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Criminal Justice In Action 6th Edition Larry K. Gaines, Roger LeRoy Miller - Solutions
What distinguishes the sentencing phase in juvenile versus adult courts?
What does it mean to say that a juvenile has received a “limited” sentence? Why can these sorts of sentences be controversial?
Under what conditions in certain states is a juvenile automatically transferred to the adult court system?
Is probable cause necessary before a search can legally be conducted in a school setting? Why or why not?
Why is the discretion given to police officers over juveniles called low-visibility decision making?
What is a status offense? Would it be true or false to say that a status offender has committed a crime? Why or why not?
How do civil confinement laws allow corrections officials to keep sex offenders incarcerated long beyond the terms of their prison sentences?
What kind of help do former inmates typically need from the corrections system to desist on their release from prison?
Who are some of the individuals asked to provide comments and recommendations for a parole grant hearing?
What has caused a reduction in the amount of discretion that parole boards have?
What is the most demanding job assignment in the correctional institution hierarchy?
How does the inmate culture differ in men’s prisons and women’s prisons?
In 2006, sheriff’s deputies ordered one hundred inmates at a Los Angeles County jail to strip naked, removed the mattresses from their cells, and left them with nothing to cover themselves but blankets for twenty-four hours. Are these steps—taken to quell racially motivated
How does the deprivation model seek to explain prison violence?
Why is the principle of least eligibility relevant in today’s political environment?
What does the term widening the net mean, and why is it important today?
How might GPS-enhanced electronic monitoring ease the caseload burden of probation officers?
What is the purpose of day reporting centers?
What happens to property that is forfeited by a convicted criminal?
Under the law created by California’s Proposition 36, what happens to eligible drug offenders? How is the law designed to cut costs for the state’s corrections system?
Why do many probation officers feel that they should be allowed to carry firearms on the job?
Why can law enforcement agents search a probationer’s home without a warrant or probable cause?
Why did the Supreme Court rule against indefinite reprieves?
Why have many “tough on crime” politicians embraced community corrections?
What is the major reason that probationers account for nearly two-thirds of all adults in the American corrections system?
What is the likelihood that the death penalty will be abolished in the near future? Explain your answer.
What are some of the arguments in favor of the death penalty? What are some of the arguments against it?
What is the “bifurcated process,” and how did it come to be the standard for state death penalty procedure?
Under what circumstances can a federal judge depart from the federal sentencing guidelines?
What is the difference between sentencing disparity and sentencing discrimination?
How do “real offense” procedures effectively render plea bargains meaningless?
Why do those who believe in “individualized justice” compare the proper role of a judge in the sentencing process to that of a physician?
What are truth-in-sentencing laws, and why are they popular among victims’ rights advocates?
Why is rehabilitation seen as the most “humane” form of punishment?
What is the difference between general deterrence and specific deterrence?
What steps can a judge take if the jury does not come to a decision on the defendant’s guilt or innocence?
Why would a judge order that a jury be sequestered during jury deliberations?
Why might a defense attorney not want to call the defendant to the stand to testify?
Why is a “dying declaration” usually allowed as evidence even though it may be hearsay?
Why might evidence that a defendant in a murder case had been arrested for auto theft several years before the trial be kept from the jury?
What does it mean to say that certain evidence is “irrelevant”? Why is it inappropriate for irrelevant evidence to be heard by jurors?
What danger lies in a defense attorney’s or prosecutor’s decision to present an opening statement to the jury?
Can a prosecutor use a peremptory challenge to strike a juror because of his or her race? If a defense attorney believes that this has occurred, what would be her or his next step?
Why is there a higher standard of proof in criminal cases than in civil cases?
If a defendant waives his or her right to a jury trial, what type of trial then takes place?
Whom does a Boykin form protect, and how does it do so?
What is case attrition, and why does it occur?
If grand juries indict almost all criminal defendants brought before them, why do we use grand juries?
What is the distinction between a preliminary hearing and an initial appearance?
What are the arguments against preventive detention?
During an initial appearance, can defendants plead guilty of having committed a felony? Why or why not?
Is it true that there is no concern for truth in our adversary system of justice? Explain your answer.
Why is it difficult for a defendant to have her or his conviction overturned on the ground of inadequate counsel even though the defense attorney was clearly ineffective during trial?
Why are public prosecutors considered the most dominant figures in the American criminal justice system?
What are the four situations that generally require a judge to recuse herself or himself from a case?
Many states, even those using the merit system, elect their judges. What is the main drawback of using elections to select or maintain judges in office?
What are some of the various functions that a judge undertakes during a trial? What function does a judge assume when presiding over a trial that is not a jury trial?
What effect does the Supreme Court’s refusal to issue a writ of certiorari have on lower courts’ decisions?
Federal judges and justices typically hold office for many years. Why is this so?
How did we end up with a dual court system?
In the late 1990s, American citizen John Walker Lindh converted to Islam and traveled to the Middle East to engage in terrorist training alongside Taliban and al Qaeda operatives. In 2002, U.S. troops captured Lindh in Afghanistan and brought him back to the United States to face charges for aiding
Which court has virtually unlimited geographic and subject-matter jurisdiction? Why is this so?
“The primary adversarial relationship in the courts is not between the plaintiff (prosecutor, or state) and defendant, but rather between the ideal of justice and the reality of bureaucratic limitations.” Explain why you agree or disagree with this statement.
Describe some of the interrogation strategies that police officers use to gain confessions within the guidelines set down by the Supreme Court’s Miranda decision.
“A person always assumes the risk that her or his conversation may be monitored by the police.” Is there any truth to this statement? Why or why not?
Using ALPR (see page 255), a CCTV camera reads the license plate of a stolen car parked in the garage beneath a football stadium. In court, the defendant— charged with auto theft—claims that the search methods are unconstitutional. What will the judge rule?
What is the difference between an arrest warrant and a search warrant?
Is it possible for a person legally to be under arrest without an officer indicating to that person that she or he is in fact under arrest? Explain.
What impact would further weakening, or even abolition, of the exclusionary rule have on a police officer’s incentive to “testily” (see page 219)?
How does the expression “fruit of the poisoned tree” relate to the issue of searches and seizures?
What continues to be the best indicator of probable cause in the face of no hard-and-fast definitions?
Suppose that a police officer stops a person who “looks funny.” The person acts strangely, so the police officer decides to frisk him. The officer feels a bulge in the suspect’s coat pocket, which turns out to be a bag of cocaine. Would the arrest for cocaine possession hold up in court? Why
How does the police subculture contribute to police corruption?
How might cultural differences between police officers and residents of the neighborhoods they patrol contribute to increased use of officer force in those neighborhoods?
Under what circumstances can a police officer legally shoot a suspect who is trying to escape a crime scene?
What are the various experiences that rookie police officers undergo that make them aware they are not in a “normal” job?
Relate the concept of “broken windows” to high-crime neighborhoods and potential ways to combat crime in such neighborhoods.
The Kansas City Preventive Patrol Experiment involved control beats, proactive beats, and reactive beats. Did the results of that experiment show any benefits to increasing preventive police patrol? If yes, how? If not, why not?
Why do law enforcement officials believe that the clearance rate for murders is so much lower today than it was forty years ago?
What are the benefits of delegation of authority within the organizational structure of a police department?
In what sense have police departments’ physical standards been used to discriminate against women?
What are some possible drawbacks of a policy restricting a police officer’s ability to engage in highspeed pursuit
Is it ever possible to completely eliminate discretion in policing? Explain.
Why do experts believe that the private security industry will continue to grow for the foreseeable future?
Why do some think that American police forces are becoming increasingly militarized?
How are the FBI and the DEA different? How are these two federal law enforcement agencies similar?
To what extent are state police complementary to, rather than substitutes for, local law enforcement agencies?
Which of the four basic responsibilities of the police do you think is most important? Why?
The latest era in policing has been called the community era and dates from the 1980s. How does this “new” era differ from the era of professionalism?
Increased professionalism in police forces has been made possible by two-way radios, telephones, and automobiles. In what way has society not benefited from this increased professionalism? Explain your answer.
What was the major problem faced by the earliest formal American police departments? Why did it occur?
Why would a defense attorney admit that a client had voluntarily gotten drunk before an accident in which she hit and killed a pedestrian?
What test is most often used for insanity, and how does it differ from other tests?
Why do you suppose that motive usually is not considered in criminal law? Why might determining motive be difficult when prosecuting a hate crime?
Many people are careless. At what point can carelessness be deemed criminal negligence?
Give an example of how the criminal justice system teaches societal boundaries.
What is the Model Penal Code, and how has it contributed to criminal law in the United States?
How does stare decisis contribute to the efficiency of a court system?
Why is the common law said to be uncodified?
What are some of the problems with the assumption that there is a link between poverty and criminal behavior?
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