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Drugs Crime And Justice Ist Edition By Steven Belenko Cassia-Spohn – Test Bank
Chapter 6 The main point of contention in Bostick was whether or not the police officers informed Terrance Bostick of his right to refuse a request to search his bags and if his Fourth Amendment rights were violated.*a.trueb.false(118:C) Statistical studies show that because the typical drug offender is a white male, white males are consequently more likely to be arrested for a drug offense.a.true*b.false(120:C) One possible explanation for the dramatic increase in arrest rates for drug possession and distribution from 1980-1989 and again in 1991-2006 is that there was simply an increase in the number of drug users and sellers.*a.trueb.false(122:A) Vagrancy, loitering, prostitution, graffiti, aggressive panhandling, and public drunkenness are all examples of what the OMP model considers “quality of life” offenses.*a.trueb.false(125:C) The rulings from the U.S. Supreme Court in several cases related to “stop and frisk” procedures show that the Justices agree that Fourth Amendment rights of citizens are being violated and citizens are being racially targeted by police.a.true*b.false(129:C) It is clear through evaluations and reports that MJTFs are more effective than traditional law enforcement approaches.a.true*b.false(137:K) Studies and evidence show that Blacks are arrested more often than Whites for drug offenses because they are more likely than Whites to use or sell illegal drugs.a.true*b.false(145:A) Since 1980, the arrest rate for Blacks has been _______ than for Whites.a.substantially lowerb.slightly higher*c.substantially higherd.slightly lower(120:K) Data collected by the FBI on persons arrested are broken down by the age, sex, and ______ of the arrestee.*a.raceb.year of birthc.place of birthd.stature(121:C) In 1980, Blacks were _______ more likely to be arrested for manufacturing or selling drugs than Whites.*a.four timesb.two timesc.ten timesd.one time(121:C) In 1989, Blacks were _________ more likely to get arrested for manufacturing or selling drugs than Whites.a.five and a half timesb.three and a half times*c.seven and a half timesd.two and a half times(121:C) The University of Michigan’s Monitoring the Future project is a form of reliable ________ data on drug abuse.a.police-report*b.self-reportc.community-reportd.state-report(123:K) Along with implementing OMP strategies nationwide, many cities expanded powers to the police allowing them to “stop, question, and ______” anyone they considered suspicious.a.arrestb.detainc.charge*d.frisk(125:C) In Terry v. Ohio (1968), the police practice of “stop and frisk” of two men after a __________ called into question whether Fourth Amendment rights were violated.*a.warrantless searchb.bus sweepc.concertd.drug raid(126:C) In Terry v. Ohio (1968) the Supreme Court ruled that a police officer can search a person for _________ whether or not there is probable cause or whether or not the officer knows with certainty if a subject is armed.a.illegal drugs*b.weaponsc.contrabandd.heroin(126:C) In cases such as State v. Weaver (1992) and United States v. Martinez-Fuerte (1976), courts have ruled that it is generally permissible for law enforcement to stop, question, or detain a suspect based on _________ so long as it is not the only factor for doing so.a.locationb.genderc.age*d.race/ethnicity(129:C) In the case of Whren v.United States (1996), the U.S. Supreme Court ruled that even in the absence of any evidence, the police are free to use ________ as a pretext to investigate suspected illegal drug activity.*a.minor traffic violationsb.bus sweepsc.road blocksd.random check points(131:C) Several HIDTAs incorporate __________ as an overall part of their strategies to curb drug abuse.a.stop and friskb.buy and bustc.pretext traffic stops*d.prevention and treatment(137:A) In 1997, the Pentagon donated _________ pieces of military equipment to local law enforcement agencies.*a.1.2 millionb.500,000c.900,000d.3 million(137:K) In 1989, more than _____ of adults arrested for felony drug offenses in California were Black or Hispanic.a.50%b.70%*c.80%d.60%(142:C) New York City’s implementation of quality of life policing showed that while Blacks accounted for less than 25% of the city’s population, they made up ______ of the arrests for public marijuana use.*a.52%b.35%c.95%d.15%(142:C) Beckett et al.’s study of drug possession arrests in Seattle showed that the Seattle Police Department made ______ times as many arrests for possession of crack cocaine than for any other drug.*a.eightb.twoc.fived.six(147:K) In Florida v. Bostick (1991), police officers were conducting an interdiction that involved performing a:a.boat checkb.traffic stop*c.bus sweepd.neighborhood patrol(118:K) Terrance Bostick was arrested and charged with:a.burglary*b.drug traffickingc.sexual assaultd.domestic violence(118:C) How are arrest rates measured?a.number of arrests per 100 peopleb.number of arrests per 50,000 peoplec.number of arrests per 500,000 people*d.number of arrests per 100,000 people(118:K) From 1980-1989, the arrest rate for drug possession increased:*a.89%b.100%c.93%d.75%(118:K) From 1980-1989, the arrest rate for drug trafficking increased:a.120%b.90%*c.210%d.50%(118:K) The FBI’s Uniform Crime Reports drug crime definitions include the prohibition of all of the following except:a.productionb.importationc.distribution*d.medicinal consumption(119:A) Most of the drug arrests in the U.S. from 1989-2009 according to the Bureau of Justice Statistics involved this psychoactive drug:a.cocaine*b.marijuanac.methamphetamined.heroin(119:C) According to FBI statistics, in 2011, the typical person arrested for a drug abuse violation was a:a.black male in his mid-twentiesb.white female in her mid-twentiesc.black female in her mid-twenties*d.white male in his mid-twenties(120:A) The FBI’s Uniform Crime Reports data on Part I crime includes information on all of the following except:a.murderb.rapec.robbery*d.negligent manslaughter(123:C)From 1980-1989, when the arrest rate for drug possession increased 89% and the arrest rate for drug trafficking increased 210%, illicit drug use among 19-28 year olds:a.slightly increasedb.remained the same*c.declinedd.significantly increased(123:A) The broken windows theory that suggests law enforcement agencies focus efforts on disorder and petty crimes in an attempt to curb more serious crime was inspired by:*a.Wilson and Kellingb.Wilson and Reuterc.Nguyen and Reuterd.Kelling and Nguyen(125:C) In response to Wilson and Kelling’s broken windows theory, many police departments began adopting more proactive approaches to policing among which was the OMP model; OMP stands for:a.Order Monitor Patrol*b.Order Maintenance Policingc.Observant Motorized Policingd.Obligatory Maintenance Policing(125:K) This Amendment to the U.S. Constitution protects citizens from illegal searches and seizures:a.Firstb.Fifth*c.Fourthd.Second(126:K) Of the nine Supreme Court Justices, he was the sole dissenter in the Terry v. Ohio (1968) case:a.Warrenb.Marshall*c.Douglasd.Harlan(126:K) After the U.S. Supreme Court overturned the Florida Supreme Court’s decision in Florida v. Bostick (1991), this justice was concerned that racial minorities would become targets of police in “stop and frisk” situations:*a.Marshallb.Warrenc.Douglasd.Harlan(127:A) A police officer who has a hunch that a driver may be involved in illegal drug activity and proceeds to pull the car over for a minor traffic violation in order to gain access to search the vehicle is an example of a:a.neighborhood sweepb.drug courier profile*c.pretext traffic stopd.stop and frisk(130:K) If a motorist refuses to give consent to a search, the Court ruled in this case that it was permissible for a police to bring in a drug-sniffing dog:a.Terry v. Ohio (1968)b.Florida v. Bostick (1991)c.Whren v. United States (1996)*d.Illinois v. Caballes (1995)(131:K) This DEA special agent first developed the drug courier profiles used at airports to target potential drug traffickers:a.Johnny Dean*b.Paul Markonnic.Russ Casswelld.Tommy Reid Jr.(133:K) The Edward Byrne Memorial State and Local Law Enforcement Assistance Program established by the Anti-Drug Abuse Act of 1988:a.provided legal defense for drug offendersb.gave financial assistance to struggling police departments*c.awarded grants that established multijurisdictional task forcesd.financially assisted community drug education programs(136:A) The multijurisdictional task forces (MJTFs) involve two or more criminal justice agencies that work together sharing intelligence and coordinating activities around:*a.drug control or violent crimesb.property and violent crimesc.quality of life offensesd.traffic violations(136:C) The High Intensity Drug Trafficking Areas (HIDTA) Program aims at reducing drug manufacturing and trafficking in particular regions through cooperation and sharing of intelligence among all of the following except:a.stateb.federal*c.international law enforcement agenciesd.tribal law enforcement(137:C) Law enforcement’s paramilitary SWAT teams stand for:a.Special Warfare and Tactics*b.Special Weapons and Tacticsc.Secretive Weapons and Tacticsd.Special Weapons and Targets(137:K) Los Angeles Police Department launched this policing strategy that resulted in 1,000 arrests for drug offenses over one weekend, of which all were either Hispanic or black:a.Operation Pressure Pointb.Operation Boiling Point*c.Operation Hammerd.Operation Drug Bust(142:K) Katherine Beckett and her colleagues studied racial disparities in drug possession arrests in this city:a.New Yorkb.Los Angeles*c.Seattled.Miami(146:C) What are “stop and frisk” practices and how are they related to Fourth Amendment issues?(126-129)Answers should include an explanation that police can stop and search individuals without a warrant. Answers should incorporate Supreme Court cases to show that these procedures are considered constitutional. List some of the characteristics of the drug courier profile and how these can be misapplied to innocent airport travelers. Do you agree with the Supreme Court decision United States v. Mendenhall? Why or Why not? (134-135)Answers should include at least 3 of the 11 characteristics listed on page 134. Answers will vary with regard to agreement or disagreement with Supreme Court case. Describe the Katherine Beckett et al. (2005; 2006) studies on racial disparities in drug arrests inSeattle, WA. What were her findings and do you agree or disagree with them? (146-147)Answers should include the fact that Beckett used Seattle Police Department data and how it showed that police focused on crack cocaine more than any other substance. Chapter 7According to the focal concerns perspective, prosecutors and judges use information about the offense, victim (if there is one), and the offender to help determine whether to file a charge, seek a plea bargain or what the appropriate sentence should be. .*a.trueb.false(154:A) The charging and sentencing processes are inherently straightforward and unambiguous.a.true*b.false(155:C) According to studies and data, most federal offenders are being prosecuted either as a result of an investigation by the OCDETF or for drug dealing.*a.trueb.false(158:C) The decisions a prosecutor makes in charging a defendant have an insignificant impact on the punishment to which he or she will be exposed.a.true*b.false(159:K) If a judge determines in a drug case that drugs were seized illegally, he or she can dismiss a prosecutor’s charges.*a.trueb.false(160:K) In an early study by the United States Sentencing Commission (USSC), it was found that mandatory minimum sentences were highly effective.a.true*b.false(168:K) The Cano & Spohn study that examined substantial assistance decisions involving drug offenders who were facing mandatory minimum sentencing found that the likelihood of departure was more likely for female offenders than male.*a.trueb.false(176:C) When the Armstrong case reached the U.S. Supreme Court, it ruled in a ______ decision that the federal rules of criminal procedure regarding discovery do not require the government to provide information requested by the defendants.*a.8-1b.6-3c.5-4d.9-0(152:K) Sometimes charging and sentencing decisions are influenced by the underlying fact that judges and prosecutors are part of a ___________ and so wish to preserve the smooth flow of the criminal justice system.a.narcotic undercover teamb.surveillance system*c. courthouse communityd.SWAT team(155:K) Since 1988, the BJS has collected data on felony cases prosecuted in _____ of the nation’s largest counties.a.25b.50*c.75d.10(156:K) The United States Attorney’s Annual Statistical Report indicates that _______ of the federal and state criminal caseload is made up of drug offenses.a.a minor amountb.a miniscule amountc.a vast majority*d.a significant amount(158:C) A study conducted by Shermer and Johnson in 2012 found that defendants who _______had a higher likelihood of obtaining a reduction of charges: (check all that apply)*a.were Hispanic*b.were women*c.faced multiple charges*d. were non-citizens(162:A) A(n)_______ minimum sentence requires a judge to impose specified sentences on offenders convicted of specific types of crimes.*a.mandatoryb.arbitraryc.suggestedd.typical(166:C) Because in both state and federal courts, specific charges trigger mandatory minimum sentences, the __________ in reality exercises sentencing power in these types of cases.a.judgeb.defense attorneyc.witness*d.prosecutor(166:K) State and federal prosecutors can circumvent mandatory minimum sentences by __________ the charges that defendants are facing.a.opposingb.stacking*c.manipulatingd.postponing(167:C) In an early study by the United States Sentencing Commission (USSC), it was determined that prosecutors failed to file the expected mandatory minimum charges in about _______ of the eligible cases.*a.a fourthb.a thirdc.a tenthd.a half(168:C) A 1994 Department of Justice report revealed that _____ in 5 federal prisoners were low-level drug offenders who had no prior records of violence, prior prison sentences, or involvement in sophisticated criminal enterprises.a.4b.2*c.1d.3(169:C) In United States v. Armstrong et. al (1996), the defendants contended that they were prosecuted in federal court rather than state court because:a.They were teenagers.*b.They were Black.c.They were uneducated.d.They were poor.(151:C) This U.S. Justice, who was the sole dissenter in the Armstrong case, believed that the evidence of selective prosecution warranted a response from the U.S. Attorney’s Office:a.Scaliab.O’Connor*c.Stevensd.Marshall(152:K) In an attempt to predict future dangerousness in an offender, prosecutors and judges often try to assess a person’s:a.remorsefulnessb.heightc.honesty*d.blameworthiness(154:C) When prosecutors must guess about an offender’s dangerousness and threat due to lack of information, they are at higher risk of:a.dismissing the charges*b.stereotyping offendersc.plea bargainingd.filing motions for a substantial assistance departure(155:C) The primary source of data on prosecuted drug cases in state courts is the:*a.Bureau of Justice Statistics (BJS)b.Federal Bureau of Investigation (FBI)c.Drug Enforcement Agency (DEA)d.Department of Justice (DOJ)(156:K) Approximately this proportion of the state felony defendants prosecuted since 1988 have been charged with drug offenses, according to data from the BJS:a.one quarter*b.one thirdc.one fifthd.one half(156:C) This annual report describes the characteristics of persons processed in the federal criminal justice system as well as the outcomes of the cases investigated by U.S. Attorneys:a.Felony Defendants in Large Urban Countiesb.Sourcebook of Federal Sentencing Statisticsc.United States Attorney’s Annual Statistical Report*d.Compendium of Federal Justice Statistics(157:C) In this report, data are presented on criminal cases filed and the outcomes of these cases for the nation as a whole and for each U.S. District Court:a.Felony Defendants in Large Urban Countiesb.Sourcebook of Federal Sentencing Statistics*c.United States Attorney’s Annual Statistical Reportd.Compendium of Federal Justice Statistics(157:C) This report, prodeuced by the U.S. Sentencing Commission, provides annual data on the characteristics of offenders convicted in federal courts and the application of federal sentencing guidelines:a.Felony Defendants in Large Urban Counties*b.Sourcebook of Federal Sentencing Statisticsc.United States Attorney’s Annual Statistical Reportd.Compendium of Federal Justice Statistics(157:K) Of all the criminal justice system decision makers, these officials have discretionary power that clearly stands apart from all the rest.a.police officersb.detectives*c.prosecutorsd.judges(159:K) This person decides who is charged, what charge is filed, who is offered a plea bargain and what type it is:*a.the prosecutorb.the judgec.the main witnessd.the defense attorney(159:C) A prosecutor has the power to do all of the following except:a.decide who is charged*b.determine whethr to impose a mandatory minimum sentencec.offer a plea bargaind.decide what charge or charges are filed(159:A) In both federal and state court cases, a prosecutor must decide whether a defendant will be charged with an offense that triggers a:a.U.S. Supreme Court hearingb.guaranteed appealc.mandatory maximum sentence*d.mandatory minimum sentence(159:C) Of all the different discretionary decisions made by a prosecutor, none is more important than: a.deciding to offer a plea bargain*b.the initial decision to prosecute or notc.deciding whether to charge with a mandatory minimum offensed.which charges to file(159:A) While a prosecutor does not have unlimited discretionary power, this U.S. Supreme Court case articulated that he or she generally has the sole discretion to determine whether or not to bring charges against a defendant and what charge(s) to file or bring before a grand jury.a.United States v. Armstrong et al. (1996)b.Terry v. Ohio (1968)*c.Bordenkircher v. Hayes (1978)d.Harris v. United States (2002)(159:C) Among the reasons that a prosecutor may reject charges at the initial screening are: (check all that apply)a.fear of retaliation from outside sources*b.a belief in the innocence of the defendant*c. a belief that the suspect is guilty, but conviction is unlikely*d.prosecution of the case is not “in the interest of justice”(160:A) All of the following are examples of “assessments of convictability” used by prosecutors except:a.seriousness of the offenseb.strength of evidence in the casec.culpability of the defendant*d.level of a defendant’s remorse(160:A) The Engen study found that the likelihood of a person being charged with a drug delivery offense typically depended upon:a.the type of drug
- the race/ethnicity of the defenant
*c.the amount of the drug
- the purity of the drug
(161:K) A study of a random sample of 5,000 felony drug and non-drug cases from the Circuit Court of Cook County in 2005 showed:a.prior offenses were disregarded*b.the race/ethnictiy of the offender influenced prosecutorial decisionsc.the race/ethnicity of the offenderdid not influence prosecutorial decisionsd.the offender’s criminal history had a significant effect on prosecutorial decisions(162:C) A study on charging and plea bargaining in federal drug trafficking cases conducted by Belenko and Spohn in 2012 found that offenders convicted of drug traffickmg offenses involving this particular drug were less likely to receive a charge reduction:a.cocaineb.heroin*c.methamphetamined.marijuana(163:C) Belenko and Spohn’s study on federal drug trafficking cases found that:a.white male offenders were more likely than other offenders to have the most serious charge dismissed*b.females were more likely than male offenders to have the most serious charge dismissedc.black males were more likely than white males to have the most serious charge dismissedd.Hispanic males were more likely than white males to have the most serious charge dismissed(163:A) A In 1995 Florida conviction for conspiracy to grow more than a million marijuana plants carried with it:a.a mandatory 5-year minimum sentenceb.a mandatory 10-year minimum sentencec.a mandatory 50-year minimum sentence*d.a mandatory life sentence(166:K) With the exception of _____________, these states all showed high levels of non-compliance with and circumventing of mandatory minimum sentencinga.Michiganb.Massachustettsc.New York*d.California(170:K) Afederal prosecutor who determines that a defendant can assist in the prosecution and conviction of another offender mayfile a motion for:*a.a substantial assistance departureb.mandatory maximum sentencingc.mandatory minimum sentencingd.a dismissal of the case(171:A) Nagel and Schulhofer’s research indicated that the definition of “substantial assistance” varied by:a.region*b.U.S. District Courtc.countyd.state(174:C) Unwarranted disparities in the use of substantial assistance departures were made evident in a study conducted by:*a.Nagel & Schulhoferb.Belenko & Spohnc.Shermer & Johnsond.Eisenstein & Jacob(174:K) From a focal concerns perspective, discuss some of the factors influencing a prosecutor’s decision whether or not to file charges in a particular case and includeexamples of discretionary decisions available to a prosecutor.(154-155)Answers should address how judges and prosecutors try to assess blameworthiness and future dangerousness along with the difficulties in obtaining enough information to make a valid assessment. It should mention stereotyping and practical consequences as influencing factors. What did the findings of the Engen, Gainey, and Steen study show in regards to how charging decisions are made in state court systems?(160-162)Answers should explain connection between prosecutorial discretion and how charging a person with more serious crimes results in harsher sentencing can be misleading. Because a prosecutor enjoys such freedoms with charging decisions there is a significant disparity in charges and sentences. What is a substantial assistance departure and how does it affect the application of mandatory minimum sentences in the federal court system?(170-177)Answers should demonstrate knowledge of a prosecutor’s key role in the charging and sentencing of offenders. It should also define and then explain how substantial assistance departure allows prosecutors to circumvent the mandatory minimum sentences for certain charges.