Criminal Justice In Action 10th Edition Larry K. Gaines, Roger LeRoy Miller - Solutions

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What are the three main purposes of the Supreme Court?
How does a case get to the Supreme Court? What is the basis for acceptance of an appeal?
Explain the concept of jurisdiction and give four examples of the different types of jurisdiction.
Explain the M’Naghten rule.
What is an excuse defense? Give five examples and explain.
What is a justification defense? Give three examples and explain them.
Name and explain the different standards for the burden of proof.
How does the civil law differ procedurally from the criminal law?
What are the major categories of crimes, and how are crimes classified?
What is the difference between an excuse defense and a justification defense?
What are the five elements of the corpus delicti, and why must each be proven?
What are some of the prominent limitations on the criminal law?
Given the Supreme Court’s “discovery” of penumbras in the Bill of Rights such as the right to privacy, should this right be extended to assisted suicide for terminally ill patients and/or access to marijuana for medical purposes? Why or why not?
What are the different standards of review in constitutional law, and when are they used?
Why was the Bill of Rights adopted, and what rights are contained in it?
How did the Bill of Rights come to be applied to the individual states?
Relate the rule of law to Packer’s models of criminal justice.
Why is law sometimes at odds with justice? Give an example.
Would you choose to live under a brutal dictator such as Hitler, Stalin, or Saddam Hussein or suffer the chaos of a society without any kind of law?
In what ways can conflict be beneficial to a society? Can conflict actually support consensus?
Do you believe that the “ruling class” (decide for yourselves who these people may be)unfairly pass laws favorable to themselves and detrimental to the rest of us? If they do, what can we do about it?
Give one or two examples of how changing values and/or technology have led to changes in the law.
What do you think are the main differences between legal rules and other kinds of rules?
Research shows that judges in adult criminal courts impose a “juvenile penalty” during the sentencing process. That is, they tend to punish juveniles who have been transferred to adult court more harshly than young adults (nineteen- and twenty-year-olds) who have been convicted of similar
Do you think that bullying should be punishable as a felony along the same lines as assault? (For the definition of assault, see page 33.) Why or why not?
Forty-four states have enacted parental responsibility statutes, which make parents responsible for the offenses of their children. Seventeen of these states hold parents criminally liable for their children’s actions, punishing the parents with fines, community service, and even incarceration.
The town of Dyersville, Iowa, has one of the strictest residency requirements in the country: no sex offenders can live anywhere within its limits. What is your opinion of this strategy? How do you feel about residency laws in general?
In many jurisdictions, parolees can be stopped and searched by parole or police officers at any time, even if there is no probable cause that the parolee has committed a crime. What is the justification for such a policy?
In 2011, a Florida inmate sued the state corrections system, claiming that his soy-based diet was cruel and unusual punishment. Under what circumstances, if any, do you think that unpleasant prison food can violate an inmate’s constitutional rights?
The principle of least eligibility holds that inmates should not receive any benefits that are unavailable to the least advantaged members of outside society. Do you agree with the principle of least eligibility? If so, do you believe that prison programs such as substance abuse treatment and
What are the arguments for and against taking away the ability to vote from those Americans convicted of committing a crime? What is your opinion of this form of disenfranchisement?
Why have pretrial detainees (see page 326) been called “walking legal contradictions”? What are the practical reasons why pretrial detainees will continue to be housed in jails prior to trial, regardless of whether their incarceration presents any constitutional irregularities?
Do you agree with the argument that private prisons are inherently injust, no matter what costs they may save taxpayers? Why or why not?
Supermax prisons operate in a state of perpetual lockdown (see page 321). Why might a warden institute a lockdown in a maximum-security prison?
What might be some of the negative consequences of widespread decarceration in the United States?
Why might probationers or those subjected to intermediate sanctions want to limit their social media activity? Give an example of a circumstance in which a Facebook posting could cause probation to be revoked.
The program has had one unintended consequence: in its first four years, drug arrests in California increased significantly. Before 2000, these rates had been falling. How might the new law have contributed to this increase in drug crime?
Review our discussion of California’s Substance Abuse and Crime Prevention Act on page
What might explain why second violations of the urine tests are rare?
Review our discussion of Hawaii’s Opportunity Probation with Enforcement (HOPE) program on page
What are the dual purposes of probation (see page 291)? Which is more important? Why?
Some observers believe that by abolishing the death penalty, officials in states such as Connecticut and Illinois have taken away an important bargaining chip for prosecutors to use during plea bargaining. Why might this be the case?
In Alabama, Delaware, and Florida, judges can override death penalty sentencing decisions made by juries. What are the arguments for and against giving judges this power? How might these three states be in conflict with the United States Supreme Court’s Ring decision, described on pages
One judge complained that thanks to sentencing guidelines, his role in the sentencing process was like “following an elaborate cookbook.” Why would proponents of sentencing reform argue that this sort of restriction on judicial discretion is a positive development?
Government agencies can charge fees for “free” legal counsel when the fees will not impose a “significant legal hardship” on the defendant. Why might this practice go against the Supreme Court’s ruling in Gideon v. Wainwright (see page 208)?
Prosecutors cannot face civil lawsuits for misconduct, even if they have deliberately sent an innocent person to prison. In practical terms, why do you think prosecutors are protected in this manner? Do you agree with a policy of blanket immunity for prosecutors? Why or why not?
The United States Supreme Court does not allow its proceedings to be televised. Do you think that doing so would increase or diminish public confidence in the Court? Why or why not
Several years ago, the United States Supreme Court “denied cert” in the case of Yasin Muhammed Basardh, a Yemeni citizen still in the custody of the U.S. military even though he had been ruled innocent of terrorism charges by a U.S. court. What does it mean for the Court to “deny cert”? In
Do you think it is unethical for police officers to use fake profiles in online social networking sites to “friend” suspects or crime victims as part of a criminal investigation? Why or why not?
Should law enforcement agents be required to get a search warrant before accessing records that reveal a cell phone user’s location? Those who think a warrant is unnecessary in this situation argue that once users turn their phones on, they have decided to waive their expectations of privacy by
What if, in the case that opens this chapter, the Kentucky police officers had not smelled marijuana and had simply knocked on Hollis King’s door and asked to talk with him? What would have been King’s options in that situation?
Nearly every police department in the country has a policy that limits its officers’ discretion to engage in high-speed automobile pursuits of fleeing suspects. Why do you think such policies are so popular among police administrators?
Research has shown that levels of violence increase in areas with high concentrations of bars, restaurants, and other establishments that serve liquor for consumption on site. How might this information be used as part of a predictive policing strategy (see pages 139–140)?
According to the late University of Delaware professor Carl Klockars, “It makes about as much sense to have police patrol routinely in cars to fight crime as it does to have firemen patrol routinely in fire trucks to fight fire.” What point do you think Professor Klockars was trying to make?
In most states, DNA samples are routinely collected from those persons who have been convicted of felonies. Eighteen states, however, collect DNA from persons who have only been arrested for committing a crime. Why might civil libertarians frown on such policies?
Review the discussion of double marginality on pages 112–113. Why would members of a minority community think that police officers of the same race or ethnicity were “traitors”? What can police departments do to dispel this misperception?
Some law enforcement agencies have the same physical agility and fitness requirements for male and female applicants, while others do not hold women to the same physical standards as men. Which approach do you favor, and why?
Critics have derogatorily labeled the “stand your ground laws” passed by Florida and many other states (see page 88) “license to kill” laws. Why would they do so? What is your opinion of these laws?
Why does the absence of a mens rea provision make it easier for prosecutors to convict defendants charged with strict liability crimes?
Give an example of a criminal law whose main purpose seems to be teaching societal boundaries rather than protecting citizens from harm. By searching the Internet, can you find examples of other countries where this behavior is not considered criminal? How is the behavior perceived in those
Why would someone who subscribes to rational choice theory (see pages 46–47) believe that increasing the harshness of a penalty for a particular crime would necessarily lead to fewer such crimes being committed?
Research shows that when levels of single-family mortgage foreclosures rise in a neighborhood, so do levels of violent crime. Explain the correlation between these two sets of statistics. Why is it incorrect to say that singlefamily mortgage foreclosures cause violent crimes to occur?
What are some of the problems with the assumption that there is a link between race and criminal behavior? What are some of the problems with the assumption that there is a link between poverty and criminal behavior?
Why would someone who subscribes to rational choice theory (see pages 46–47) believe that increasing the harshness of a penalty for a particular crime would necessarily lead to fewer such crimes being commit drugs, carrying weapons, and contemplating suicide. How would you go about gathering
Research shows that when levels of single-family mortgage foreclosures rise in a neighborhood, so do levels of violent crime. Explain the correlation between these two sets of statistics. Why is it incorrect to say that singlefamily mortgage foreclosures cause violent crimes to occur?
What are some of the problems with the assumption that there is a link between race and criminal behavior? What are some of the problems with the assumption that there is a link between poverty and criminal behavior?
Do you agree that public order crimes such as prostitution and illegal gambling are “victimless” crimes? Why or why not?
As noted in the chapter, over the past several years crime rates have decreased even as the American economy has suffered through the “Great Recession.” One theory for this development is that as overall economic activity slows, more people who would otherwise be at work are unemployed and
Did the officer act properly in this situation, or should he have carried out the law regardless of his personal ethical beliefs? Explain your answer.
Refer back to the discussion of the police officer who refused to arrest the nonviolent homeless person on pages 16 and
Several years ago, lawmakers in Arkansas and New York considered passing laws against “distracted walkers,” or pedestrians who use cell phones, iPods, and other electronic devices while walking on city streets. What would be some of the reasons for instituting these kinds of laws? What is your
Using your own words, define white-collar crime.
Should the federal government make it a crime to publish bombmaking instructions online? Why or why not?
Suppose a member of al Qaeda posts a video on YouTube that shows how to make an IED(improvised explosive device) out of common household cleaning detergents and a piece of pipe.Before YouTube can take down the video, a young man uses the instructions to carry out a terrorist attack during a high
Consider the following proposed state law: It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy, or offend, to use ANY ELECTRONIC OR DIGITAL DEVICE and use any obscene, lewd, or profane language.What is your opinion of this statute? What might be some of its
According to several studies, someone who is a victim of a cyber crime, such as identity theft, has a relatively high risk of being a victim of the same crime again. Why do you think this is the case?
By refusing to aid the FBI’s investigation of Syed Rizwan Farook, Apple essentially could be seen as placing the privacy rights of a domestic terrorist who helped kill fourteen people ahead of national security.Why, then, do you think that, according to opinion polls,98 Americans seemed to
Should Congress pass a law requiring any company that manufactures encrypted devices to create a way for the government to access those devices, if ordered to do so by a criminal court? Why or why not?
When someone finds unwanted explicit images of himself or herself online, the first impulse is to have the images removed or destroyed. Why might this be an unwise strategy in the context of criminal justice?
California’s nonconsensual pornography law includes a provision that the images are shown “with the intent to cause emotional distress.” What might be some of the unintended consequences of a “revenge porn” law that does not feature an intent requirement?
Why might the owner of a book or photography store that sells items online have a problem with nonconsensual pornography laws?
Explain the concept of corporate violence.
Indicate some of the ways that white-collar crime is different from violent or property crime.
Describe two factors that make it difficult for counterterrorism agents to predict and prevent acts of domestic terrorism.
Explain why privacy expectations are so important to the federal government’s metadata surveillance operations.
Summarize the three federal laws that have been particularly influential on our nation’s counterterrorism strategies.
Distinguish verbal threats that are protected by the Constitution from verbal threats that can be prosecuted as “true threats.”
Explain how the Internet has contributed to piracy of intellectual property.
Define malware, and identify the main way in which worms differ from viruses and Trojans.
Outline the three major reasons why the Internet is conducive to the dissemination of child pornography.
Why do juvenile court judges favor community service and probation, when appropriate, as sentencing options for juveniles?
Several years ago, eight Florida teenagers ranging in age from fourteen to eighteen beat a classmate so badly that she suffered a concussion. According to law enforcement officials, the teenagers recorded the assault so that they could post it on the Internet. If you were a prosecutor and could
Do you think that bullying should be punishable as a felony along the same lines as assault? (For the definition of assault, go back to Chapter 1.) Why or why not?
Do you agree with Supreme Court Justice Anthony Kennedy that all juveniles who commit murder“must be given the opportunity to show their crime did not reflect irreparable corruption; and, if it did not, their hope for some years of life outside prison walls must be restored.” Or are mandatory
What is the difference between a status offense and a crime? What punishments do you think should be imposed on juveniles who commit status offenses?
What are the benefits and drawbacks of having SROs involved in disciplining noncriminal behavior by students? Should they be prohibited from doing so?Explain your answers.
Suppose a math teacher calls an SRO for help with a student who is disrupting class by refusing to put away her cellphone. When the SRO arrives in the classroom, the student remains defiant and refuses to leave with the SRO. Is the SRO justified in using force to remove the student from class? Why
Even though he was initially charged as an adult, Indiana corrections officials decided against sending twelve-year-old Gingerich to an adult prison. Instead, they placed him in a juvenile facility. What might have been some of the reasons for this decision?
Much juvenile justice reform is based on the assumption that young people who commit murder should be given a chance to rehabilitate themselves because they were not old enough to fully appreciate the magnitude of their crimes. Do you agree with this reasoning? Why or why not?
What is your opinion of Judge James Hueur’s decision to spare Paul Gingerich from having to spend the remainder of his sentence in adult prison?

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