Quiz 2

Question 1

What’s the difference between homicide and murder?

Answer 1

Homicide is the killing of another human being whether intentional or not. Murder is when you plan and then carry out a killing.

Question 2

Which (Due Process or Crime Control) favors:
1. Quick sentencing
2. Rehabilitation
3. Deterrence
4. Rights of accuse

Answer 2

1)Crime control
2) Due process
3)Crime control
4)Due process

Question 3

What happens if you get too much Due Process? What happens with too much Crime Control?

Answer 3

Too much Due process can lead to riots, gangs, high crime, and street justice.

Too much crime control can lead to repression, secret police,lack of privacy, and extreme punishment.

Question 4

Describe Type I and Type II errors. Which is a false negative?
What is a Type I error in a jury trial?

Answer 4

Type 1: false positive, you think you have the criminal but do not. A innocent person has gone to jail

Type two: false negative, you think they are innocent but they are not

Question 5

What is moral dumb-founding? How does it indicate a problem for writing laws?

Answer 5

Moral dumb-founding is the fact that we don’t understand our own moral system. There for writing laws that match our morals is hard. How do you write a laws for something that you can’t explain why its wrong?

Question 6

What is the reasonable man test in laws? Why is it there?

Answer 6

Reasonable man test: is a reasonable citizen is scared then it is against the law. This is here because there are aberrations in every law.

Question 7

Describe the Castle Doctrine.

Describe the Duty to Retreat in some self defense laws.

Answer 7

Castle Doctrine says that if someone comes on to your property or tries to steal your possession then you can use force to get rid of them

However some have the Duty to Retreat which says that if you can leave safely then you have the ability to leave you should

Question 8

What is the general purpose of discretion in the CJS?

Answer 8

Discretion as a general definition is the ability to apply a rule or not. The freedom to act or not to act.

Question 9

List the four “C”s in the Criminal Justice System. Describe the discretion given to each

Answer 9

Citizens: can be victims, complainants, or offender, ability to report crime, jury nullification
Corrections: prison policies, granting parole, revoking probation
Courts: Negotiation of charge, plea bargains, dismissal, introduction of evidence
Cops: Pad the “stats”, mood, ethic/sex bias, and demeanor of suspect

Question 10

Define Discretion

What is abuse of discretion?

Answer 10

The ability to choose to enforce a law or not.
Prosecutors: charging people who won’t be convicted, not taking into account circumstances
Police: police discretion is not to be enforced on all laws
Citizens: Jury nullification

Question 11

What is Jury Nullification?

How is it an example of discretion?

Answer 11

The ability for the jury in a court case to disregard the evidence against the wrongdoer and acquit. This is the citizens practicing discretion and influencing law

Question 12

Name some tradeoffs in the criminal justice system.

Answer 12

Due process v crime control

Individual liberty v. Social civility

Question 13

What is the term for laws that are written by legislatures?

Answer 13

Statutory laws

Question 14

What is the term for laws that are in the Constitution?

Answer 14

Constitutional law

Question 15

What is the term for laws that are written by federal agencies?

Answer 15

Administrative laws

Question 16

If a governor declares martial law, what kind of law is this?

Answer 16

Executive order

Question 17

When judges make decisions, what kind of law does this create?

Answer 17

Case law

Question 18

What’s the difference between substantive and procedural law?

Answer 18

Substantive law: The “what” of the law, the law that defines rights and duties
Procedural law: the procedures that must be followed when carrying out the law

Question 19

What’s the difference between Civil and Criminal Law? Are these substantive or procedural laws typically?

Answer 19

Civil law: deals with issues pertaining to issues between two individuals concerning private matters
Criminal law: is between individuals and the government who are accused of violating government-created laws

Question 20

What is the Bill of Rights?

Answer 20

The bill of rights is the first 10 amendments of the constitution.

Question 21

Which Amendment to the Constitution protects freedom of speech and religion?

Answer 21

Amendment 1

Question 22

Which Amendment to the Constitution protects the right to bear arms?

Answer 22

Amendment 2

Question 23

Which Amendment to the Constitution protects against unreasonable searches?

Answer 23

The 4th Amendment

Question 24

Which Amendment to the Constitution protects the right to a jury trial?

Answer 24

Amendment 6

Question 25

Which Amendment to the Constitution prevents cruel and unusual punishment?

Answer 25

Amendment 8

Question 26

What is the M’Naghten Rule?

Answer 26

Individuals must prove that they were in a state of mind that they did not know what they were doing or that what they were doing was wrong

Question 27

What is the double jeopardy provision?

Answer 27

One person can not be tried for the same crime twice

Question 28

What is the right to habeas corpus?

Answer 28

Allows an individual to challenge illegal confinement by the government

Question 29

What is the ex post facto provision?

Answer 29

Prohibits retroactive laws; a law passed tomorrow can not be implemented on the happenings of today

Question 30

What are the dangers of talking to the police?
What if you are innocent?

Answer 30

You could self-incriminate yourself even if you are innocent. Most are going to confess guilt and those who don’t their words will be used could be used against them in a court of law.

Question 31

You watched a video in class. What tradeoffs did the video not mention? i.e. Why should you talk to the police sometimes?

Answer 31

There are several trade offs not mentioned but a big one is a distrust in the police. If not talking to the police can benefit you when it comes to court and crime then why should the people trust them. This then leads to crimes not being reported so that people are not accused or ridiculed for things that happened to them or they did not do.

Question 32

What is the difference between assault and battery?

Answer 32

Assault:an act that causes a person to fear and attack
-requires intent
Battery:unwanted,offensive contact (touching)
E.g. punching, spitting

Question 33

What is the difference between: larceny, robbery, and burglary?

Answer 33

Larceny: “petty” usually under $200. Grand is more than $200
Robbery: Theft use of coercion, “armed robbery”
Burglary: Breaking and entering with the intent to steal
-E.G burgal a house