Deck 9: Alternatives to Traditional Prosecutions

Question 1

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

Answer 1

Determination by judge

Question 2

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 these are correct.

Answer 2

All of these are correct.

Question 3

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.

Answer 3

therapeutic jurisprudence.

Question 4

Crisis-Intervention-Team-trained police officers have been found

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

Question 5

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 binding verdict. What would this process be called?

A)A focus group
B)Arbitration
C)A summary jury trial
D)Mediation

Question 6

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.

Question 7

By the end of 2014, the National Institute of Justice estimated that there were more than ____________ drug courts of various kinds operating throughout the 50 states.

A)1,000
B)2,000
C)3,000
D)4,000

Question 8

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 9

The number of civil cases decided by trial in the federal courts has decreased significantly from 6.1% in 1982 to __________ as of 2016.

A)6.4%
B)0.7%
C)1.8%
D)1.2%

Question 10

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 these are correct

Question 11

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 expensive.
C)Community-based alternatives offer programming that is like any other typically available in correctional facilities.
D)All of these are correct.

Question 12

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 13

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 these are correct.

Question 14

According to Shestowsky (2014), 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 15

Which of the following statements 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 not binding.

Question 16

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

A)had more days in the hospital when in the community.
B)had more number of arrests.
C)had less homelessness.
D)All of these are correct.

Question 17

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 these are correct.

Question 18

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 choices are correct.
D)Neither choice is correct.

Question 19

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 20

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 21

The training given in specialized police responding helps police officers ______.

A)recognize behavioral health symptoms to make preemptive arrests
B)interact in a way that did not result in the escalation of conflict
C)view minor arrests as an effective deterrent in the long run
D)choose self-protection when outnumbered by a rioting group

Question 22

Which of the following is a procedure that mental health courts follow?

A)The decision to join a treatment program usually requires the consent of both the offender and the victim.
B)The decision to join a treatment program is made before an evaluation of the offender by considering the nature of the offense.
C)The probation officer who is assigned an offender in a treatment program carries an unusually heavy caseload.
D)The charges are typically dismissed regardless of the offender's compliance with the treatment plan.

Question 23

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)Both B and C

Question 24

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 25

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 these have been observed.

Question 26

Which constitutional amendment states that, when passing judgments, "cruel and unusual punishments" may not be inflicted on the defendant?

A)First amendment.
B)Fourth amendment
C)Sixth amendment
D)Eighth amendment

Question 27

Which of the following is true of community courts?

A)They are slightly less expensive when measured by cost per case.
B)They are associated with lower levels of compliance with sanctions.
C)Participants see them as fairer than traditional courts.
D)They are more likely to incarcerate individuals as part of disposition of charge.

Question 28

The Seattle Community Court handles defendants who have committed _______.

A)serious felonies and do not present a public safety risk
B)low-level misdemeanors but present a public safety risk
C)serious felonies and present a public safety risk
D)low-level misdemeanors and do not present a public safety risk

Question 29

What have some critics said about problem-solving courts?

A)Guilt or innocence should be determined by mediation
B)Giving choice to someone to be rehabilitated is not fair
C)Prosecutors feel pressured to choose rehabilitation of the perpetrator over protection of society
D)All of these are correct.

Question 30

Homeless courts were started in ______.

A)New York state in the late 1990s
B)southern California in the late 1980s
C)South Carolina in the late 1980s
D)Chicago, Illinois, in the late 1990s

Question 31

What is mediation?

A)A neutral person working with the litigants and their lawyers to achieve a settlement
B)The attorneys and judge discussing a settlement in favor of the defendant
C)The court offering a settlement swayed by public opinion and media coverage
D)None of these are correct.

Question 32

Which of the following is true of binding arbitration?

A)If the arbitrator's decision is rejected, the case is tried before a judge or jury.
B)Although it bears the closest resemblance to a trial, it is not accepted as an ADR.
C)Salary arbitration in major league baseball is a good example of binding arbitration.
D)The procedures it uses are completely unlike those used in trials.

Question 33

The Sequential Intercept Model identifies five stages of the overall criminal justice process at which _______.

A)standard prosecution and incarceration could be interrupted and a community treatment alternative substituted
B)a community treatment could be interrupted and standard prosecution and incarceration alternative substituted
C)standard prosecution and incarceration could progress alongside a community treatment alternative
D)a community treatment could be substituted with a lighter community treatment under probation

Question 34

Domestic violence courts have been said to

A)have fewer guilty pleas.
B)have greater compliance with judges' orders.
C)slow process of cases.
D)All of these are correct.

Question 35

Which of the following is true of homeless courts?

A)They were started in the late 1980s in all major cities across the United States.
B)They are typically held in shelters or agencies that serve this population.
C)They require the homeless to be segregated and lodged in temporary camps.
D)They slap an initial fine and often take chronic offenders into custody.

Question 36

A drug court is a kind of problem-solving court wherein serious drug users are ______.

A)rehabilitated and monitored within the community
B)incarcerated and monitored within the prison system
C)incarcerated and rehabilitated within the prison system
D)incarcerated, without rehabilitation or supervision

Question 37

____________ 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 these are correct.

Question 38

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 39

By 2016, there were more than 300 _______________________ in the United States.

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

Question 40

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

A)substance use
B)unemployment
C)incarceration
D)All of these are correct.

Question 41

Limited data suggests that offenders who are diverted to veterans' courts are less likely to reoffend.

Question 42

Local problems such as vandalism, prostitution, shoplifting, vagrancy, and the like come under the jurisdiction of ______.

A)drug courts
B)mental health courts
C)veteran courts
D)community courts

Question 43

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

Question 44

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

Question 45

Most cases are settled by having a trial.

Question 46

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

Question 47

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

Question 48

During binding arbitration, the judge dictates the formal charges to the parties and negotiates the settlement amount.

Question 49

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 50

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

Question 51

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

Question 52

Approximately what fraction of Americans who served in the wars in Iraq and Afghanistan suffer from posttraumatic stress disorder (PTSD), traumatic brain injury, depression, or other mental illness?

A)Two-thirds
B)One half
C)One-third
D)One-tenth

Question 53

There is growing evidence that alternative approaches such as specialized police responding and problem-solving courts ___________.

A)reduce the risk of criminal offending, and also contain criminal justice costs
B)increase the risk of criminal offending, and also increase criminal justice costs
C)increase the risk of criminal offending but contain criminal justice costs
D)reduce the risk of criminal offending but increase criminal justice costs

Question 54

According to the criminalization hypothesis, a subgroup of mentally ill offenders are arrested for offenses caused by their untreated symptoms of mental illness.

Question 55

Which of the following is true of specialty courts, including mental health courts?

A)They admit a large percentage of the people who are eligible since admission decisions typically involve multiple perspectives and parties.
B)They admit only a fraction of the people who are eligible since admission decisions are entirely with treatment providers.
C)They admit only a fraction of the people who are eligible, and admission decisions typically involve multiple perspectives and parties.
D)They admit only a fraction of the people who are eligible since prosecutors often disallow such decisions.

Question 56

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

Question 57

The concept of summary jury trial was created by Federal District Court Judge Thomas Lambros in the early 1980s.

Question 58

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

Question 59

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

Question 60

In collaborative divorce, a judge works with a divorcing couple to finalize all issues.

Question 61

Describe the premise and standard elements of problem-solving or specialty courts.

Question 62

Therapeutic jurisprudence includes specialized courts that deal with problems such as drug abuse, domestic violence, and mental health.

Question 63

How do homeless courts work? Describe New York City's "community court." Comment on the successfulness of homeless courts.

Question 64

Explain the informal mechanism of collaborative divorce and the method of mediation in divorce. Discuss the case of Sarah Smith and David Boyle.

Question 65

Discuss the three justifications for having community alternatives to standard prosecution.

Question 66

Describe what occurs in a summary jury trial.

Question 67

In the context of community-based alternatives prior to incarceration, explain the post-arrest events of initial detention/initial hearing and pre-trial services.

Question 68

What are drug courts? How successful have they been in reducing drug-related criminal activity?

Question 69

Explain the concepts of negotiation, mediation, and arbitration with suitable examples of their application.

Question 70

Discuss the effectiveness of mental health courts. What are two concerns about mental health courts?

Question 71

Explain veterans' courts as the most recent version of specialty court. How effective have these been?