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ethics in cj
Terms in this set (125)
criminal law is also called
according to _______ theory, each individual gives up some liberties gives up some liberties and, in return, is protected from others who have their liberties restricted as well
according to hobbes, rousseau, and locke, a social contract is between
the individual and society
legal paternalism refers to:
laws that protect individual from hurting themselves
which of the follwoing is not a rule of legal paternalism
laws should allow private individuals to make decisions about private matters
legal moralism refers to:
laws that protect societal morals
legal moralism is used tp justify laws against:
positivist law refers to:
those laws written and enforced by society
natural law refers to:
the idea that principles of morals and rights are inherent in nature
which of the following is not consistent with the consensus paradigm?
law is representative of the ruling classes only
the idea that most people have similar beliefs, values and morals and that societal laws reflect the majority view is most consistent with:
the consensus paradigm
The idea that groups in society have fundamental differences and that those in power control societal elements, including law, is most consistent with:
the conflict paradigm
the concept that there are many groups in society and that they form allegiances and coalitions in a dynamic, exchange of power is most consistent with:
the pluralist paradigm
The model of justice in which the largest portion of criminal cases forms the bottom layers and the few serious cases form the top layer is called:
wedding cake illustration justice
the belief that loyalty to one's client surpasses individual and private morality is characteristic of:
the legal agent position on the attorney-client relationship
Cohen suggests some principles attorneys must follow to be considered moral. Which of the following is not one of these principles?
share your client's information with your associates so they can help you make decisions
pro bono legal services means:
services provided free of charge
the Model Code of Judicial Conduct is organized into four canons including all of the following except:
a judge or candidate for judicial shall engage in political or campaign activity that is consistent with his/her personal views
You are an attorney, and the local court has appointed you to represent a defendant who has been charged with aggravated assault and battery. The prosecutor originally intended to charge attempted murder. The victim suffered serious injury, and the police suspected that a weapon of some type was used, but never was able to find one. The defendant has maintained that there was no weapon.Despite your client's insistence that he is innocent, you urge him to accept a plea bargain. You are motivated largelyby a desire to dispose of the case as quickly and efficiently as possible. Your actions embody the notion of:
You are an attorney, and the local court has appointed you to represent a defendant who has been charged with aggravated assault and battery. It occurs to you that the victim will not be able to testify if the trial takes place quickly, due to his injuries. Accordingly, you do not agree to waive your client's "speedy trial" rights. This action would indicate your view that you are serving as your client's:
You are an attorney, and the local court has appointed you to represent a defendant who has been charged with aggravated assault and battery. Your client tells you that he has a friend that you can call as a witness. Even though this friend was not actually present at the incident, he is willing to claim that he saw the altercation and will testify that the defendant acted in self-defense, and without a weapon. You refuse to call a witness that you know will not tell the truth. This action would indicate your view that you are serving as your client's:
(ABA Model Code of Conduct). Which of the following is NOT one of the canons presented in the Model Code of Conduct?
a judge shall perform the duties of judicial office intellectually and swiftly
(ABA Model Rules of Professional Conduct) which of the following is NOT a subject covered by the Model Rules of Professional Conduct?
(ABA Model Rules of Professional Conduct) Which of the following is NOT a subject covered by the Model Rules of Professional Conduct?
In a pro se defense:
the defendant defends himself or herself.
The vast majority of cases in the criminal justice system are settled by:
a plea bargain
Which of the following statements regarding lawyers' actions is false?
the lawyer may not directly communicate with opposing attorneys
A shadow jury is a:
panel of people selected by the defense attorney that observes the trial and provides feedback to the attorney
The protection that prevents authorities from compelling an attorney to disclose confidential information regarding his or her client is called:
Which of the following is not an exception to the confidentiality rule for defense attorneys?
knowledge of evidence of a murder that has taken place
According to the text, the WorldCom and Enron cases influenced a change in the Model Rules guidelines regarding:
A Harvard study that examined the performance of private attorneys who are appointed to represent indigent clients in federal cases concluded:
they achieved worse results than full-time public defenders.
Which of the following is not a component of due process?
Which of the following is not a valid reason for an attorney to withdraw from a case?
if the attorney's schedule makes it difficult to attend to the details of the case
According to the Model Rules, a prosecutor should seek or file charges only if he or she reasonably believes charges are supported by probable cause and:
pursuing the charges would be in the interest of justice
Which factor would be unethical for a prosecutor to consider in making charging decisions?
income of the victim
A legal tool used to confiscate property and money associated with organized criminal activity is called:
Which of the following statements about plea bargaining is correct?
Plea bargaining occurs in the vast majority of criminal cases
The ethical concern regarding expert witnesses is about whether they are really
The "halo effect" refers to:
the phenomenon in which a person with expertise or status in one area is given deference in all areas.
____________________ is the profession involved in the application of science to recognize, identify, and evaluate physical evidence in court proceedings
What are the two major areas of judicial discretion?
sentencing and interpretation of law
Which of the following is not a valid exception to the exclusionary rule?
The Federal Sentencing Guidelines have been the subject of recent Supreme Court rulings, which have:
ruled that judges must have the ability to use some discretion in sentencing
Which of the following is not considered prosecutorial misconduct?
speaking to the media about whether or not an indictment has been returned
According to the text, the most common charge leveled against prosecutors is:
failure to disclose evidence
According to the text, which of the following statements about judicial misconduct is false?
Attorneys often file complaints against judges when misconduct is suspected
The procedure for presenting a single suspect to an eyewitness for identification is known as a:
Aronson and McMurtrie identified one type of prosecutorial misconduct as "tunnel vision," arguing that:
some prosecutors work under a bias that defendants are guilty and therefore ignore exculpatory evidence
Only recognizing evidence to fit one's theory is the definition of:
selective information processing
Believing one's original theory of the case despite evidence to the contrary is called
The Innocence Project is:
a loose affiliation of lawyers who identify cases where a prisoner may be innocent.
The reasons for false convictions discussed in your text include all except:
Confirmatory bias refers to:
when a specific suspect has been fixated upon and investigators ignore other possibilities
Barry Scheck of the Innocence Project asserts that many of the Brady violations occurring in prosecutors' officesare due to:
prosecutors being overworked and careless
In an effort to prevent false confessions, 18 states now require confessions to be:
A lineup in which the law enforcement official does not know which person is the suspect is known as a(n):
double blind lineup
According to the text, disciplinary committees investigate a practicing attorney:
only when a complaint is lodged against him or her
Appellate judges who are interpretationists are also called:
The view that an individual has no rights unless these rights are specified in the Constitution or have been created by some other legal source is referred to as the:
the strict constructionist philosophy
Natural rights refer to the concept that:
one has certain rights just by virtue of being born
(Films on Demand: Prosecutorial Misconduct) In Tyrone Johnson's case, Prosecutor Stuart committed one of the most common and damaging forms of prosecutorial misconduct. Which of the following did Prosecutor Stuart commit?
(Films on Demand: Prosecutorial Misconduct) Which of the following was implemented by Charles Hynes and is a division of a prosecutorial office that works to prevent, identify, and remedy false convictions?
convict integrity unit
(Incentivized Informants). Jailhouse informants are:
people in prison who are incentivized to testify against a defendant in exchange for a benefit, which can include receiving leniency in their own case
(Incentivized Informants). Jailhouse informant testimony is one of the leading contributing factors of wrongful convictions nationally, playing a role in nearly one in five of the 367 DNA-based exoneration cases.
(The Snitch System). Safeguards against wrongful convictions may include:
all of the above
In your text, anything used to induce behavioral change with the goal of eliminating dysfunctional or deviant behavior and encouraging productive and normal behavior patterns is referred to as:
The idea that an offender must suffer in order to achieve salvation is associated with the________________ punishment rationale.
Corrections Corporation of America and the GEO Group are private companies that:
build and operate correctional facilities
A positive retribution:
demands that one who is guilty ought to be punished
According to the text, the rationale for punishment and corrections comes from:
the social contract
Which of the following is not a method of prevention?
Which form of prevention is aimed at the overall community rather than the offender?
Detaining only those who are at the highest risk of re-offending would be a form of:
Stigmatizing shaming is:
the effect of certain punishments whereby the offender feels rejected by the community
The Eighth Amendment protects all Americans from:
cruel and unusual punishment
Criticism of supermax prisons include each of the following except:
frequent escapes due to understaffing
The author identifies cynicism, lethargy, and individualism as components of the occupational subculture of:
In Kauffman's description of the correctional officer subculture, someone who was perceived as sympathetic to inmates was known as a(n):
(Films on Demand - Supermax). Which of the following Supermax facilities are featured in this film?
oak park heights
(Films on Demand - Supermax) In the ACU, everything is timed. Inmates can:
flush their tolet twice in an hour
(Films on Demand - Supermax) In Minnesota, inmates receive ____________ for breaking the rules.
(ACA Code of Ethics). The American Correctional Association expects of its members:
all of the above
(ACA Code of Ethics) Members of the American Correctional Association subscribe to the following principles:
Members shall make public criticism of their colleagues or their agencies only when warranted, verifiable, and constructive
The prisoners' rights era of the 1970s gave way to the _________________ era of today, where courts are more apt to defer to prison officials.
The Prison Litigation Reform Act of 1996 (PLRA):
drastically curtailed the ability of inmates to file lawsuits
Which of the following statements about women in prison is false?
Only non-consensual staff-inmate sex is considered unethical
"Lessons" taught to inmates by Texas corrections officers that involved verbal humiliation, profanity, shoves, kicks, and head and body slaps were known as:
According to the most recent PREA survey, which of the following statements about officers having sexual relationships with inmates is true?
The problem of officers having sexual relationships with inmates is significantly higher among female officers than male officers
Which of the following is true regarding coercive sexual contact in prisons?
Coercion is more likely to be present between male officers and female inmates
Sheriff's deputies are often assigned to serve as correctional officers in which type of facility?
Which of the following is not an ethical dilemma often faced by treatment staff in correctional facilities?
consulting with judges to suggest conditions of offenders' sentences
In Washington v. Harper, the U.S. Supreme ruled that:
the administration of antipsychotic drugs to unwilling inmates is not unconstitutional
Which of the following is true regarding a probation or parole officer's power to recommend revocation?
The officer makes a recommendation only
Which of the following about probation is false?
Probation officers have discretion when choosing which probationers to supervise
You are a rookie correctional officer at a state prison. The day is coming to an end and the inmates are in their cells. As you make your rounds to count heads, one of the inmates asks you if you'd bring him a piece of dental floss. He says he has an uncooked grain of rice from dinner stuck in his back teeth and it is very painful. He only needs a small piece, surely not enough to pose any problem. According to prison rules, dental floss may only be used in the shower area, under observation. It is apparent to you that the inmate is in discomfort, and you know this inmate to be well-behaved.You are inclined to provide the dental floss. After all, this inmate has never given you trouble, and in fact you think that he might be helpful in the future when it comes to relations with troublesome inmates. Such a relationship would illustrate the concept of:
(ACLU Article). The U.S. Supreme Court ruled in _________ that ignoring a prisoner's serious medical needs can amount to cruel and unusual punishment, noting that "[a]n inmate must rely on prison authorities to treat his medical needs; if the authorities fail to do so, those needs will not be met. In the worst cases, such a failure may actually produce physical torture or a lingering death[.]
Estelle v. Gamble
(Breaking the Code of Silence article). At one time in Massachusets, the correctional officers' union published its "Ten Commandments" which included:
all of the above
McCarthy and Souryal discuss the major types of corruption by correctional officers and other officials in institutional corrections. These include all of following except:
Souryal's corruption typology includes all of the following categories except:
mismanagement of prison resources
According to Souryal, ________ has both a legal definition (the use of oppression or extralegal methods), and an ethical definition (the failure of officers to demonstrate compassion or keep a promise).
Inadequate medical care and elimination of visits or other programs are all examples of which of the following types of prison abuse identified by Bomse?
systemic or budgetary abuse
Excessive use of force, rape and sexual harassment, theft and destruction of personal property are all examples of which of the following types of prison abuse identified by Bomse?
malicious or purposeful abuse
Which of the following statements about restorative justice programs is false?
Restorative justice programs may lead to oppositional subcultures
Which of the following statements is a conclusion that can be drawn from the Stanford Prison Experiment?
The prison environment causes people to act in ways that they would not otherwise
According to a study cited in the text, correctional managers attribute misconduct to:
low pay and poor screening during hiring
Which of the following theories of ethical management argues that officers will treat inmates the way they perceive they are being treated by management?
"trickle down" theory
Examples of restorative justice process include all of the following except:
individual psychological counseling
Wright offers seven principles as a guide for how administrators and supervisors should treat employees. Which of the following is not one of these seven principles?
According to McCarthy, an anti-corruption policy for correctional managers should include all of the following except:
regular lie-detector tests
The "_________________ complex" provides jobs and profits to legions of companies and people around the country.
An element of peacemaking corrections that involves looking at what needs to be done with both the heart and the head is called:
Both restorative justice and peacemaking corrections are consistent with the ethics of _______ and might be considered feminine models of justice.
Which aspect of penalties found in sentencing circles emphasize the individual's responsibility to the victim and society?
A central theme of the text is the importance of ________________ leadership.
"Meansend" ethical analysis is consistent with:
________________ is the ethical justification for all the counter-terrorism measures discussed in the text.
Which of the following statements about the Patriot Act is false?
The Patriot Act has remained unchanged since it was first passed
"National security letters" are letters issued by the ____________ to access private information without a warrant.
Which of the following statements about Abu Ghraib is false?
Soldiers responsible for the abuses successfully used the "superior orders" defense to escape prosecution
The "doctrine of necessity" argues that:
there must be secrecy concerning interrogation tactics so they can be more effective
The Protect America Act was passed in 2007, allowing the government:
to wiretap, without a warrant, anyone suspected of being linked to a terrorist group
You are the police chief in a large American city. Prior to 9/11, your city's crime rates had been declining steadily, due in part to a commitment to community-oriented policing.All of the following changes likely took place in your city and department in the years following 9/11 except:
federal funding for community-policing projects doubled or tripled
In order to gather intelligence, you consider utilizing so-called mosque crawlers, which are:
agents who infiltrate mosques and Muslim neighborhoods to gather intelligence
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