criminal offense that is punishable by death or by incarceration in a prison facility for at least one year is called a(n) ________. a. felony b. offense c. misdemeanor d. infraction

Q: Two-thirds of incarcerated women have minor children.

Q: The U.S. has two separate court systems that function within the American criminal justice system today: the federal court system and the state court system. List and define three of the similarities and differences between the two systems.

Q: The legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases is called ________. a. ex post facto b. jurisprudence c. precedent d. justification

Q: Sexual aggressors in prison have themselves suffered much damage to their masculinity in the past.

Q: Prosecutorial discretion is the decision-making power of prosecutors, which is based on the wide range of choices available to them. List and define three of these areas. Include the benefits and pitfalls of each area.

Q: The body of rules and regulations that define and specify the nature of and punishments for offenses of a public nature for wrongs committed against the state or society is called ________. a. criminal law b. procedural law c. administrative law d. civil law

Q: African American women are eight times more likely than white women to be incarcerated.

Q: List and define the three-tiered structure of the federal court system.

Q: The Constitution prohibits the enactment of ________ laws, which make acts committed before the laws in question were passed punishable as crimes. a. actus reus b. ex post facto c. corpus delicti d. stare decisis

Q: The last prison riot in America was the uprising at Attica Prison in New York in 1971.

Q: What is the primary purpose of the preliminary hearing? a. to give the defendant the opportunity to challenge the legal basis for detention b. to once again inform the defendant of the specific charges against him or her c. to allow the defendant to enter a plea d. to help ensure reappearance of the accused

Q: Which constitutional amendment guarantees the right to a speedy trial? a. Fourth b. Eighth c. Fifth d. Sixth

Q: The U.S. Supreme Court has barred inmates from suing state prisons under the Americans with Disabilities Act.

Q: When a defendant "stands mute" at his arraignment, he is considered to have entered a ________. a. no-contest plea b. not guilty plea c. guilty plea d. negotiated plea

Q: Which Supreme Court case states that prisoners who become insane while incarcerated cannot be executed? a. Ford v. Wainwright b. U.S. v. Brawner c. Ake v. Oklahoma d. Jones v. U.S.

Q: It is a myth that al-Qaeda recruits members in U.S. prisons.

Q: What type of plea is most similar to a guilty plea? a. no-contest plea b. not guilty plea c. bargained plea d. negotiated plea

Q: When the defendant is incapable of understanding the nature of charges and proceedings, he will be declared ________. a. incompetent to stand trial b. guilty but physically ill c. guilty but insane d. of diminished capacity

Q: Research has shown that within six months prior to release from prison, inmates begin to demonstrate a renewed appreciation for conventional values rather than prison values.

Q: Which of the following is NOT decided during the preliminary hearing? a. whether the crime was committed b. whether the crime occurred within the territorial jurisdiction of the court c. whether the dependant would be allowed to enter a plea d. whether there are reasonable grounds to believe that the defendant is guilty

Q: Which type of a defense is used when a defense attorney claims that the defendant's actions were necessary to ensure his or her safety? a. entrapment b. self-defense c. alibi d. consent

Q: One of the best known internal classification systems in use today's prisons is the adult internal management system (AIMS). AIMS assess an inmate's predatory potential by quantifying three aspects of the inmate's history. List and define those three aspects and explain how effective or ineffective you feel they are.

Q: Approximately what percentage of states use grand juries as part of the pretrial process? a. 30% b. 50% c. 100% d. 20%

Q: Mens rea is most clearly present when a person acts ________. a. knowingly` b. recklessly c. negligently d. accidentally

Q: Privatization of prisons is a hot topic in today's discussion of inmate incarceration. What are some of the advantages and disadvantages for privatizing prisons? Comment on and analyze your views about privatization, supporting your opinions with examples and facts.

Q: Which of the following cases supports the decision by Congress to deny bail to offenders who represent a danger to the community? a. McNabb v.U.S. b. U.S. v. Montalvo-Murillo c. Sell v.U.S. d. U.S. v. Hazzard

Q: What term describes an offense not yet completed? a. misdemeanor b. inchoate c. treason d. espionage

Q: The Bureau of Prisons classifies its institutions into five categories. List and define those five categories and give examples of the type of inmate that is sent to each prison.

Q: The lawful authority of a court to hear cases that arise within a specified geographic area or that involve particular kinds of law violations is known as ________. a. limited jurisdiction b. appellate jurisdiction c. original jurisdiction d. special jurisdiction

Q: Which crime best describes an attempt to overthrow the government of the society of which one is a member? a. espionage b. conspiracy c. treason d. infraction

Q: Today's jails serve many different purposes. Other than holding suspects following arrest and pending trial, explain and define three of additional purposes they serve.

Q: Which of the following laws limits the right to bail for certain kinds of offenders? a. judicial concern law b. offender law c. detention law d. danger law

Q: ________ are generally more serious than ________, but less serious than ________. a. Misdemeanors; offenses; felonies b. Felonies; misdemeanors; offenses c. Misdemeanors; felonies; offenses d. Offenses; misdemeanors; felonies

Q: Female officers working in jails ________. a. are disproportionately skewed toward jobs in the lower ranks b. make up about 50% of the workforce c. are usually regarded negatively by male officers d. are usually not allowed to supervise male inmates in unscreened showers

Q: Approximately ________ of all state-level felony defendants are released before trial. a. 83% b. 57 % c. 91% d. 10%

Q: The principle of recognizing previous decisions as precedents to guide future deliberations is called ________. a. stare decisis b. corpus delicti c. actus reus d. mens rea

Q: Which of the following is NOT one of the operators running private prisons in the United States? a. Cornell Corrections b. Federal Correctional Workforce c. Corrections Corporation of America d. Correctional Services Corporation

Q: Which type of bail is similar to a credit contract? a. deposit bail b. unsecured bonds c. third-party custody d. conditional release