Wedding cake model of criminal justice

TRUE/FALSE

1. The day-to-day administration of justice is less complex than the formal machinery of the justice system.

2. Walker proposes that most crime control ideas are based on false assumptions about how the CJS works.

3. Walker suggests that most of the time, the system operates in a chaotic and arbitrary manner.

4. Neither version of the New Cynicism adequately explains how the justice system handles routine cases on a day-to-day basis.

5. The Crime Commission’s model takes a systems approach to the administration of criminal justice.

6. The wedding cake model highlights significant differences in case processing within each layer and consistent patterns in case processing between layers.

7. Celebrated cases distort public perceptions about criminal justice.

8. The majority of cases are celebrated cases that involve the full criminal process including the criminal trial

9. The defining factor that makes a case celebrated is a celebrity offender.

10. The factor that differentiates second and third layer felonies is the frequency with which the courtroom workgroup sees cases in the different layers as are similar in other ways.

11. Data provided on stranger and non-stranger rape cases supported Walker’s argument regarding the impact of the victim/offender relationship on case processing, but data provided on stranger and non-stranger robbery cases did not support Walker’s argument.

12. Data on career-criminal prosecution programs show that they are less effective than was hoped, because these offenses were already being treated seriously.

13. Based on lower court research, Walker concludes that lower courts are very different from the upper courts, but there are significant differences between courts in different jurisdictions

MULTIPLE CHOICE

1. Walker argues that the American CJS is so complex, because

a.

it is based on English common law, but we have added our own statutory laws piecemeal over time to fill in the gaps

b.

of our capitalist economy and democratic political system

c.

it is made up of one federal and 50 state systems with their own substantive and procedural rules

d.

all of the above

e.

none of the above

2. The administration of criminal justice may seem chaotic due to the extensive ___________ of CJ practitioners.

a.

jurisdiction

c.

caseload

b.

discretion

d.

cynicism

3. The ____(1)______ is the civics-book picture of justice while the ____(2)______ portrays a chaotic CJS.

a.

(1) old idealism (2) new cynicism

c.

(1) new cynicism (2) old idealism

b.

(1) liberal idealism (2) conservative idealism

d.

(1) liberal cynicism (2) conservative cynicism

4. Select the most accurate statement

a.

old idealists provide a description of the day-to-day handling of routine cases that is closer to reality than the new cynics’ description

b.

conservative cynics provide a description of the day-to-day handling of routine cases that is closer to reality than the liberal cynics’ description

c.

new cynics see irrational decision making undermining effective crime control while old idealists believe chaos of the system produces systematic discrimination

d.

conservative cynics see irrational decision making undermining effective crime control while liberal cynics believe chaos of the system produces systematic discrimination

5. Walker uses which of the following terms to describe the routine handling of cases on a day-to-day basis?

a.

chaotic and discriminatory

c.

consistent and predictable

b.

chaotic and arbitrary

d.

inconsistent and unpredictable

6. Walker argues that the problem is that our system is

a.

too lenient

c.

both too lenient and too severe

b.

too severe

d.

neither too lenient or too severe

7. The Crime Commission’s Model

a.

emphasizes significant differences between types of cases and the consistent disposition of cases within each category

b.

emphasizes the interrelationships among agencies and the ways decisions at one point in the system affect decisions at other points

c.

is a visual representation of the consistency and predictability of the system

d.

is a visual representation of the chaos and unpredictability of the system

8. The major limitation of the Crime Commission’s model that the wedding cake model addresses is

a.

the way decisions at one point in the system affect decisions at other points

b.

the need to have a clear and concise graphic to communicate the function of the model

c.

the systematic mistreatment of racial and ethnic minorities in CJ case processing

d.

the consistent pattern in which similar cases are disposed of and the significant differences between types of cases

9. Which of the following statements most accurately summarizes the type of cases within each layer of the wedding cake?

a.

the largest layer of the cake contains serious felonies, because these are the most frequently occurring cases in the CJS

b.

the top layer contains celebrated cases, the second layer contains serious felonies, the third layer contains less serious felonies and the bottom layer contains misdemeanors

c.

although celebrated cases make up the top and smallest layer of the cake, they are examples of the typical cases handled routinely by the CJS on a day-to-day basis

d.

the top layer contains celebrated cases, the second layer contains less serious felonies, the third layer contains serious felonies and the bottom layer contains misdemeanors

10. What characteristics do cases in the top layer of the wedding cake share?

a.

they are all serious felonies committed with a weapon and resulting in injury to the victim

b.

they are part of the largest volume of cases and are not considered worth much to the courtroom workgroup

c.

these are all cases where a prior relationship exists between the victim and the offender

d.

they involve a famous person, a gruesome crime or result in landmark Supreme Court rulings

11. What impact do celebrated cases have on public perceptions?

a.

educational, because they teach the public about routine case processing by the CJS

b.

sentimental, because the public feels badly for the poor and minority offenders thrust in front of television cameras on a regular basis

c.

distorted, because people mistakenly assume they are typical of all cases when they are not

d.

none, because the public realize that these are atypical cases and that is what makes them newsworthy

12. One of the unique elements of criminal justice case processing that is more often present in celebrated cases than other cases is

a.

a trial

c.

a plea bargain

b.

a public defender

d.

a conviction

13. Criminal justice officials use ALL BUT WHICH of the following criteria to determine the seriousness of a crime

a.

the nature of the crime

c.

injury to the offender

b.

the use of a weapon

d.

the relationship between victim and suspect

14. The factors that criminal justice officials consistently use to classify cases include which of the following?

a.

the race and class of the victim and the offender

b.

the relationship between victim and offender and the suspect’s prior record

c.

the number of cases on the docket and the offender’s remorse

d.

none, criminal justice officials do not handle cases consistently or predictably

15. Judgments made by the courtroom workgroup regarding second layer cases

a.

are based on shared definitions of seriousness that promote consistent processing

b.

are more likely than other types of cases to be based on extralegal factors

c.

highlight the discretion and lack of predictability among American courtroom workgroups

d.

are made uniformly using charging guidelines that limit discretion

16. Parolees being sent back to prison for violations of the terms of their parole supervision is called

a.

front-load sentencing

c.

upfront sentencing

b.

back-end sentencing

d.

up-ending

17. Offenders who have committed a serious crime against a stranger and have a long prior record are likely to have ALL BUT WHICH of the following occur

a.

prosecuted on the top charge

c.

convicted

b.

given a severe sanction

d.

provided counsel

18. Third layer cases differ from second layer cases in that

a.

third layer cases are more likely to be dismissed or plead down

b.

there are more celebrities in second than third layer cases

c.

there are more second than third layer cases

d.

there are no differences between third and second layer cases

19. The liberation hypothesis refers to the liberation of

a.

misdemeanor cases from the requirement of attorneys and trials

b.

prosecutors and judges from conventional shared understandings of seriousness

c.

prosecutors and judges from requirements of procedural law

d.

modern courtroom workgroups from age old traditions

20. One of the consequences of the liberation hypothesis is

a.

only celebrities enjoy this liberation since this is more likely to occur in celebrated cases

b.

few cases are decided based on extralegal factors since this is more likely to occur in second layer cases

c.

a large number of cases may be decided based on extralegal factors since this is more likely to occur in third layer cases

d.

a large number of misdemeanor cases may be decided based on extralegal factors since this is more likely to occur in fourth layer cases

21. What would happen if prior relationship was eliminated as a decision-making factor in case processing?

a.

the courtroom workgroup would be liberated from shared understandings of seriousness and would be more likely to rely on extralegal factors in case processing decisions

b.

case processing time would increase in second layer cases, but it would decrease in third layer cases

c.

a large number of cases would move from the third to the second layer of the wedding cake thereby increasing the overall punitiveness of the justice system

d.

the only cases that would be affected would be cases in the fourth layer, but due to such a large number of cases there is a risk that the system would be overburdened

22. The conclusion drawn from research on career-criminal prosecution programs like the San Diego Major Violator Unit was that

a.

getting tough does not work if leniency is not the source of the problem

b.

getting tough increased the deterrent effect, because career criminals were previously treated leniently

c.

liberating the courtroom workgroup from traditional expectations moved more career criminal cases from the third layer to the fourth layer of the wedding cake

d.

these programs convinced the public that cases of career-criminals should be treated like celebrated cases

23. Regarding fourth layer cases, we are reminded that

a.

the largest number of cases in American courts are serious acts of violence committed by chronic offenders against strangers

b.

the largest number of cases in American courts are misdemeanors

c.

a large number of cases in American courts are decided based on extralegal factors since the courtroom workgroup is liberated from shared understandings of seriousness

d.

a large number of cases has not caused the American court system to collapse, but rather each misdemeanor defendant as an attorney and a full trial

24. A study of lower courts in New Haven, CT revealed that

a.

jury trials were very popular

b.

there were not enough cases from which to ascertain any trends

c.

contrary to expectation, defendants were not arraigned en masse or given light sentences

d.

due to a large volume of cases and relative lack of seriousness, the formalities of felony process typical in second layer cases is rarely present