CRJ 330 Law and the Courts Spring 2018 Critical Analysis Activity 4 Section 1: Multiple Choice (2 points per question) 1. The penalty phase of the criminal justice system is: a. arrest b. trial c. sentencing d. arraignment 2. Sentencing ALWAYS involves: a. incarceration b. fines c. fines and incarceration d. none of the above 3. A primary goal of corrections is: a. offender reintegration b. offender punishment c. just-deserts for offenders d. all of the above 4. Sentencing where parole boards determine an inmate’s early release is called: a. determinate b. presumptive c. mandatory d. indeterminate 5. Sentences of unspecified durations are: a. determinate b. presumptive c. mandatory d. indeterminate 6. A primary objective of determinate sentencing is to provide prisoners with: a. greater release certainty b. better options c. greater punishment d. diminished punishment 7. The U.S. Sentencing Guidelines have been determined by the U.S. Supreme Court to be: a. unconstitutional b. constitutional c. cruel and unusual d. excessive 8. Under the U.S. Sentencing guidelines, sentences may be increased by: a. aggravating circumstances b. mitigating circumstances c. an offender’s race d. an offender’s gender 9. An aggravating circumstance may be: a. being mentally ill b. being disabled c. causing bodily harm d. enticing violence 10. A mitigating circumstance may be: a. having a previous criminal record b. having no previous criminal record c. causing serious bodily harm d. enticing violence 11. When a judge sentences two offenders to different prison terms and where the offenders have similar criminal histories and have committed the same offenses, this may be evidence of: a. sentencing disparity b. judicial leniency c. sentencing severity d. just deserts 12. The sentencing scheme most likely to use good-time credits for determining an inmate’s early release would be: a. mandatory sentencing b. presumptive sentencing c. determinate sentencing d. guidelines-based sentencing 13. The Crime Bill of 1994 is most closely associated with: a. truth-in-sentencing laws b. indeterminate sentencing c. presumptive sentencing d. guidelines-based sentencing 14. _____________________ involves assisting criminals in becoming readjusted so that they fit back into their communities and society. a. Restoration b. Reintegration c. Rehabilitation d. Reverser 15. The main intent of habitual offender statutes are to: a. punish offenders b. rehabilitate offenders c. restore offenders d. incapacitate offenders 16. The minimum number of jury members in any criminal trial in any state court is: a. 12 b. 6 c. 9 d. 15 17. If guilty verdicts are rendered by juries, defendants: a. may appeal b. may not appeal c. have no further recourse d. must seek redress in a lower court 18. Asking prospective jurors questions regarding background, propensity for bias, etc. is a process known as: a. habeas corpus b. amicus curiae c. voir dire d. certiorari 19. Jury sequestration is done to prevent jurors from being influenced by: a. trial testimony b. media coverage of trials c. spouses of jurors d. judicial instructions 20. Hung juries usually result in: a. guilty verdicts b. acquittals c. no verdicts d. none of the above 21. If plea bargaining is rejected by a defendant and the defendant goes to court and loses the case through a jury trial, the sentence received from the judge compared with what would have been received through the plea bargain is usually: a. more severe b. less severe c. about the same d. none of the above 22. If a defendant refuses a plea bargain and, as a result, the prosecutor threatens the defendant with a more serious criminal charge (for which the prosecutor has evidence), this is: a. unconstitutional b. constitutional c. unethical d. unfair 23. One thing a judge must ask a defendant during plea agreement hearings is whether the defendant: a. wishes a reduced sentence b. wishes to serve time in jail or prison c. entered the plea voluntarily d. entered the plea without witness 24. Trials conducted by a judge where the judge decides the guilt or innocence of the accused are called: a. bench trials b. jury trials c. autocratic trials d. supreme trials 25. Participation by judges in the plea bargaining process between defense counsel and the prosecutor in most jurisdictions is: a. condoned b. constitutional c. prohibited d. condoned, only if the judge insists on being included Section 2: Short Answer 26. Should plea-bargaining be banned? Why or why not? Be specific. If not, what alternatives might be implemented? There is no “right answer” to this question. Please be clear with your position and make sure to fully reason the “whys.” (at least 2 paragraphs) (10 points) 27. http://www.npr.org/2011/10/31/141730624/high-court-considers-when-bad-lawyers-taint-a-case. Galin Frye was charged with multiple counts of driving with a revoked license. During discovery, prosecutors offered to reduce the severity of Galin’s charges if he pled guilty and served a 90-day jail sentence. This offer was never communicated to Galin and, as a result, he pled guilty in open court and was sentenced to three years in prison. He argued on appeal (before the U.S. Supreme Court) that part of any defense is the conduct of plea negotiations and his lawyer’s failure to tell him of the prosecutor’s plea offer denied him the effective assistance of counsel guaranteed by the U.S. Constitution. As it turns out, The Court agreed! You can read (and hear) the Court’s opinion here: http://www.oyez.org/cases/2010-2019/2011/2011_10_444. Please discuss whether the Court decided this case correctly. Why or why not? Be specific. (at least 2 paragraphs) (20 points) 28. http://www.newyorker.com/magazine/2017/04/10/how-we-misunderstand-mass-incarceration This article ran in a recent issue of The New Yorker. The article’s author, Adam Gopnik, is a longtime American writer and essayist who has been openly critical of the criminal justice system in the United States since the mid-1990s. In this piece, he discusses misconceptions with the ‘system’ and how these misconceptions lead to initiatives for reform that are not successful (and costly). He also discusses prosecutorial misconduct/over-reach and its impact on incarceration numbers. Please summarize one ‘misunderstanding’ identified by Adam. Discuss Adam’s position on this ‘misunderstanding’ and how he identifies it as a contributing factor to the overall issues in the criminal justice system. Likewise, take a position on the ‘misunderstanding’ using your own credible outside research. (at least 3 paragraphs) (20 points) Terms Please comply with APA formatting/citation guidelines. No ‘abstracts’ are required. Please do not write in the first-person narrative (I, we, our…) You may use sub-sections. Learning Activity Rubric rev9-2017 Learning Activity Rubric rev9-2017 Criteria This criterion is linked to a Learning OutcomeCritical Thinking/Analysis This criterion is linked to a Learning OutcomeStylistics Ratings 50.0 pts Above Average. Rich in content. Extensive thought, insight, and analysis. 25.0 pts Above Average. No obvious grammatical or stylistic errors. 37.5 pts Average. Substantial. Thought, insight, and analysis have taken place. 15.0 pts 18.75 pts Below Average. Obvious Average. Very few grammatical or stylistic grammatical or errors. Errors interfere with stylistic errors. content. This criterion is linked to a 25.0 pts 18.75 pts Learning Above Average. Proper Average. Proper OutcomeCitation/Formatting format and citations with format and citations no obvious errors. 0.0 pts 30.0 pts Unacceptable. Rudimenta Below Average. Generally and superficial. Limited competent. Information is analysis or insight is thin or commonplace. evident. 0.0 pts Unacceptable. Obvious grammatical or stylistic errors. Errors make understanding and continuity difficult. 15.0 pts Below Average. Proper format and citations with with very few errors. errors that are distracting. 0.0 pts Unacceptable. Little or no attempt at proper format and/or citations.
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