Deck 9: Alternatives to Traditional Prosecution

Question 1

Crisis Intervention Team-trained police officers have been found

A)to be more likely to help individuals get mental health services.
B)to be less likely to use physical force.
C)to be more prepared to deal with persons with mental illness.
D)All of the above

Answer 1

All of the above

Question 2

Problem-solving courts such as community courts, drug courts and mental health courts could all be considered forms of

A)therapeutic jurisprudence.
B)feminist jurisprudence.
C)critical legal studies.
D)altruistic jurisprudence.

Answer 2

therapeutic jurisprudence.

Question 3

As of 2011, there were more than ____________ adult drug courts and __________ juvenile drug courts in the 50 states.

A)1000; 500
B)2000; 500
C)2000, 1000
D)1000; 50

Answer 3

2000; 500

Question 4

Consider the following situation: A jury has been empaneled, and the lawyers tell the jurors what the witnesses would say if they were present.The lawyers answer jurors' questions about the facts of the case, and the judge provides information and answers questions about pertinent law.The jurors then deliberate and render a non-binding verdict.What would this process be called?

A)a focus group
B)arbitration
C)a summary jury trial
D)mediation

Question 5

Which of the following is not true for arbitration?

A)Parties present evidence and arguments.
B)A judge renders the ultimate decision.
C)In some situations, decisions can be appealed.
D)Mandatory arbitration clauses can be included in contracts.

Question 6

Which of the following is not one of the common elements of drug courts?

A)immediate intervention
B)adversarial process
C)determination by judge
D)team approach

Question 7

Annual police encounters with citizens with mental health problems have been estimated at ____________________________.

A)more than 300 encounters per 100,000 population
B)more than 700 encounters per 300,000 population
C)more than 700 encounters per 100,000 population
D)more than 300 encounters per 300,000 population

Question 8

According to Stestowsky (2004), which of the following dispute resolution features do people prefer?

A)Participants prefer a process that provides them control (e.g., control over their own presentation of evidence).
B)Participants prefer a process that allows them to extract themselves from the decision-making process almost entirely.
C)Participants prefer a process that is binding.
D)Participants prefer a process that is settled quickly, as time is the most important feature of all.

Question 9

If one of the parties is not satisfied with the result of a nonbinding arbitration, that litigant

A)can ask that the case be tried before a judge.
B)can ask that the case be tried before a jury.
C)has no recourse; the litigant is bound by the decision.
D)A or B can occur

Question 10

In one study, participants perceived a negotiation as fair when

A)they felt listened to.
B)they perceived the other party as trustworthy.
C)they were treated with courtesy.
D)all of the above

Question 11

Persons diverted at the law enforcement stage of the Sequential Intercept Model are _____________________ non-diverted persons to be arrested during the following year.

A)less likely than
B)more likely than
C)just as likely as
D)none of the above

Question 12

Which of the following statement is not a true statement of what takes place during a summary jury trial?

A)The lawyers argue the case in front of a jury.
B)The lawyers try to answer questions from jurors regarding the facts of the case.
C)The jurors deliberate and make a final decision.
D)The verdict is binding.

Question 13

The number of civil cases decided by trial in the federal courts has decreased significantly from 11.5% in 1962 to __________ as of 2009.

A)15.4%
B)6.1%
C)1.8%
D)1.2%

Question 14

The approach to law that views the law as a vehicle to improve the lives of those involved is

A)therapeutic jurisprudence.
B)feminist jurisprudence.
C)critical legal studies.
D)altruistic jurisprudence.

Question 15

Why do lawyers tend to prefer mediation to arbitration or a trial?

A)Lawyers like the idea that disputes are decided for them rather than settled by them.
B)Lawyers like a situation in which there is a clear winner.
C)Most lawyers enjoy the element of risk present in a mediation.
D)Lawyers like the idea that disputes are settled by them rather than decided for them.

Question 16

People are typically risk averse; they like their conflicts to be settled ________________ rather than __________________.

A)for them; by them
B)by them; for them
C)by others; by themselves
D)none of the above

Question 17

Why has there been a decline in the number of cases being settled in trials?

A)Litigation is expensive.
B)The federal sentencing guidelines encourage offenders to plead guilty by allowing judges to decrease sentences for those who take responsibility for
Their offense.
C)both A and B
D)neither A nor B

Question 18

Some studies have found that persons diverted at the initial hearing stage of the Sequential Intercept Model

A)had fewer days in the hospital when in the community.
B)had fewer arrests.
C)had less homelessness.
D)all of the above

Question 19

In recent years, arbitration has been criticized for

A)moving too quickly and resulting in short-sighted verdicts.
B)not allowing any evidence.
C)being too formal and time consuming.
D)none of the above

Question 20

Which of the following is a justification for community-based alternatives to traditional prosecution?

A)Some alternatives handle offending in a more humanitarian and rehabilitative way.
B)Community-based alternatives are less expensive.
C)Community-based alternatives offer specialized programming that is not typically available in correctional facilities.
D)All of the above

Question 21

In civil cases, federal judges are required to attempt to resolve disputes through alternative
dispute resolution.

Question 22

Limited data suggests that offenders who are diverted to veterans' courts are less likely to re-
offend.

Question 23

Most cases are settled by having a trial.

Question 24

As of 2011, there were more than 250 _______________________ in the United States and more in the planning stage.

A)drug courts
B)mental health courts
C)homeless courts
D)veterans' courts

Question 25

____________ of men and _______________ of women in jails suffer from a serious mental illness or post-traumatic stress disorder.

A)34%; 17:%
B)54%; 27%
C)17%; 34%
D)none of the above

Question 26

Domestic violence courts have been said to

A)have more guilty pleas.
B)have greater compliance with judges' orders.
C)process cases faster.
D)all of the above

Question 27

Veterans' courts first emerged in ___________ and are designed to offer diversionary programs and reduced sentences to veterans with ____________________.

A)2000; serious felonies
B)2000; misdemeanors
C)2008; misdemeanors
D)2008; serious felonies.

Question 28

Despite the success of some community based alternatives to prosecution, it remains less
expensive to incarcerate individuals than to treat and rehabilitate them in the community.

Question 29

Community courts are more likely to incarcerate offenders as part of the disposition of
charges.

Question 30

According to Chapter 9, what have some critics said about problem-solving courts?

A)Guilt or innocence should be determined by a trial.
B)Threatening punishment to force someone to be rehabilitated is not fair.
C)Prosecutors feel pressured to choose rehabilitation of the perpetrator over protection of society.
D)all of the above

Question 31

According to one recent study, some participants in mental health courts feel____________________________.

A)they were wrongly denied the opportunity to participate
B)they were coerced into participating
C)that they did not know the program was voluntary
D)B and C

Question 32

Deinstitutionalization has been linked to higher rates of ______________ for the mentally ill.

A)substance use
B)unemployment
C)incarceration
D)all of the above

Question 33

Mental health courts are the most common type of specialty or problem-solving courts.

Question 34

According to one meta-analysis, offenders who were assigned to drug court had a ____________ recidivism rate, while those who were not had a _______________ recidivism rate.

A)54.5%; 45.5%
B)74.5%; 35.5%
C)45.5%; 54.5%
D)35.5%; 74.5%

Question 35

According to information provided in Chapter 9, which of the following has been observed as a result of participation in homeless courts?

A)increased recidivism by offenders
B)decreased recidivism by offenders
C)fewer deaths of homeless individuals
D)none of the above has been observed

Question 36

Currently, there are only 50 domestic violence courts across the country.

Question 37

Mental health courts have been moderately effective in connecting mentally ill offenders
with treatment and reducing recidivism.

Question 38

There are three stages in the Sequential Intercept Model used to describe community alternatives to traditional prosecution.

Question 39

Verdicts in summary jury trials are simply advisory and are not binding on the involved parties.

Question 40

In cases of divorce and child custody, families who used mediation tend to be more flexible and cooperative than families who litigated.

Question 41

Specialty courts have been criticized because judges in these cases may reflect their own
values and become overly paternalistic.