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Criminal Justice In Action 10th Edition Larry K. Gaines, Roger LeRoy Miller - Solutions
Explain the distinction between an adjudicatory hearing and a disposition hearing.
Describe the four primary components of pretrial juvenile justice procedure.
List the factors that normally determine what police do with juvenile offenders.
Describe the one variable that always correlates highly with juvenile crime rates.
Define bullying, and list the four components that are often present in this sort of behavior.
Describe the reasoning behind recent U.S. Supreme Court decisions that have lessened the harshness of sentencing outcomes for violent juvenile offenders.
Identify and briefly describe the single most important U.S. Supreme Court case with respect to juvenile justice.
List the four major differences between juvenile courts and adult courts.
Describe the child-saving movement and its relationship to the doctrine of parens patriae.
What is the main justification for legislation that prohibits convicted sex offenders from accessing Facebook and online video games? What is your opinion of such legislation?
How does the process of prisonization differ between male and female inmates?
Do you agree with prison policies that prohibit male correctional officers from patting down and stripsearching female inmates?Why or why not? Under what circumstances might such policies be unrealistic?
Several years ago, an inmate sued the Florida Department of Corrections, 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?
Can prison treatment and rehabilitation programs be justified for reasons that have nothing to do with their potential cost and safety benefits for society?In other words, does the American criminal justice system have a responsibility to individual inmates to “improve” them during
As you saw earlier in the chapter, prison gangs pose numerous problems for prison administrators and correctional officers. Can you make the argument that lengthy solitary confinement is a reasonable disciplinary policy when it comes to prison gang members? Why or why not?
As noted in the text, to show that prison officials have violated an inmate’s Eighth Amendment rights, the inmate must prove that there was “deliberate indifference.” Do you think that solitary confinement, in general, meets this standard? What if the confinement is essentially permanent?
Most Alabama prisons house their inmates in large dormitories, with 90 to 150 offenders in each room.Single beds and bunks are often only two feet apart.Why might this environment be more conducive to violence than if inmates lived in separate cells?
At a prison in South Carolina, inmates who took part in the work strike were punished by losing telephone and visitation privileges, and some were locked in solitary confinement. Do you think such disciplinary steps are justified? Why or why not?
Do you think it is fair that inmates receive low wages, or no wages, for doing work while incarcerated? Why or why not? What benefits besides being paid could be associated with prison work?
Indicate typical conditions for release for a paroled sex offender
Explain the goal of prisoner reentry programs.
Contrast parole, expiration release, pardon, and furlough.
Explain the aspects of imprisonment that prove challenging for incarcerated mothers and their children.
Describe the hands-off doctrine of prisoner law and indicate two standards used to determine if prisoners’ rights have been violated.
List the circumstances in which courts have found that the“legitimate security interests” of a jail or prison justify the use of force by correctional officers.
Indicate some of the reasons for violent behavior in prisons.
Describe a risk run by corrections officials who fail to provide adequate medical care to the inmates under their control.
Explain the concept of prison as a total institution.
Experience shows that building new jails does little or nothing to alleviate jail overcrowding. Why might this be the case?
Why have pretrial detainees 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 unjust, no matter what costs they may save taxpayers? Why or why not?
Would you be in favor of a policy that prohibited corrections administrators from housing inmates with a preexisting mental illness in supermax prisons? Why or why not?
By most measures, the United States imprisons more of its citizens than any other country in the world. Economic considerations aside, what is your opinion of our dramatically high incarceration rates?
How do you think declining national crime rates over the past two decades, as discussed in Chapter 3, have contributed to an atmosphere in which politicians are less worried about being depicted as “soft on crime”?
What might be some unintended consequences of providing an early release for large numbers of nonviolent property crime and drug offenders?
Do you agree with the assertion that reducing the number of inmates in the United States is a moral issue instead of a political issue? Why or why not?
Identify three conditions common among jail inmates that make the management of jails difficult for sheriffs’departments.
Summarize the distinction between jails and prisons, and indicate the importance of jails in the American corrections system.
Describe the arguments for and against private prisons.
Indicate some of the consequences of our high rates of incarceration.
Identify some factors that have caused the prison population to grow dramatically in the last several decades.
List and briefly explain the four types of prisons.
Describe the formal prison management system, and indicate the three most important aspects of prison governance.
Explain the three general models of prisons.
Contrast the Pennsylvania and the New York penitentiary theories of the 1800s.
In your own words, explain what the phrase “widening the net”means. What might be some of the unintended consequences of increasing the number of offenders who are supervised by corrections officers in the community?
A number of courts have held that GPS monitoring, described in this chapter’s CJ & Technology feature, is a form of regulation rather than punishment, and therefore is not subject to constitutional safeguards. Do you agree that GPS monitoring is not a punitive measure? Why or why not?
Review our earlier discussion of Hawaii’s Opportunity Probation with Enforcement (HOPE). What might be some of the reasons participants in the program are less likely to fail a second urinalysis?
Why might probationers and parolees want to limit their social media activity? Give an example of a circumstance in which a Facebook posting could cause probation or parole to be revoked.
Several years ago, an eighty-sixyear-old man was found guilty of fatally shooting his eighty-oneyear-old wife. The victim was suffering from a painful health condition and had begged her husband to end her life. An Arizona judge sentenced the defendant to two years’ probation. Do you agree with
Is it proper that judges deviate from legislative sentencing guidelines? Are judges or lawmakers in a better position to determine proper sentences? Explain your answers.
Do you agree with Judge Frederick Block that the“collateral consequences” of Nesbeth’s conviction are punishment enough? Why or why not? How would your answer change if she had been guilty of a violent crime such as aggravated assault?
Which is in society’s best interests—that Chevelle Nesbeth be sent to prison, or that she remain in the community while serving her term of probation? Explain your answer.
Summarize the paradox of community corrections.
List the three levels of home monitoring.
Contrast day reporting centers with intensive supervision probation.
Explain which factors influence the decision to grant parole.
Identify the main differences between probation and parole.
Describe the three general categories of conditions placed on a probationer.
Specify the conditions under which an offender is most likely to be denied probation.
Explain several alternative sentencing arrangements that combine probation with incarceration.
Explain the justifications for community-based corrections programs.
What might be some of the unintended consequences of the United States Supreme Court ruling, discussed in this chapter, that states may not use a fixed IQ score to determine whether a convict is mentally handicapped for purposes of execution?
Defense attorneys are increasingly likely to submit expensive biographical videos of their clients during sentencing in hopes of gaining a more lenient sentence.Lawyers say that such videos give judges and juries a sense of the“totality of the defendant.” What might be some of the criticisms of
Harold is convicted of unarmed burglary after a trial in Boston, Massachusetts. He has no prior convictions. According to the grid in Figure 11.4, what punishment do the state guidelines require?What would his punishment be if he had a previous conviction for armed robbery, which would mean that he
Why are truth-in-sentencing laws generally popular among victims’rights advocates? Why might these laws not be so popular with prison administrators or government officials charged with balancing a state budget?
Suppose that the U.S. Congress passed a new law that punished shoplifting with a mandatory eighty-five-year prison term.What would be the impact of the new law on shoplifting nationwide? Would such a harsh law be justified by its deterrent effect?What about imposing a similarly extreme punishment
Every offender sentenced to death in the United States is guaranteed the chance to appeal his or her punishment. Why do you think this is the case? Does it make the process fairer? Explain your answers.
In 2012, a ballot initiative to end capital punishment in California failed by four percentage points. Would you have voted in favor of or against the death penalty?Why?
The mother of the victim in the Montana incest case requested that the defendant not be punished too harshly. “He is not a monster, just a man that really screwed up,” she told the court. How much weight should judges gives the wishes of victims or victims’family members in making sentencing
Judge Aaron Persky justified his sentencing decision by saying that a long prison term would not make Brock Turner any less likely to commit another violent crime in the future. Do you agree with this reasoning?
Judge Stefan Underhill had two reasons for thinking the confessed murderer he sentenced to eighteen years deserved leniency. First, the offender showed remorse.Second, he gave prosecutors valuable information about the criminal activity of his fellow gang members. How much influence should either
Describe the main issues of the death penalty debate.
Explain why the U.S. Supreme Court abolished the death penalty for juvenile offenders.
Identify the two stages that make up the bifurcated process of death penalty sentencing.
Describe the goal of mandatory minimum sentencing guidelines and explain why these laws have become unpopular in recent years.
Explain some of the reasons why sentencing reform has occurred.
State who has input into the sentencing decision and list the factors that determine a sentence.
Explain why there is a difference between the sentence imposed by a judge and the actual sentence served by the prisoner.
Contrast indeterminate with determinate sentencing.
List and contrast the four basic philosophical reasons for sentencing criminals.
Several years ago, following the conviction of Miguel Angel PeñaRodriguez for attempted sexual assault, a juror showed bias during deliberations. Among other things, the juror said, “I think he did it because he's Mexican and Mexican men take whatever they want.” Even though jury deliberations
During voir dire for the trial of a police officer charged with manslaughter, a potential juror fails to indicate that his father once served seven years in prison. This person winds up on the jury, which finds the police officer guilty. Once this information becomes known, should the judge declare
Adam Sirois, the holdout juror, said he felt “duped”after a district attorney explained that police did not videotape the first six hours of Hernandez’s interrogation because it would be “disruptive to the process.” Do you think this is a valid reason for Sirois to find Hernandez not
Hernandez’s attorney provided evidence at trial suggesting that Jose Ramos, a convicted child molester with connections to the Patz family, killed Etan. Should the defense be allowed to raise the possibility at trial that a different culprit committed the crime? Why or why not?
Do you agree with the policy that jurors must vote unanimously to find a defendant such as Pedro Hernandez guilty? Or should an 11–1 vote, as occurred in Hernandez’s first trial, be sufficient? Explain your answer.
List the five basic steps of an appeal.
Delineate circumstances in which a criminal defendant may be tried a second time for the same act.
Identify the primary method that defense attorneys use in most trials to weaken the prosecution’s case against their client.
Describe the difference between direct and circumstantial evidence, and explain why evidence of a defendant’s “evil character” is often excluded from trial.
List the standard steps in a criminal jury trial.
Contrast challenges for cause and peremptory challenges during voir dire.
List the requirements normally imposed on potential jurors.
Explain what “taking the Fifth” really means.
Identify the basic protections enjoyed by criminal defendants in the United States.
Review the Supreme Court’s ruling, discussed in the last section of this chapter, that defendants have a constitutional right to effective representation during plea negotiations. Do you think the Court made the proper ruling? Why or why not?
In practice, the constitutional right to a lawyer does not cover initial bail hearings. What are the disadvantages for an indigent defendant who is not represented by a lawyer at this point in the pretrial process?
Between 2012 and 2016, in an attempt to reduce the city’s skyrocketing violent crime rates, Chicago judges doubled the bail amount (from $25,000 to $50,000)for defendants charged with gunrelated crimes. What is the theory behind this strategy for reducing firearm-related crimes? In fact, the
Why might the practice of charging low-income defendants fees for the services of public defenders go against the Supreme Court’s ruling in Gideon v. Wainwright?
According to the United States Supreme Court, 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 think the Supreme Court should lift this
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