Deck 7: Concepts of Justice Policy

Question 1

The three broad venues in which justice can be achieved are:

A) Public, private, and combined
B) Criminal, civil, and social
C) Prison, court, and juries
D) All of the above

Answer 1

B

Question 2

A government's ability to promote justice without victims turning tovigilantism is associated with:

A) The degree of peace in a society
B) The victim getting their own justice
C) The government having total control
D) All of the above

Answer 2

A

Question 3

The prosecuting attorney files the formal charges and works to resolve criminal cases by:

A) Listening to the defendant
B) Guilty pleas or convictions at trial
C) Finding all innocent
D) Mediation

Answer 3

B

Question 4

In regards to statutes of limitations:

A) The length of time to file charges is fairly short
B) The length of time to file charges is longer for lesser crimes
C) The more serious the crime, the longer the time period in which charges can be filed
D) The more serious the crime, the shorter the time period in which charges can be filed

Question 5

The more time that elapses between a crime and the filing of charges, the more difficult it is to proceed. This is because:

A) Witnesses will grow older and may forget details of the case
B) Evidence may be misplaced or deteriorate
C) The police and prosecutors initially involved in the case may have moved on in their careers
D) All of the above

Question 6

Take the example of the film Ghosts of Mississippi, which is the story of the trial of Byron De La Beckwith. In 1994, Beckwith was tried and convicted of first degree murder in the assassination of civil rights leader Medgar Evers - a crime that occurred in 1963. This is an example of:

A) Prosecution prohibited by a statute of limitation
B) How few time limits are placed on when criminal charges may be filed
C) Unfair trials
D) Time lapse theory

Question 7

Deprivation of freedom through a prison sentence, inability to hold certain jobs, inability to vote, attaching the label of "convict" or "criminal," are examples of:

A) Consequences of a criminal conviction
B) What happens to those tried for a crime
C) The criminal justice system
D) None of the above

Question 8

A person's behavior does not constitute one of the acts or omissions in the criminal code. This is an example of which characteristic of the criminal justice system?

A) Criminal justice processes apply only when a crime has been committed
B) Criminal justice processes are initiated by the state against the accused
C) The agents responsible for initiating the criminal justice process are government employees
D) Because crimes are viewed as acts against society as a whole, there are few time limits placed on when charges may be filed

Question 9

The police investigate crimes and, based upon probablecause, arrest persons believed to have committed crimes.This is an example of which characteristic of the criminal justice system?

A) Criminal justice processes apply only when a crime has been committed
B) Criminal justice processes are initiated by the state against the accused
C) The agents responsible for initiating the criminal justice process are government employees
D) Because crimes are viewed as acts against society as a whole, there are few time limits placed on when charges may be filed

Question 10

All crimes are technically considered crimes against the state, or government. This is an example of which characteristic of the criminal justice system?

A) Criminal justice processes apply only when a crime has been committed
B) Criminal justice processes are initiated by the state against the accused
C) The agents responsible for initiating the criminal justice process are government employees
D) Because crimes are viewed as acts against society as a whole, there are few time limits placed on when charges may be filed

Question 11

There is generally no statute of limitations for murder and other very serious crimes. This is an example of which characteristic of the criminal justice system?

A) Criminal justice processes apply only when a crime has been committed
B) Criminal justice processes are initiated by the state against the accused
C) The agents responsible for initiating the criminal justice process are government employees
D) Because crimes are viewed as acts against society as a whole, there are few time limits placed on when charges may be filed

Question 12

The state sets a very high bar before it determines guilt.This is an example of which characteristic of the criminal justice system?

A) Criminal justice processes apply only when a crime has been committed
B) Criminal justice processes are initiated by the state against the accused
C) The agents responsible for initiating the criminal justice process are government employees
D) In the criminal justice system, proof of guilt must be beyond a reasonable doubt

Question 13

Each jurisdiction's legal code defines what that criminal punishment entails. This is an example of which characteristic of the criminal justice system?

A) In the criminal justice system, proof of guilt must be beyond a reasonable doubt
B) Upon pleading guilty or being found guilty, a defendant may receive criminal punishment
C) The agents responsible for initiating the criminal justice process are government employees
D) None of the above

Question 14

Under civil justice, individuals may sue when they believe they have been harmed in some way. This is an example of which characteristic of civil justice?

A) The burden of proof in civil court is by a preponderance of evidence
B) The civil justice process is initiated by individuals
C) The agents responsible for pursuing civil justice lawsuits are private attorneys
D) Civil court places more time limits on bringing a case forward

Question 15

In civil law, attorneys instead base their arguments, and judges base their decisions, on:

A) Precise statutes
B) Common law and on the particular circumstances of each case
C) A specific listing of all possible harms addressed in tort law
D) All of the above

Question 16

The civil justice process is only initiated when a person who has been harmed makes the decision to file a lawsuit in a civil court. This is an example of which characteristic of civil justice?

A) Civil justice processes do not require that a crime has been committed
B) The civil justice process is initiated by individuals
C) The agents responsible for pursuing civil justice lawsuits are private attorneys
D) Civil court places more time limits on bringing a case forward

Question 17

For a wrongful injury tort, there could be a two-year time limit within which civil cases may be brought.This is an example of which characteristic of civil justice?

A) Civil justice processes do not require that a crime has been committed
B) The civil justice process is initiated by individuals
C) The agents responsible for pursuing civil justice lawsuits are private attorneys
D) Civil court places more time limits on bringing a case forward

Question 18

Because individuals will not be deprived of their liberty and will not lose basic rightsas a result of losing a civil case, the burden of proof is lower. This is an example of which characteristic of civil justice?

A) Civil justice processes do not require that a crime has been committed
B) The burden of proof in civil court is by a preponderance of the evidence
C) The agents responsible for pursuing civil justice lawsuits are private attorneys
D) Civil court places more time limits on bringing a case forward

Question 19

When an individual has decided to pursue a civil case, he or she generally must hire an attorney to help initiate the proceedings, to conduct necessary inquiries and investigations, and ultimately to present the case in court. This is an example of which characteristic of civil justice?

A) Civil justice processes do not require that a crime has been committed
B) The civil justice process is initiated by individuals
C) The agents responsible for pursuing civil justice lawsuits are private attorneys
D) Civil court places more time limits on bringing a case forward

Question 20

In civil court, the defendant will generally be ordered to pay a financial settlement to the plaintiff.This is an example of which characteristic of civil justice?

A) Civil justice processes do not require that a crime has been committed
B) Civil justice verdicts do not result in criminal punishment
C) The burden of proof in civil court is by a preponderance of the evidence
D) Civil court places more time limits on bringing a case forward

Question 21

Who would argue that all justice system decisions should focus on equality and human rights for all?

A) Civil justice advocates
B) Social justice theorists
C) Criminal justice experts
D) Lawyers

Question 22

Social justice theorists argue that:

A) Criminal justice should reflect social justice
B) Criminal justice and social justice are two separate entities
C) Social justice should reflect criminal justice
D) All of the above

Question 23

The criminal justice system should demonstrate fair and equal treatment of all persons under its control, with an emphasis on basic rights. This statement is an example of:

A) Civil justice
B) Criminal justice
C) Social justice
D) None of the above

Question 24

Under social justice theory, when an injustice is detected, what must occur?

A) Affirmative steps must be taken to correct the system so it may more effectively promote social justice
B) If the injustice is ignored, it will hopefully go away
C) Those promoting the injustice must be severely punished
D) All of the above

Question 25

The U.S. political culture is derived from:

A) The nation's documents
B) The Constitution and The Bill of Rights
C) The nation's social, economic, and political history
D) All of the above

Question 26

The criminal justice system must balance the need to promote order with a respect for, and protection of, the many rights that are afforded both to the innocent and to those accused of crime under the:

A) Declaration of Independence
B) Emancipation Proclamation
C) Constitution and Bill of Rights
D) All of the above

Question 27

Liberty, or freedom, is embodied in the first ten Amendments to the Constitution, called the:

A) The Bill of Rights
B) Declaration of Independence
C) Emancipation Proclamation
D) Rights of All

Question 28

Efforts have promoted the expansion of equality to also consider:

A) Disability status
B) Veteran status
C) Sexual orientation
D) All of the above

Question 29

This is embodied within the Declaration of Independence, which notes that "all men are created _________."

A) In liberty
B) Equal
C) Beautifully
D) With legitimacy

Question 30

This can lead to security in society.

A) Liberty
B) Equality
C) Legitimacy
D) Social justice

Question 31

In order for the police, courts, and corrections to be effective, they must have:

A) The trust of the public
B) Police cars
C) Courtrooms
D) Freedom

Question 32

Legitimacy can lead to security in a society through:

A) Its impact on the effective functioning of the criminal justice system
B) Encouraging citizens to be law-abiding
C) Enforcing the laws
D) Both A and B

Question 33

Why is policy restraint true?

A) The steps that are required to change policy are so difficult
B) To change policy requires agreement from so many political actors
C) Change can happen quickly
D) Both A and B

Question 34

In order for dramatic change to occur, which of the following factors must come together at the right time:

A) The availability of a satisfactory solution to solve the problem
B) Public perceptions that a problem exists
C) A political climate that supports the change
D) All of the above

Question 35

Persons who commit first degree murder in Virginia may be eligible for the death penalty; not so in West Virginia, which has no death penalty. This is an implication of:

A) State unity
B) Federalism
C) National laws
D) None of the above

Question 36

One benefit of federalism is that:

A) It allows jurisdictions, within the bounds of state and federal law, of course, to shape their own responses to their own problems
B) It allows the federal government to have all states have the same laws
C) It does not allow for laws to be made at the local level
D) All of the above

Question 37

How a case is handled depends on whether it is for violation of:

A) Any law
B) A federal law
C) A state law or a federal law
D) A state law

Question 38

This Constitutional clauseallowed the federal government to expand its role in criminal justice by defining more acts, such as crossing state lines with a stolen motor vehicle, as federal crimes.

A) National Supremacy Clause
B) Commerce Clause
C) Federal Clause
D) All of the above

Question 39

It is also important to note that, under federalism, the federal government can influence (though not require) states to adopt certain laws through:

A) Strongly suggesting
B) A court ruling
C) The distribution of federal funding
D) All of the above

Question 40

The goal of checks and balances is:

A) That only the best policies will ultimately pass muster
B) One branch can have the most control
C) The legislative branch is always in control
D) All of the above

Question 41

There are three broad venues in which justice can be achieved: Criminal, civil, and social.

Question 42

If a person's behavior does not constitute one of the acts or omissions in the criminal code, then a crime has occurred and the criminal justice process is utilized.

Question 43

It is the decision of the government as to whether criminal charges will be filed and a case will be brought.

Question 44

The police investigate crimes and, based upon probable cause, arrest persons believed to have committed crimes.

Question 45

There is generally no statute of limitations for murder and other very serious crimes.

Question 46

Civil justice is not very complex.

Question 47

One instance in which individuals can pursue civil justice is when they have been physically or emotionally injured as the result of an act.

Question 48

In civil court, attorneys base their arguments, and judges base their decisions, on common law and on the particular circumstances of each case, and how they match broad and general principles that define tort actions.

Question 49

Because attorneys generally charge by the hour or by the case, and cases generally take substantial time to prepare, the civil justice process is more available to those with financial resources than to those without.

Question 50

When an individual has decided to pursue a civil case, the state appoints an attorney to help initiate the proceedings, to conduct necessary inquiries and investigations, and ultimately to present the case in court.

Question 51

Civil justice refers to private non-criminal disputes between individuals and/or organizations, and the courts do not wish for such issues to linger.

Question 52

In civil court, proof beyond a reasonable doubt is required.

Question 53

If a judge or jury "finds for the plaintiff," that means the person bringing the case wins.

Question 54

In civil court, financial settlements often cover the actual damages incurred in the case for physical injury, and they may also include money to compensate for emotional injury.

Question 55

The same incident cannot be subject to a civil claim and a criminal case.

Question 56

Social justice embodies concerns about fairness and equality.

Question 57

Social justice refers to a legal process.

Question 58

Hegemony refers to the influence that is exercised by powerful groups within society.

Question 59

Some debates about social justice stem from fears that those with power use their influence to make decisions that marginalize socially or politically unpopular groups.

Question 60

Social justice is in harmony with hegemony.

Question 61

Social justice theorists argue that criminal justice should reflect social justice, linking the two concepts and requiring the criminal justice system to demonstrate fair and equal treatment of all persons under its control, with an emphasis on basic rights.

Question 62

When an injustice is detected, affirmative steps must be taken to correct the system so it may more effectively promote social justice.

Question 63

As a general principle, social justice involves concepts of fairness and equal treatment, particularly when there are concerns about differences between groups.

Question 64

There is usually one single political culture in most jurisdictions.

Question 65

The notion of political culture is important because it is the broad political culture that tends to shape law and policy.

Question 66

The criminal justice system must balance the need to promote order with a respect for, and protection of, the many rights that are afforded both to the innocent and to those accused of crime under the Constitution and Bill of Rights.

Question 67

From the emphasis on "life, liberty, and the pursuit of happiness" in the Bill of Rights, liberty has been a key American value.

Question 68

The criminal justice system must ensure that it functions in a way that does not discriminate or deny rights to certain groups.

Question 69

Legitimacy does not lead to security in society.

Question 70

If the police, courts, and corrections are to be effective, they must have the trust of the public.

Question 71

Legitimacy, in part through its impact on the effective functioning of the criminal justice system and in part on encouraging citizens to be law-abiding, can lead to security in a society.

Question 72

Legitimacy is not essential to the criminal justice system.

Question 73

It is through public policy decisions that the criminal justice system is developed and shaped, as new laws are created and new strategies and tactics are developed.

Question 74

Criminal justice policy consists of the decisions that governments make about what should be done to address crime.

Question 75

Policy restraint helps to promote stability in public policy and therefore stability in the criminal justice process.

Question 76

If criminal justice policies were to change often, dramatically, and quickly, the public might come to have skepticism in the authority of the system.

Question 77

There are never changes in criminal justice policy.

Question 78

Once change occurs, the policy window quickly closes, the policy becomes established, and does not dramatically change again until the three factors once again converge.

Question 79

There are often legal differences between jurisdictions in terms of what is (or is not) criminal and how offenses are defined.

Question 80

Dillon's Rule is important because it tells us that while the states have very broad powers, local governments do not.